New federal cases, laws of special importance to Iowa mothers
and Brenna Bird's surprise trip to NYC
More often than not over the past three years, Dennis Hart had to revise the “Capitol Week” format with breaking news on a Monday. It happened again this week with Attorney General Brenna Bird’s surprise appearance as part of Donald Trump’s entourage in Manhattan. We already had several stories involving Bird on deck, so why not add one more?
George A. Clark co-hosted the show with me this week, and I really enjoyed connecting with him again. Long before “Capitol Week” existed, I was an occasional guest on Podcast by George. Although George has retired from the podcast, he still regularly updates his Facebook page with interesting links.
On to the May 13 show. Remember, you can subscribe to “KHOI’s Capitol Week” on your favorite podcast platform, or listen to past episodes on KHOI’s website.
Here’s what George and I talked about on Monday:
We started with the two federal lawsuits filed last Thursday, seeking to block Iowa from enforcing Senate File 2340, the immigration law that creates a new state crime of “illegal reentry.” You can read the federal government’s lawsuit here and the case filed on behalf of Iowa Migrant Movement for Justice and two individuals here. I have a post in progress at Bleeding Heartland on why the state will struggle to show this law is constitutional;
One key issue in both lawsuits: Iowa’s law makes no allowance for the reality that the federal government may grant permission for someone to be in this country, even if they were removed or deported in the past;
Responding to the lawsuit, Governor Kim Reynolds cited her “responsibility to protect the citizens of Iowa. Since President Biden refuses to enforce our nation’s immigrationlaws – threatening the safety of our citizens – Iowa will step in.” Similarly, Attorney General Bird said, “Iowa stands ready to defend our immigration law that keeps Iowa communities safe”;
I previewed one of the key legal arguments for the state, which Republican legislators put forward during the House and Senate debates. The concept is that the U.S. Constitution allows states to defend themselves against an “invasion,” and GOP politicians claim undocumented immigration amounts to an invasion of this country;
Contrary to the idea that SF 2340 will keep Iowans safe, Marshalltown Police chief Michael Tupper submitted a declaration for one lawsuit explaining why “it undermines public safety” when the immigrant community believes local police will engage in immigration enforcement;
Many of the arguments in these cases overlap, and U.S. District Court Judge Stephen Locher has consolidated a hearing on the motions for a preliminary injunction, which is set for June 10;
Iowa became a plaintiff in yet another lawsuit against the Biden administration last week. This case, involving six GOP-led states that are part of the Eighth Circuit Court of Appeals, challenges the U.S. Department of Education’s latest rule related to Title IX protections for LGBTQ students. Republicans dispute that Title IX’s prohibition of sex discrimination should encompass discrimination on the basis of sexual orientation and gender identity;
Bird was spotted on Monday morning outside the criminal court where Donald Trump’s trial continues in Manhattan. The Attorney General’s office hasn’t answered any of my questions about the trip, but a spokesperson told the Des Moines Register’s Brianne Pfannenstiel “no taxpayer money had been used to fund her travel.” Bird spoke briefly to reporters outside the courthouse to call the case a “travesty” designed to keep Trump off the campaign trail;
George wondered if state political leaders traveling across the country was going to be the “new normal.” I won’t be surprised to see Bird appearing with Trump in other venues this year. She’s been the former president’s top Iowa surrogate since Governor Reynolds endorsed and actively campaigned for Florida Governor Ron DeSantis;
Moving to legislative news, the governor continues to sign more laws the legislature approved last month. Last week, she signed Senate File 2251, one of the bills she proposed, extending postpartum Medicaid coverage for thousands of Iowa women while excluding thousands of women from pregnancy or postpartum coverage;
I’ve been wanting to talk about House File 626 for a while, but I don’t think Dennis and I ever got to it during the legislative session. Starting next year, this law will prohibit insurance companies from forcing a change to someone’s prescription medications in the middle of a coverage year, if the patient is stable on the drug and a health care provider continues to prescribe it. I enjoy stories like this, which have a major lobbying component. You might think this bill is not controversial, because it passed both chambers nearly unanimously. But advocates had to work for at least seven years to get it to the Iowa Senate floor, due to strong opposition from the insurance lobby;
Here’s an update on a bill that particularly affects mothers. Natalie Krebs reported for Iowa Public Radio last week on contracts signed with four groups that will provide services under the “More Options for Maternal Support” (MOMS) program, which funnels taxpayer dollars to crisis pregnancy centers. Senate File 2252, which the governor signed in April, allows the Iowa Department of Health and Human Services to administer this program directly;
Reynolds signed the remaining appropriations bills last week, which set spending levels for the fiscal year beginning on July 1. On this program I wanted to highlight a couple of big picture points: Reynolds did not use her item veto power at all, which illustrates how Republicans closely coordinate budgeting with the governor’s office these days. They don’t put anything important in appropriations bills without her approval;
Second, the $8.9 billion state budget for fiscal year 2025 will spend only about 80 percent of projected state revenues. By law, legislators are allowed to allocate up to 99 percent of projected revenue, but Republicans are building huge surpluses into the budget in order to cover future tax cuts;
The June 4 primary fast approaches, and I wanted to flag the early voting deadlines for listeners. You can vote early in person starting May 15, and county auditors will start mailing out absentee ballots on the same day. Whether you vote early or on the primary election day, remember to bring some form of voter ID with you. If you need to change your address or register for the first time, bring proof of address as well as a valid ID;
Moving back to state government news, Bird held a press conference on Friday to announce she was creating a new task force on antisemitism. Oddly, her office still hasn’t released a full list of task force members. I was able to confirm over the weekend that none of the three current state legislators who are Jewish were invited to participate;
On the environmental front, there was good news and bad news connected to the heavy rain Iowa has seen in recent weeks. Jared Strong reported for Iowa Capital Dispatch that “For the first time in nearly two years, no part of Iowa has extreme drought”;
Now for the bad news: the rain has flushed a lot of nitrate off fields and into Iowa waterways. Strong reported on this problem for Iowa Capital Dispatch as well;
Excessive levels of nitrate in water has been associated with blue baby syndrome and certain cancers; I recently republished some in-depth reporting by Keith Schneider on the possible link between farm chemicals and high cancer rates in Palo Alto County;
A quick bit of Congressional news: all four Iowans in the U.S. House helped save House Speaker Mike Johnson’s job last week;
We didn’t have time to dig in to the details, but researchers from Princeton University have demonstrated that Iowa’s “Education Savings Accounts” (school voucher) program led to tuition increases at many private schools. Stay tuned, because I will have more to say about these findings on the May 20 program.
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It seems Iowa Attorney General finds a reason to get on camera & in the press every day for one reason or another. I expect that will continue until she runs for governor to the right of Kim Reynolds. Bird stated after she came out as DJT’s primary Iowa state government endorser that Bird claims to represent Iowans more accurately than Reynolds on the national political scene. At that moment she declared her supremacy over Reynolds politically.
Brenna Bird’s anti-semitism commission may exist in name only at this point; but any excuse to held a press conference & keep her name in the news on a daily or almost daily basis will be advantageous to her political ambition.
Who pays for all these lawsuits against Iowa? Isn't it the taxpayer? Maybe it should come out of the governor and legislators own pocketbooks.