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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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Where Iowa State basketball stands in NCAA Tournament bracketology

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Where Iowa State basketball stands in NCAA Tournament bracketology


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We’re heading down the homestretch.

Iowa State men’s basketball has two regular-season games left, followed by the Big 12 Tournament.

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Iowa State enters the final week of the regular season with a 24-5 overall record and an 11-5 mark in Big 12 action.

The Cyclones have a NCAA Tournament resume-bolstering opportunity on Monday, March 2 with a road game against Arizona, before wrapping up the regular-season on Saturday, March 7 against Arizona State.

Plenty can still change with bracketology from now until Selection Sunday on March 15, but here is where experts are projecting Iowa State to land in the NCAA Tournament entering the final week of the regular season:

Iowa State basketball’s computer metrics as of Tuesday

Eugene Rapay covers Iowa State athletics for the Des Moines Register. Contact Eugene at erapay@gannett.com. Follow him on Twitter at @erapay5





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Iowa Lottery Pick 3 Midday, Pick 3 Evening results for March 1, 2026

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The Iowa Lottery offers several draw games for those aiming to win big with rewards ranging from $1,000 to millions. The most an Iowan has ever won from playing the lottery was $343 million in 2018 off the Powerball.

Don’t miss out on the winnings. Here’s a look at Sunday, March 1, 2026, winning numbers for each game:

Winning Pick-3 numbers from March 1 drawing

Midday: 6-9-4

Evening: 4-2-5

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Check Pick-3 payouts and previous drawings here.

Winning Pick-4 numbers from March 1 drawing

Midday: 1-7-4-8

Evening: 7-6-9-1

Check Pick-4 payouts and previous drawings here.

Winning Millionaire for Life numbers from March 1 drawing

10-11-12-35-56, Bonus: 04

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Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

When are the Iowa Lottery drawings held?

  • Powerball: 9:59 p.m. CT on Monday, Wednesday, and Saturday.
  • Mega Millions: 10:00 p.m. CT on Tuesday and Friday.
  • Lotto America: 9:15 p.m. CT on Monday, Wednesday, and Saturday.
  • Lucky for Life: 9:38 p.m. CT daily.
  • Pick 3 (Day): 12:20 p.m. CT daily.
  • Pick 3 (Evening): 10:00 p.m. CT daily.
  • Pick 4 (Day): 12:20 p.m. CT daily.
  • Pick 4 (Evening): 10:00 p.m. CT daily.
  • Millionaire for Life: 10:15 p.m. CT daily.

This results page was generated automatically using information from TinBu and a template written and reviewed by an Iowa editor. You can send feedback using this form.



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Nebraska Men’s Basketball’s Week Ahead: Crucial Games at UCLA and Home vs. Iowa

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Nebraska Men’s Basketball’s Week Ahead: Crucial Games at UCLA and Home vs. Iowa


Nebraska men’s basketball faces a critical week that will determine its Big Ten Conference and NCAA Tournament seeding.

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The Huskers play at UCLA on Tuesday night and finish the regular season next Sunday at home vs. Iowa.

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The Huskers are currently tied for second place in the Big Ten with Michigan State. Both teams have four conference losses. They are one game in the loss column ahead of Illinois and Purdue, with five losses. Wisconsin has six losses.

The top four teams earn the coveted triple bye for the Big Ten Tournament. Regular-season champion Michigan has one spot locked up.

Here are the remaining schedules of the contenders for the triple bye, with conference record in parentheses:

Nebraska (14-4)
* Tuesday: at UCLA
* Sunday: vs. Iowa

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Michigan State (13-4)
* Sunday: at Indiana
* Thursday: vs. Rutgers
* Sunday, March 8: at Michigan

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Illinois (13-5)
* Tuesday: vs. Oregon
* Sunday, March 8: at Maryland

Purdue (12-5)
* Sunday: at Ohio State
* Wednesday: at Northwestern
* Saturday: vs. Wisconsin

Wisconsin (12-6)
* Wednesday: vs. Maryland
* Saturday: at Purdue

Maintaining an NCAA seed no worse than 3 should benefit the Huskers, who wouldn’t have to play, theoretically, the No. 1 seed until the Elite Eight game.

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It’s a ton to play for in the final week of a historic regular season for Nebraska. But that’s what March is all about.

Nebraska at UCLA

When: Tuesday, 10 p.m. CT
Where: Pauley Pavilion, Los Angeles
Records: Nebraska, 25-4, 14-4 in Big Ten; UCLA, 19-10, 11-7 in Big Ten
TV: FS1

Rankings updated based on games through Saturday.

