During our most recent Green News Report, we sang the praises of California for a number of recent, noteworthy environmental accomplishments and initiatives.

You'll pardon us if we do so just a bit more here, but only because it affords us an opportunity to bash Texas at the same time.

An editorial by the San Antonio News-Express late last week criticized how lawsuit-happy the state of Texas has become over the past decade. Specifically, under their former Republican AG, now Gov.-elect Greg Abbott, the state filed 31 lawsuits against the federal government from 2004 to 2013, claiming the state had little choice, as they'd become a victim, as some sort of "target" of the feds due to their "success." Or something. (Didn't those guys used to be pretend to be against frivolous abuse of the judicial system?)

Anyway, the paper's editorial board noted how the state has filed lawsuits against the federal government of late on everything from Obamacare to immigration to voting laws, etc. And then they noted this [emphasis added]...

Thanks to a bizarre provision of their state Constitution, the minority ruled today at the Nebraska Supreme Court.

In a split decision by the state Supremes on Friday, the court vacated a lower state court ruling that had found the approval process for a new, revised route for the controversial Keystone XL pipeline to be in violation of the state constitution. Although a 4 to 3 majority of the court's jurists found the law in question to be unconstitutional, a state requirement that constitutionality be determined by a super-majority means that the lower court ruling is struck down. The state legislation allowing the revised route "must stand by default," according to the ruling [PDF].

The new decision clears the way for President Obama to offer final approval or rejection of the pipeline, which is set to ship dirty tar sands oil from Canada across the continental U.S. to the Gulf of Mexico for ultimate export overseas. The future for the pipeline, however, is still unclear.

The Nebraska Supreme Court did not approve the Keystone XL pipeline itself, but rather addressed whether an attempt to revise the pipeline's route to avoid an environmentally-sensitive region in Nebraska was legal under the state's constitution, Climate Progress reports.

Simply put, the Nebraska ruling narrowly focused on the question of process. Four of the seven state Supreme Court justices agreed with the lower court that state legislation allowing TransCanada, the foreign company behind the pipeline, the option to essentially select which state entity would approve its revised route, was unconstitutional.

But Nebraska's state constitution requires questions of constitutionality to be decided by a super-majority of 5 votes. Therefore, even though a 4 to 3 majority of the justices agreed with the lower court ruling that the approval process for the revised route was unconstitutional, the approval is nonetheless allowed to stand on what is, essentially, a legal technicality.

The Nebraska Supreme Court ruling moves the fight back to Washington, DC, where Republicans (and some Democrats) have long pressured President Obama to approve the massive new pipeline, which critics regard as a serious threat to the environment, with impacts on groundwater supplies and global warming...

"Honest statement," "Karl Rove" and "Fox News" are three phrases that usually do not belong in the same sentence (unless it's the one I'm writing now!), but George W. Bush's aide-de-camp actually told the truth on the January 6 edition of Fox's "America's Newsroom."

As The Hill reports [emphasis added]:

Now how about that! Common Core --- a national state standards initiative for k-12 education --- was a GOP concept until a Democrat found merit in the idea, at which point it became radical-left tyranny.

The same, of course, is now true for the Affordable Care Act ("ObamaCare"), a scheme first proposed by the rightwing Heritage Foundation before it was later embraced by Mitt Romney in Massachusetts, before Obama embraced it, so Republicans decided to pretend it was a precursor to full apocalypse.

But I can think of yet another major policy initiative that Republicans used to love until Democrats said they thought it was a good idea, too...

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IN TODAY'S RADIO REPORT: America's first high-speed rail line breaks ground in CA; Environment to lose another champion in the Senate; More tank problems one year after WV toxic chemical spill; Fracking industry causing more quakes in OH and TX; PLUS: The Golden State invests big time in the new green economy... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): George Will again gets it exactly backwards on climate change; Denmark sets world record for wind energy production; Yes, it's cold, and global warming is still real; Serengeti Strategy - how corporate interests target individual scientists; China makes it easier to sue industrial polluters; Australia is burning and climate change is to blame; Did AZ just revolutionize the utility-solar industry?... PLUS: Stop what you’re doing and watch Elizabeth Warren rip apart Keystone XL pipeline... and much, MUCH more! ...

I've been following, as I'm sure you have, Wednesday's horrific terror attack at the French satirical magazine Charlie Hebdo, which resulted in the heartbreaking, pointless and outrageous deaths of 12 journalists, cartoonists and editors at the paper, including two police officers. As you know, the attack is said to have been carried out in retaliation for cartoons published by the paper over the years lampooning the Islamic Prophet Mohammed.

It was a barbaric, gruesome, and unjustifiable act, allegedly carried out by extremist adherents of the Islamic faith against a group of journalists who poked satirical fun at extremists of virtually all religious faiths over the years.

There is no question about the absolute right of the journalists to do what they did, no matter who it may have offended. Moreover, courageous responses by the journalism and cartoonist communities (some great toons in response here and here), along with that of the people of France (see these photos, akin to none that I am aware of in the U.S. after the September 11 terror attacks here) have been both uplifting and inspiring in the wake of the attack.

That said, I am still having trouble understanding at least one thing about all of this...

We were back live today for the first BradCast on KPFK/Pacifica Radio since the holidays.

