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Midwives’ lawsuit challenging Iowa certificate-of-need law can continue, judge says

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Midwives’ lawsuit challenging Iowa certificate-of-need law can continue, judge says


A pair of central Iowa midwives fighting for the right to build a stand-alone birthing center can continue their lawsuit against the state, a federal court ruled Wednesday.

Caitlin Hainley and Emily Zambrano-Andrews, who together make up the Des Moines Midwife Collective, are challenging a state law requiring any new medical facility obtain a “certificate of need” from regulators. That involves, among other expensive and time-consuming steps, giving any potential competitor notice of the proposal and the opportunity to argue why the new facility is not truly needed.

Hainley and Zambrano-Andrews, who currently provide home birth services throughout the Des Moines metro, want to open a birth center with tubs and other equipment so patients can give birth in a home-like setting. Their attorneys say that midwife service, whether at home or a birth center, is fundamentally different than that provided by hospital maternity wards. Their lawsuit, filed in February 2023, argues it is unconstitutional for the state to grant what amounts to a “competitor’s veto” to established businesses.

The state filed to dismiss the lawsuit. Wednesday’s ruling, by Chief District Judge Stephanie Rose, largely denies that motion. But Rose did rule the certificate of need law does not infringe on any “fundamental right” under the U.S. Constitution, meaning it will be easier for the state to prove its law is constitutional.

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From 2023: MercyOne Des Moines to shut down its midwives program. What that means for pregnant moms:

The Iowa Attorney General’s Office did not respond to a message seeking comment. Wilson Freeman, an attorney with the libertarian-leaning Pacific Legal Foundation who is representing the midwives, said in an email they believe they will prevail even if the court does not agree the law infringes on their fundamental rights.

Strict scrutiny or rational basis?

Any law that burdens what courts consider to be a fundamental right — such as freedom of speech, the right to marry and have children, and more — must survive what is known as strict scrutiny, meaning it must be found to be “narrowly tailored” to serve a “compelling” government interest.

If a law does not implicate a fundamental right, courts instead apply what is known as rational basis review, meaning the law must only be “rationally related” to a “legitimate” government interest.

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In this case, the midwives argued the certificate of need law violated multiple fundamental rights, including the right of mothers to choose their place and manner of giving birth and the right of the plaintiffs to earn their living. But the judge rejected those claims, finding other courts have declined to make birth setting a fundamental right and noting the U.S. Supreme Court’s “unmistakable resistance” to recognizing additional rights as fundamental.

Case can continue, judge rules

Attorneys for the state had asked for the case to be dismissed entirely, but Rose refused, finding the plaintiffs have “plausibly” argued the certificate of need law might fail even under rational basis review.

Among other arguments, Rose noted that the midwives raise the question of why they are allowed to provide home births without a certificate of need, but do need a certificate to provide the same service in a centralized location. Such a distinction does not improve the cost, availability or quality of maternal care, the women argue. Rose wrote the women have asserted a “plausible claim for relief” that the law lacks a rational basis, and agreed the lawsuit should continue.

Previously: Iowa finally passed a law to license midwives. Will it help sway medical field doubters?

Freeman, representing the midwives, told the Register they’re prepared to fight that fight.

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“There is no rational reason for the state to require a certificate of need for midwives who want to help women give birth in a dedicated facility, while allowing midwives to attend births literally anywhere else without such a certificate, Freeman said. “While we continue to believe a fundamental right is implicated by the regulation, the law is unconstitutional under either standard.”

And although rational basis review is favorable to the state, similar laws have failed that test before, Freeman said. A Kentucky law requiring a certificate of need for moving companies was struck down under rational basis in 2014.

The case currently is scheduled for a bench trial before Rose in January 2025.

William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.



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Iowa

Meet the Clog Fathers: One of Iowa’s Red Bull Soapbox Derby teams

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Meet the Clog Fathers: One of Iowa’s Red Bull Soapbox Derby teams


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  • Five friends from Pella, Iowa, entered the Red Bull Soapbox race in Des Moines.
  • Their car, the Clog Cruiser, is shaped like a Dutch clog.
  • The race takes place at the Iowa State Capitol Grounds on May 31.

A couple of months ago, Treyton Turnbull didn’t even know what a soapbox race was.

That was until the incoming junior at Iowa State University was sent an advertisement for the May 31 Red Bull Soapbox Race in Des Moines in a group chat with his friends.

“I saw the ad for it on Instagram and I initially sent it to the group chat as a joke,” said Ryan Sales, an incoming sophomore at University of Northern Iowa. “Everyone agreed to do it, and I remember being in my dorm room filling out the application thinking there’s no way we’ll get in.”

“When we got the email saying we made it, I was so pumped for it,” Sales said.

What began as a joke has turned into five hometown friends becoming fully immersed in soapbox racing, studying past Red Bull competitions to see what succeeded as they crafted their cart.

Their team name Clog Fathers pays homage to the classic mob drama “The Godfather” while also drawing inspiration from the team’s hometown of Pella and its deep Dutch heritage.

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“Growing up, we’d always go into town for Tulip Time, so we wanted to make our cart Dutch- or tulip-themed,” Turnbull said. “We thought about doing a windmill or corn because of Iowa, but we landed on a clog because we thought it would be fun to race down a hill in a giant shoe.”