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UCLA rankings

* Associated Press Top 25: Not ranked
* NCAA Net Ratings: 40
* USA Today Coaches Poll: Not ranked
* Kenpom.com: 41
* ESPN Power Index: 34
* Top 25 and 1: Not ranked
* Team Rankings.com: 41

In Joe Lunardi’s latest Bracketology projections for ESPN, UCLA is a 9-seed for the 68-team NCAA Tournament. The next Bracketology will be released Tuesday.

Nebraska rankings

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* Associated Press Top 25: 12
* NCAA Net Ratings: 12
* USA Today Coaches Poll: 10
* Kenpom.com: 11
* ESPN Power Index: 15
* Top 25 and 1: 8
* Team Rankings.com: 11

In Joe Lunardi’s latest Bracketology projections for ESPN, Nebraska is a 3-seed for the 68-team NCAA Tournament.

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Nebraska-UCLA analysis

The Bruins are coming off a strange week. They crushed visiting rival USC, 81-62, on Tuesday, then lost at Minnesota, 78-73, on Saturday.

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UCLA is 16-1 at home, its only loss to Indiana, 98-97, in double overtime on Jan. 31.

The game will be a homecoming for Huskers forward Berke Buyuktuncel, who played at UCLA in 2023-24, his freshman season. Buyuktuncel has started 27 games and averages 6.7 points and 5.6 rebounds per game this season for the Huskers and frequently earns praise from coach Fred Hoiberg.

Nebraska thoroughly dispatched USC on Saturday, 82-67, an impressive performance on the road against a Trojans team desperate for a statement win to help — or save — their NCAA hopes.

Pryce Sandfort scored 32 points — one short of his career high — as the Huskers won their 14th conference game, a school record. Nebraska is 7-2 on the road in conference games.

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This should be a great matchup — UCLA a strong team playing at home vs. a Nebraska team playing well and full of confidence. This feels like a one-possession game.

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Nebraska guard Sam Hoiberg goes to the basket as Iowa forward Cooper Koch defends during the first meeting in Iowa City. | Jeffrey Becker-Imagn Images

Iowa at Nebraska

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When: Sunday, March 8, 4 p.m. CT
Where: Pinnacle Bank Arena
Records: Nebraska, 25-4, 14-4 in Big Ten; Iowa, 20-9, 10-8 in Big Ten
TV: Fox

Rankings updated based on games through Saturday.

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Iowa rankings

* Associated Press Top 25: 33
* NCAA Net Ratings: 28
* USA Today Coaches Poll: 30
* Kenpom.com: 24
* ESPN Power Index: 35
* Top 25 and 1: Not ranked
* Team Rankings.com: 31

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In Joe Lunardi’s latest Bracketology projections for ESPN, Iowa is an 8-seed for the 68-team NCAA Tournament.

Nebraska rankings

* Associated Press Top 25: 12
* NCAA Net Ratings: 12
* USA Today Coaches Poll: 10
* Kenpom.com: 11
* ESPN Power Index: 15
* Top 25 and 1: 8
* Team Rankings.com: 11

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In Joe Lunardi’s latest Bracketology projections for ESPN, Nebraska is a 3-seed for the 68-team NCAA Tournament.

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Nebraska forward Braden Frager defends a fast-break layup attempt by Iowa guard Bennett Stirtz in the teams’ first meeting on Feb. 17. | Julia Hansen/Iowa City Press-Citizen / USA TODAY NETWORK via Imagn Images

Nebraska-Iowa analysis

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The Hawkeyes are coming off a puzzling, 71-69 loss at Penn State on Saturday. Iowa led 67-62 with 3:49 to play, and then scored only one more basket. Iowa plays host to Michigan on Thursday.

Nebraska will get a final curtain call at Pinnacle Bank Arena, where the Huskers are 15-2.

Nebraska should have revenge on its mind after losing at Iowa, 57-52, on Feb. 17, in Sandfort’s return to Iowa City, where he played for two seasons.

Whatever Nebraska nerves were a factor at Iowa shouldn’t be in play at Pinnacle Bank Arena. Nebraska shot only 21 percent from distance in Iowa City. Sandfort scored 13 points, his lowest total since Jan. 10, when he scored 12 at Indiana.

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Iowa’s Bennett Stirtz scored 25 points. That won’t happen in this game. Neither will Nebraska’s ice-cold shooting from distance, especially if the game could determine the triple bye for the Huskers.


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Stay up to date on all things Huskers by bookmarking Nebraska Cornhuskers On SI, subscribing to HuskerMax on YouTube, and visiting HuskerMax.com daily.





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