Iowa
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.
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.
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.
“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.
Iowa
Chicago Cubs’ Matt Shaw expected to begin rehab assignment with Iowa
See inside Principal Park, home of the Iowa Cubs
See inside the batting cages, locker rooms and other spaces inside Principal Park, home of the Iowa Cubs baseball team.
When the Iowa Cubs return to Principal Park in Des Moines on June 2, the Triple-A team will likely be bringing back a familiar face.
Chicago Cubs manager Craig Counsel told reporters in St. Louis, Mo., on May 29 that super utilityman Matt Shaw would likely join Iowa when the team opens a six-game series against Toledo that Tuesday.
“Matts doing super well,” Counsell said during a pregame meeting with scribes. “The plan kind of remains intact that we think he’s going to be able to start a rehab assignment on Tuesday in Iowa. So, assuming everything progresses like it progresses, he’s going to have basically a full weekend of kind of normal pregame stuff. He should be good to go on Tuesday in Iowa.”
Shaw was placed on the injured list back on May 22 with mild back tightness, retroactive to May 20. He was replaced on the big-league roster by prized Cubs prospect Pedro Ramrirez, who tore apart opposing pitching during his first stint in Triple-A in 2026.
Shaw, 24, was hitting .242 (23-for-95) with six doubles, three home runs, three stolen bases and a .291 on base percentage to go along with a .400 slugging percentage in 42 games with Chicago this season. He’s bounced around the field this season and provided an important option off the bench for the Cubs.
Shaw remains one of the organization’s top young players. The Cubs selected in the first round of the 2023 draft. Shaw rapidly rose through the minor leagues and made his big-league debut with Chicago in 2025. After some early-season struggles, Shaw was briefly demoted to Iowa in 2024 before eventually making a return to the big leagues.
While the hitting wasn’t great, the defense was exceptional. Shaw found a home at third base and played so well he became a Gold Glove finalist in 2025.
Iowa starts the series on Tuesday at 6:38 p.m.
Tommy Birch, the Register’s sports enterprise and features reporter, has been working at the newspaper since 2008. He’s the 2018, 2020, 2023 and 2025 Iowa Sportswriter of the Year. Reach him at tbirch@dmreg.com or 515-284-8468.
Iowa
Iowa Supreme court affirms eviction order for Short’s Burger & Shine
Following a years-long legal saga, the Iowa Supreme Court recently upheld a decision to evict Short’s Burger and Shine from its South Clinton Street building.
The May 22 decision, delivered by Chief Justice Susan Christensen, agreed with the Johnson County District Court’s decision to evict the downtown burger restaurant after finding that it did not notify the building’s owner — a trust operated by Midwest One Bank — of its intent to extend the lease.
The decision concludes one part of the Short’s legal saga. The now-closed restaurant is also in litigation for a discrimination and retaliation lawsuit Short’s owner, Kevin Perez filed in 2024 against Midwest One Bank, the trust of late building owner Haywood Belle, Belle’s widow, a bank employee, and the City of Iowa City
Iowa City’s Short’s Burgers and Shine closed in 2024
Short’s closed in early 2024 after the court determined Perez hadn’t renewed the business’s lease on time.
Short’s opened at 18 S. Clinton Street in 2008 with the goal of honoring the legacy and story of former building owner H.D. Short, who shined shoes for 50 years, beginning in 1920. The original ownership group included Perez, Dan Ouverson, and former Hawkeye and NFL player Nate Kaeding, who now runs the Gold Cap Hospitality ownership group.
Eviction proceedings started when Short’s temporarily closed in April 2022 “to fix poor building conditions” without notifying Midwest One Bank, the executor of Belle’s trust.
The closure breached a part of the lease agreement that said the restaurant would default on its lease if it “failed to engage” in normal business for more than 15 consecutive business days, the court found. The renovations also violated a provision that forbade structural changes or improvements without prior written approval.
Midwest One Bank sent notice on May 10, 2022, that Short’s would default on its lease if it did not reopen for regular business and cease renovations within 10 days, according to court documents. Shorts responded, claiming it could not reopen for business until renovations were complete because the gas could not be turned back on until repairs were finished.
