DES MOINES, Iowa (AP) — Iowa cannot, for now, continue to enforce part of its book ban law, a federal judge said Tuesday, giving major publishers that sued the state the second temporary reprieve they requested.
The new decision from U.S. District Judge Stephen Locher again temporarily blocked the part of the law that prohibits school libraries and classrooms from carrying books that depict sex acts.
The law was first approved by Iowa’s Republican-led Legislature and GOP Gov. Kim Reynolds in 2023, but key parts, including the book ban, were temporarily blocked by Locher before they became enforceable. That decision was overturned in August by the U.S. Eighth Circuit Court of Appeals, meaning the law has been enforceable in the current school year.
The appellate court told the lower court that it failed to apply the correct analysis in determining whether to temporarily block the law. In his decision Tuesday, Locher stated that the unconstitutional applications of the book restrictions “far exceed” the constitutional applications “under both legal standards the Court believes are applicable.”
Expecting an appeal, Locher also included an alternative standard through which the restrictions could be considered constitutional. However, he added he does not believe it should be applied in this case.
In a statement Tuesday night, Iowa Attorney General Brenna Bird said parents should not have to worry about the books their kids can access in schools.
“This common sense law makes certain that the books kids have access to in school classrooms and libraries are age-appropriate,” Bird said. “I’m going to keep on fighting to uphold our law that protects schoolchildren and parental rights.”
The lawsuit was brought by the Iowa State Education Association, major publishing houses and bestselling authors, including John Green and Jodi Picoult. They argued that the law was overly broad and age indifferent, reaching “far beyond obscenity to prohibit any book with any description of a sex act for any age,” the complaint stated.
The state’s defense has maintained that the law clearly outlines explicit descriptions of sex acts. And arguing before Locher in February, the attorney representing Iowa said the state, in its mission of educating children, has legitimate reason to ensure public school materials are appropriate.
The publishers and authors countered that while advancing the school mission is one purpose of school libraries, it’s not the sole purpose and school libraries are places of voluntary learning.
In his decision, Locher said the law “does not regulate student speech or constitute ‘government speech’ but instead tries to impose statewide restrictions on what has traditionally been the prerogative of local officials regarding the contents of school libraries.”
In addition to the book ban, the law forbids educators from raising gender identity and sexual orientation issues with students through grade six, and school administrators are required to notify parents if students ask to change their pronouns or names.
Iowa’s measure was enacted amid a wave of similar legislation around the country, driven by Republican lawmakers, to prohibit discussion of gender and sexual orientation issues and restrict the use of restrooms in schools. Many of those laws prompted court challenges.
In Iowa, a second lawsuit, filed by LGBTQ+ advocacy organization Iowa Safe Schools and several youth, additionally contests the provisions of the law prohibiting K-6 instruction related to sexual orientation and gender identity. A separate decision from Locher is expected to follow.
JUNEAU, Alaska (AP) — A federal judge in Alaska on Tuesday ruled the Biden administration lacked the authority to cancel seven oil and gas leases that had been issued for the Arctic National Wildlife Refuge.
U.S. District Court Judge Sharon Gleason said terms of a 2017 tax law that set the stage for the first-ever lease sale in the refuge’s coastal plain in early 2021 suggested that leases could only be canceled by a court order. She sent the matter back to the Department of Interior for further action.
President Donald Trump upon his return to office in January signed an Alaska-specific executive order that among other things had sought to rescind the lease cancelation.
The tax law called for two lease sale offerings by late 2024 in the refuge’s coastal plain, a roughly 1.5 million acre (more than 6 million hectare) swath of the vast refuge that borders the Beaufort Sea and is home to such wildlife as polar bears, caribou and birds. The Alaska Industrial Development and Export Authority, a state corporation, was the major bidder in the first sale, which was held in the waning days of the first Trump administration.
Small companies won two other leases but gave them up.
Gleason in 2021 had rejected calls by drilling opponents to halt that first lease sale until underlying lawsuits were resolved.
The second sale, held shortly before Biden left office, drew no bids. It was criticized by Alaska political leaders as too restrictive to attract interest, but environmental groups pointed to a lack of interest from oil companies as a reason to put the long-running debate over whether to allow drilling to rest.
Tuesday’s decision, in a case brought by the Alaska Industrial Development and Export Authority against the Interior Department and federal officials, is the latest twist in the decades-long fight.
Gwich’in leaders have opposed drilling on the coastal plain, which they consider sacred, citing its importance to caribou they rely upon. Leaders of the Iñupiaq community of Kaktovik, which is within the refuge, have expressed support for drilling, as have Republican Gov. Mike Dunleavy and the state’s congressional delegation.
Dunleavy in a statement lauded the decision: “Now the leasing program can move forward and could result in more safe, secure energy production right here in Alaska.”
Gwich’in leaders and environmental groups vowed to keep fighting.
“While we are deeply disappointed by today’s ruling, we want to be clear that this decision does not diminish our determination to protect these sacred lands,” Raeann Garnett, First Chief of the Native Village of Venetie Tribal Government, said in a statement.
