Recent challenges in mind, Iowa Republicans propose greater access to judicial process

DES MOINES — With recent cases at the Iowa Supreme Court and justices’ comments in mind, statehouse Republicans have proposed multiple legislative changes that would allow them greater access to the judicial process when a state law is challenged.

Plaintiffs who claim in court that a state law is unconstitutional would have to notify the Iowa Legislature under a legislative proposal that Republican state lawmakers advanced Monday at the Iowa Capitol.

Last week, lawmakers moved a separate proposal that would allow legislative leaders to file briefs in state court proceedings over laws passed by the Legislature without needing permission from the court.

Several new state laws passed by the Republican-majority Iowa Legislature have been challenged in state and federal courts as unconstitutional, including laws regarding abortion, sexual material in school books, undercover video recording on agricultural property and first right of refusal for utility companies in project bids, which two electric transmission companies called anti-competitive.

Iowa Supreme Court justices, in their written arguments in the utility case, cited lawmakers’ floor debate. Some Republican lawmakers felt the justices misconstrued their remarks during debate.

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During Monday’s hearing on the proposal to require notice to the Iowa Legislature when the constitutionality of a state law is challenged, Sen. Mike Bousselot, a Republican from Ankeny, said he believes the proposed legislation would add transparency to the judicial system without adding significant burden to the parties involved.

“Ultimately, we have seen that there’s been greater and greater emphasis on the constitutionality and frankly the intent of what the Legislature’s doing and when we do it,” Bousselot said. “And if that question of intent and what the Legislature is doing is going to be questioned and reviewed so thoroughly throughout the process, I think having that same body having notification and knowledge that those questions exist would be impactful and beneficial to the parties to the suit, as well as to the Legislature as a whole, and frankly is worth the benefit to the state of Iowa.”

Bousselot and Republican Sen. Jason Schultz, a Republican from Schleswig, signed off on advancing the proposal, Senate Study Bill 3098, to the full Senate Judiciary Committee.

That’s the same committee that also will consider the proposal to allow legislators to file briefs when a state law is challenged in the state courts. That proposal, Senate Study Bill 3099, passed its first legislative step last week.

During a hearing on that proposals, Sen. Dan Dawson, a Republican from Council Bluffs, said the bill would allow legislators to make clear their case for the legislation.

“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,” Dawson said.

The proposal received bipartisan support: Dawson, Bousselot and Sen. Nate Boulton, a Democrat from Des Moines and a lawyer, all signed off on advancing that bill.

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