Iowa Supreme Court Archives » Lynda Waddington

07Dec 2017 by Lynda Waddington

Salmon is OK with doctors lying

Gazette Column

Janesville Republican Sandy Salmon wants to reverse a court ruling that requires doctors and other medical professionals to tell pregnant parents the truth. As a guest columnist on the Caffeinated Thoughts blog, state Rep. Salmon said she plans to introduce a bill that will prohibit “wrongful birth” lawsuits in the Hawkeye State, effectively clearing the way for health care professionals to withhold vital fetal health information from pregnant women and their partners. “Wrongful birth” cases, as I’ve written before, involve pregnancies in which physicians or other medical professionals have access to test results, not disclosed to parents, indicating the child will face severe disabilities. In the case decided by the Iowa Supreme Court, for instance, abnormalities discovered during an ultrasound were not discussed. The parents were instead led to believe “everything was fine”…

08Oct 2017 by Lynda Waddington

Should we oust sexual harassers?

Gazette Column

Should Iowa voters have to wait until the next election to oust officials engaging in sexual harassment? The Supreme Court heard oral arguments in a case that may provide an answer. The case involves Abraham Watkins, elected as Van Buren County attorney as an independent in 2014. Midway through his four-year term, a court said Watkins abused his position by sexually harassing county employees. Watkins was ousted, and appealed the ruling. Case details are sordid — boasting and sharing of nude photographs, questions and comments about intimate body parts. They’d perhaps be more shocking if Iowans hadn’t recently heard reports of similar behavior in the Senate Republican Caucus. Chapter 66 of the Iowa Code provides a framework for removal of appointed or elected officials not subject to impeachment. Causes include willful or habitual…

06Jul 2017 by Lynda Waddington

Godfrey court decision good for Iowans

Gazette Column

Iowa Supreme Court Justices narrowly decided last week that citizens can sue government officials who violate their rights. The 68-page decision, which addresses a portion of an employment dispute case brought by former Iowa Workers’ Compensation Commissioner Chris J. Godfrey against former Gov. Terry Branstad, Gov. Kim Reynolds and four more Branstad administration officials, was handed down June 30. It reverses a lower court decision to stall the case and, by doing so, establishes a landmark pathway for citizens to seek monetary damages from the government and government officials for violations of equal protection and due process rights within the Iowa Constitution. While many in Iowa await the outcome of the long-standing dispute between the Branstad administration and Godfrey, the Iowa Supreme Court ruling merely sends the case forward. The Justices specifically…

25Jun 2017 by Lynda Waddington

Wrongful birth suits get Iowa court nod

Gazette Column

Physicians who don’t inform pregnant women and their partners of fetal anomalies can be sued, the Iowa Supreme Court decided this month. These “wrongful birth” cases involve pregnancies in which physicians or other medical professionals have access to test results, not disclosed to parents, indicating the child will face severe disabilities. For instance, in the case before the Iowa Court, parents Pamela and Jeremy Plowman say their prenatal doctors failed to inform them of abnormalities discovered during an ultrasound. Instead they were led to believe “everything was fine” with the pregnancy, and recommended follow-up testing was never completed. Severe cognitive defects were diagnosed after their son was born. His medical condition requires lifelong oversight and intervention. Now six years old, their son does not speak or walk, and he is…

30Oct 2016 by Lynda Waddington

Good for Regents to explain

Gazette Column

Pretty soon the Iowa Board of Regents will need to explain its actions. A Polk County lawsuit by University of Iowa alumnus and former staffer Gerhild Krapf questions the methods used by certain Regents during the University of Iowa presidential search. Specifically, the suit takes aim at actions that appear to show favoritism to Bruce Harreld, the man ultimately awarded the job despite significant staff and community concerns and opposition. In the suit, Krapf says multiple private meetings afforded to Harreld — and not to other applicants — were violations of the state’s open meeting law. While there was no majority of Regents at any one meeting, she argues, the meetings were held close enough together to constitute majority attendance either in person or by proxy. [caption id="attachment_137" align="alignright" width="640"]…

03Jul 2016 by Lynda Waddington

Move Iowa forward with voting rights

Gazette Column

Iowa Supreme Court justices had their say, and now Iowans must decide if the moral ramifications of stripping voting rights from perpetrators of “infamous crimes” is acceptable. The Iowa Constitution mandates those convicted of “infamous crimes” forfeit their right to vote. The Legislature linked “infamous crimes” to felonies, which is where state law is today — as well as where a majority of the Court believes we should stay. So all Iowans convicted of felony crimes lose the right to vote unless they file for and receive a restoration from the Governor’s Office. That’s the law, which has been upheld by the Supreme Court. But even if the current process aligns with the Constitution, we still need to decide if the practical results are what’s best for the state and…

06Jun 2016 by Lynda Waddington

Another step toward justice

Gazette Column

Iowa Supreme Court says juveniles can't sentenced to life without possibility of parole As more fallacies of the nation’s “tough on crime” era are exposed, juvenile justice must continue to evolve. On May 27, the Iowa Supreme Court once again stood on the right side of history. But this case, unlike same-sex marriage, produced only minor ripples within the public consciousness. Perhaps this was because the opinion arrived before a three-day weekend. Or maybe it was because the ruling concerned people we’ve been told are lost causes. Regardless, I spent most of the day reading and digesting the split ruling and its companion dissents and concurring opinions. It took time to absorb that no Iowa juvenile offender will ever again be sentenced to life without the possibility of parole. Our…

25Jun 2015 by Lynda Waddington

Keeping the ‘Faith In Iowa’

Gazette Column

Witosky, Hansen book offers clear view of marriage equality struggles and influence Civil rights vanguards aren’t immediately appreciated and are rarely comfortable. Iowans know this from experiences dating to the early 1800s, well before statehood. The first ruling of the Iowa Territory Supreme Court in 1838 said a slave could not be forced to return to a slave state after residing on our soil. At a time when women were considered legal property by most Americans, married and unmarried Iowa women legally owned property. And, a century before interracial marriages were nationally recognized, they were taking place in Iowa. The list goes on. From a ban on segregated schools 90 years before a similar national decision to a 1953 legislative refusal to take up a McCarthy-era demand for public employee…

21Sep 2014 by Lynda Waddington

Telemedicine case will find justice

Gazette Column

No matter our stance on controversy de jour, we can agree on the importance of an independent judiciary. No one wants to stand before a judge and wonder if his or her ruling is based on placement of a wet finger in the political winds. We understand all too well, after all, that politicians can be swayed in their mission of what’s in the best interest of society to a stance better summarized as doing right by their political party or a special interest group. The last thing we need or want is our court system to fall under political scrutiny; for each decision, verdict and sentencing to be viewed as some small battle on the path to a politically-motivated goal. This is exactly why the decision this week by…

04Aug 2014 by Lynda Waddington

Bertrand defamation case changes nothing

Gazette Column

Transparency makes attack ads palatable In September 1895, Woodrow Wilson was more than two decades away from his move into the White House and spent a great deal of time studying government via the lens of history. It was at this time, well before history and political science were distinct disciplines, the scholarly Wilson wrote a magazine essay establishing his thoughts on how historians should present their work, summarizing why it is often difficult to see into the past as well as into the future. “The truth of history is a very complex and very occult matter. It consists of things which are invisible as well of things which are visible. It is full of secret motives, and of a chance interplay of trivial and yet determining circumstances; it is…