Besides Turnbull and Sales, the group includes Donovan Helle, Nicolas Stanley and Kaiden Hol. Helle attends Central College, while Stanley and Hol are students at Des Moines Area Community College.

What will the Clog Fathers’ Red Bull Soapbox car look like?

The chassis of the cart comes from a four-wheeler and the outside frame will be in the shape of a clog that was pieced together from some spare metal scrap. The name of the cart is the Clog Cruiser.

“Going into this our expectations of what we were going to achieve were low, like we thought the car would look like a wreck,” Sales said. “But we’ve done a couple of test runs so far, and it’s actually come together a lot better than we were expecting.”

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Besides some members taking a welding class in high school, Turnbull said none have an engineering background or any experience making a soapbox car.

“We’re kind of just figuring it out as we go,” Stanley said.

Turnbull said the team has invested more than $400 in constructing the Clog Cruiser. He said they have secured sponsorships from local businesses in Pella to offset some of the costs.

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“We’re really scrounging around because I just got through freshman year of college, barely able to eat on finals week, so I can’t afford to fund a whole car,” Sales joked.

Turnbull will drive the cart with Stanley sitting behind him to distribute weight. As far as the team’s expectations for the Clog Cruiser, they’re keeping them relatively tempered.

“Our goal is just to make it to the finish line,” Stanley said. “We’re prepared to take a tumble or two if it means making it to the end.”

How to watch the Des Moines Red Bull Soapbox Race

The Red Bull Soapbox Race series premieres on Discovery. Each episode takes place in a different city. Des Moines is among six cities for the 2025 tour, including London and Madrid. Full episodes can be viewed via Discovery’s YouTube channel.

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Where is the 2025 Red Bull Soap Box Car Race in Des Moines?

The Red Bull Soapbox Car Race is at the Iowa State Capitol grounds in Des Moines, located on East Walnut Street.

The event starts at noon May 31 and is free for spectators. The top three teams will receive trophies and prizes.

Cooper Worth is a service/trending reporter for the Des Moines Register. Reach him at cworth@gannett.com or follow him on X @CooperAWorth.



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Iowa attorney general says officers were justified in fatal shooting on Interstate 80

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Iowa attorney general says officers were justified in fatal shooting on Interstate 80


Police officers and deputies involved in the fatal shooting of a suspect, who authorities say shot at law enforcement several times on Interstate 80 in April, were justified in using lethal force, Iowa Attorney General Brenna Bird said.

The incident happened in the early morning on April 15, when a deputy pulled over Vonderrick Rayford for excessive speeding near Earlham, according to the May 29 report. Rayford, 51, of Milwaukee, was on the run after shooting a woman in the head and shooting at a police officer in Colorado Springs on April 13, according to the report.

Rayford had stolen the car he was driving and had a stolen handgun on him, the report said.

Once he was pulled over, Rayford, who had previously been convicted of assaulting a peace officer and dangerous use of a weapon, began shooting at Dallas County deputy Jacob Spurrell, the report said. Rayford also shot at other responding officers who responded to Spurrell’s call of “shots fired,” according to the report.

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Rayford eventually put his hands up and dropped the gun. Officers asked Rayford to back away from the gun, but he ignored them.

Rayford eventually picked up the gun and raised it at officers when they were within a few feet of him, the report said.

Five officers from different agencies, including the Dallas County Sheriff’s Office, Adair County Sheriff’s Office, Stuart Police Department and Adel Police Department, shot and killed Rayford, the report said. Law enforcement involved were deputies Spurrell and Eric Grimm from Dallas County; officer Shane Martinson from Stuart; deputy Tyler DeFrancisco from Adair County; and officer Joel Gummert from Adel. Officer Brandon Pickett from Adel attempted to fire but his gun malfunctioned, the report said.

Bird concluded the officers’ actions were justified.

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“Rayford escalated a routine traffic stop into a deadly shooting that endangered the lives of multiple law enforcement officers and all other persons who were using the interstate that night,” Bird said in the report.

The incident shut down the interstate for hours during the morning commute.

José Mendiola is a breaking news reporter for the Register. Reach him at jmendiola@dmreg.com or follow him on X @mendiola_news.



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Iowa National Guard holds send-off ceremony in Cedar Rapids

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Iowa National Guard holds send-off ceremony in Cedar Rapids


CEDAR RAPIDS, Iowa (KCRG) – The Iowa National Guard continued deployment ceremonies for units headed to the Middle East for tours of duty on Thursday in Cedar Rapids.

Friends and family members of soldiers from Charlie Company, 224th Brigade Engineer Battalion in Cedar Rapids attended the ceremony. Those soldiers are headed to the Middle East to support Operation Inherent Resolve. It’s the military’s name for the international effort to defeat the Islamic State in Iraq and Syria.

Officials say these send-offs are a vital tradition.

Commander Justus Knudsen says the ceremony is a way for those people to better understand why these soldiers are being sent off. He also says emotions among soldiers are mixed.

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“They’re excited…everyone’s kind of excited, nervousness. There’s a lot going on to take in all at once. I think that kind of bring everyone together and gets you over that hump of uncertainty,” said Commander Knudsen.

A total of 1,800 soldiers from all around Iowa are heading to the Middle East this week.



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