Capitol Notebook: Iowa bill would allow legislative leaders to file court briefs when laws are challenged

DES MOINES — Iowa legislative leaders would be allowed to submit briefs in state court proceedings over laws passed by the Legislature under a bill lawmakers advanced on Thursday.

The bill — Senate Study Bill 3099 — would dictate that an appeals court must accept amicus briefs submitted by leaders of both parties in the state House and Senate in situations where the constitutionality of a state law is called into question.

An amicus curiae brief is a document filed in a court proceeding providing an argument or information from a person or group that is not a party in the case.

Individual lawmakers would be able to sign onto a leader’s brief, but lawmakers would not be able to sign onto multiple briefs.

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Passing the bill out of a subcommittee, Republican Sen. Dan Dawson, of Council Bluffs, referenced a previous Iowa Supreme Court ruling that cited floor debate comments made by lawmakers in its decision.

Republican leaders said at the time they disagreed with the court’s decision to determine legislative intent using portions of their remarks during debate. Dawson said on Thursday the bill would give legislative leaders the ability to more clearly spell out a bill’s intent and their argument for its constitutionality.

“What’s proposed here is just an ability for us to have our voice and maybe clarify the actual legislative intent if there is some discrepancy there based on what gets cherry-picked on videos,” he said.

Sens. Mike Bousselot, R-Ankeny and Nate Boulton, D-Des Moines, also voted to advance the bill.

Bousselot said the state courts last summer changed the rules to allow briefs in proceedings from the U.S. government and from the executive branch without permission. The bill would extend those provisions to the legislative branch, he said.

Leaders and individual lawmakers can already file briefs in state court cases, but they must first obtain permission from the court.

“I think it kind of formalizes the process,” Boulton said. “Which is, I think, a good thing, a healthy thing to actually have more of a reflection of the minority and majority positions from the debate.”

Lawmakers table proposal to require administrators to teach

A legislative proposal to require school administrators to spend more time in the classroom was shelved when it failed to gain enough support from lawmakers in a subcommittee hearing.

Lawmakers opposed to the bill, and education advocacy groups who spoke during the public comment portion of the hearing, said they appreciate the bill’s intent but worry about its real-world impact of taking administrators away from their regular responsibilities.

Two of the three members of the subcommittee panel opposed the bill, and both are retired teachers: Rep. Thomas Moore, a Republican from Griswold and Rep. Monica Kurth, a Democrat from Davenport. That meant the bill — House File 2072 — did not have sufficient support to advance in the legislative process.

Moore said he knows that especially in smaller school districts, superintendents are already helping out in the classroom and even driving school buses. But, Moore said, he believes that type of activity should be encouraged but not mandated.

“The bill, to me, is too restrictive in its requirements,” Moore said.

Bird joins Republican AGs’ letter responding to Dem AGs

Joining other Republican state attorneys general, Iowa Attorney General Brenna Bird signed a letter to President Joe Biden’s administration, demanding it reject a request from Democratic state attorneys general that the administration halt the production of ammunition at a plant in Missouri.

Last week, Democratic AGs in a letter of their own asked the administration to address the sale of military-grade ammunition to Americans, including ammunition produced at Lake City Ammunition Plant in Independence, Missouri. In the letter, Democratic AGs cite reports that have suggested the ammunition sold at the plant has been used in mass shootings.

The Republican AGs’ letter disputes that assertion.

“If the Biden administration and anti-gun activists were serious about saving lives, they would start by enforcing the laws on the books to combat violent criminals,” the letter says. “This attack on ammo sales at Lake City is nothing more than an unlawful attempt to strip law-abiding citizens of their rights to protect themselves.”

Gazette-Lee Des Moines Bureau