Midwest One Bank “terminated” the lease and started eviction proceedings in May 2022. Shorts was allowed to continue operating and occupying the building while the case was litigated.
Midwest One Bank filed two eviction claims and delivered notice that Short’s needed to vacate the building by the end of the lease on April 30. Short’s did not vacate, and Midwest One Bank pursued a third eviction claim, accusing the owners of failing to provide notice of renewal.
Short’s argued that because they continued renovations, disputed eviction, and secured insurance, it was evidence of their intent to renew.
The restaurant owners also argued that pending eviction proceedings prevented them from renewal. The court argued that Short’s simply did not declare intent to renew for “whatever reason.”
“Mere forgetfulness does not entitle a party to equitable relief,” the decision reads.
Liam Halawith covers Johnson County local government and public safety for the Press-Citizen. Reach him by email at lhalawith@registermedia.com. Follow him on X at @liam_halawith.
Iowa
Fired Iowa nurse aide wins jobless benefits after numerous resident-care complaints
WEST DES MOINES, Iowa (IOWA CAPITAL DISPATCH) – An Iowa nursing home worker fired after being accused of repeatedly neglecting residents’ needs is entitled to unemployment benefits, a judge has ruled.
State records indicate certified nurse aide Abigail Kromah worked for Pine Acres Rehabilitation and Care Center in West Des Moines from May 2024 through December 2025, when she was fired. She subsequently applied for unemployment benefits, which led to a recent hearing before an administrative law judge.
The hearing records indicate Kromah testified that when she was fired on Dec. 19, 2025, the employer informed her that the discharge was due to “numerous resident complaints” regarding the care she had been providing.
According to the judge’s findings in the case, Kromah had received multiple disciplinary warnings related to resident care. In August 2024, she allegedly received verbal and written warnings for failing to answer residents’ call-lights in a timely manner, failing to properly assist residents with their personal care, and for complaining about the residents in common areas of the workplace.
Her employer testified Kromah was also given warnings for refusing work instructions from the nursing staff, and for telling a resident who needed to be toileted to go the bathroom in their briefs.
In August 2025, it was alleged that Kromah failed to check on a resident throughout the entire night. During that shift, a nurse had neglected to unclamp a feeding tube, which caused the tube to leak. When another nurse checked on the resident at 5 a.m., the resident was “drenched in feeding solution from head to toe,” according to the judge’s findings.
‘I can’t live this way… She’s horrible.’
Days later, the home alleged, a resident of the facility entered the hallway in his wheelchair at about 6 a.m., loudly complaining, “I can’t do this anymore,” and, “I can’t live this way.” The man allegedly refused to go back to his room, explaining that Kromah was there and “she’s horrible.”
The man reportedly stated had had switched on his call-light to have his urinal emptied, but Kromah never came to assist him, which meant the urinal overflowed and spilled on him. When Kromah eventually came to the room, the man allegedly said, she changed him into dry clothing but did not clean him.
The home alleged Kromah was given additional warnings in October 2025 for reportedly failing to answer residents’ call lights and failing to complete her rounds every two hours. One resident of the home had allegedly became so frustrated by the lack of response to his call-light that he contacted the police on one occasion, according to the judge’s findings.
State inspection reports indicate Pine Acres Rehabilitation and Care Center was cited for insufficient staff in January 2026, with one resident complaining the issue with call-lights had been a longstanding problem. According to the inspectors, the man said that on one occasion, he couldn’t get help to clear his airway and was afraid he was going to die unless he managed to clear it himself, which he did.
In ruling that Kromah was entitled to jobless benefits, Administrative Law Judge Michael Lunn noted that while she had clearly been warned about deficiencies in resident care, she appeared to have been fired for a separate issue — attendance — for which she had received no such warnings.
A discharge for misconduct cannot be based on past acts such as the resident-care issues, Lunn ruled, but must instead be based on a current act. With no current act of disqualifying misconduct, Lunn stated, Kromah was entitled to collect unemployment benefits.
Iowa Capital Dispatch was unable to locate Kromah to seek comment for this article.
Copyright 2026 IOWA CAPITAL DISPATCH. All rights reserved.
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