First up, a few incomplete words on the breaking news of today's horrific terror attacks at the satirical Charlie Hebdo newspaper in Paris.

Then, BRAD BLOG's legal analyst Ernest A. Canning joined us to discuss his own father's detention and torture (including water-boarding) under the Japanese Kempetai at the notorious Shanghai Bridge House during WWII. After the war, his father, James Robert Canning, testified against his captors [PDF] at the Hong Kong War Crimes Trials, where some members of the Japanese Imperial Army received life sentences --- and, some, the death penalty --- for many of the same crimes against humanity carried out by the U.S. in the wake of the 9/11 attacks [PDF], as Ernie wrote about here recently.

Then, we cover what we hope might be the last report of the 2014 election, the (good news on several accounts) solution to the great Maine Ballot Mystery!

Finally, as ever, Desi Doyen joins us for the latest Green News Report to quickly cover all that happened in the green news world while we were off for holiday break at the end of the warmest year for the planet in recorded history...

Download MP3 here or listen online below...

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IN TODAY'S RADIO REPORT: WHILE WE WERE OUT: The planet had its hottest year in recorded history; EPA issued new coal rules; Vermont shut down a nuclear plant; Germany broke more renewable energy records; China announced the closure of 2000 coal mines; Republicans take over; PLUS: The planet loses another champion... All that and MUCH more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): CA breaks ground on nation's first high-speed rail line; National Hockey League goes carbon neutral; Safeway fined $10m for illegal dumping; US takes over Arctic Council leadership; Supertrawlers banned in Australia's waters; TX leads in wind energy; Fuel rods removed from damaged Fukushima reactor; Solar overwhelmingly popular in US; Toyota opens hydrogen car patents... PLUS: The Economist finds climate action much cheaper than they thought... and much, MUCH more! ...

As Florida prepares to become the 36th state in the union to follow the Constitution and allow marriage equality after midnight tonight, Jeb Bush is still trying to figure out how to win the 2016 nomination for President from the base of the Republican Party, while still maintaining viability for a national general election.

When asked over the weekend, after a round of golf, to comment on court rulings that will lead to same-sex marriage becoming legal across the Sunshine State on Tuesday (and already today in Miami-Dade County), Bush muttered to the Miami Herald:

After the comment was met with criticism from advocates of the Constitution as well as Miami-Dade's Republican mayor who said he "believes adults should be free to marry whomever they desire" and that he "respects anyone's right to marry, gay or straight," Jeb attempted a mulligan and offered the following, almost impossibly non-committal, have-it-all-ways official statement...

A former Governor of Virginia is expected to be sentenced to a long stay in prison. The same fate has befallen governors in states across the United States, including in nearby Maryland, Tennessee, and West Virginia. A former governor of Illinois is in prison. Governors have been convicted of corruption in Rhode Island, Louisiana, Oklahoma, North Dakota, Connecticut, and (in a trumped-up partisan scam) in Alabama. The statewide trauma suffered by the people of states that have locked up their governors has been...well, nonexistent and unimaginable.

Locking U.S. presidents up for their crimes is a different story. Former President Richard Nixon's understanding that whatever a president does is legal has not been challenged since he made that comment. The Washington Post --- not exactly a Nixon supporter --- has the same understanding now. The Post recently justified the latest proposal to re-ban torture by explaining that even though torture was already banned, President George W. Bush tortured and therefore had found a legal way around the law. In other words, because he hasn't been prosecuted, what he did was legal.

The New York Times, which urged prosecuting former President George W. Bush for torture six years ago, recently wrote this:

- with Brad Friedman

[An earlier version of this article was originally published by Truthout...]

Both election integrity advocates and dissembling GOP proponents of Photo ID voting restrictions were taken by surprise in late 2013 when 7th Circuit Court Judge Richard A. Posner said, during an interview with HuffPo Live, that the landmark 2008 Supreme Court decision on the matter "would have been decided differently" if the Court had known then "about the abuse of voter identification laws."

That, in and of itself, was a remarkable turn of events. What was ultimately to come was even more so.

Crawford v. Marion County Election Board is the case which Republican proponents of strict Photo ID voting laws now (incorrectly and often disingenuously) cite as giving them carte blanche to enact similar laws in other states, irrespective of the extent to which photo ID laws serve to disenfranchise demographic groups --- minorities, students, the poor, women --- that all tend to vote for Democrats.

Posner is not just any judge. He is a renowned legal scholar and Reagan appointee to the federal bench, who has served on the U.S. 7th Circuit Court of Appeal since 1981. More importantly here, Posner was the author of the 7th Circuit's opinion in Crawford. In that case, Posner rejected an allegation that Indiana's polling place photo ID restriction was unconstitutional. That decision was affirmed at the time by the U.S. Supreme Court.

Posner, who is, as Yale Law Professor Fred Shapiro notes, the most cited jurist of the 20th Century, was not alone in his view in 2013 year that Crawford "would have been decided differently" if the Court knew then what it knows now.

Former Supreme Court Justice John Paul Stevens, the author of the plurality opinion in Crawford --- an opinion that was joined by Chief Justice Roberts and Justice Kennedy --- told the Wall Street Journal following Posner's remarks at the time, that he "always thought that [dissenting Justice] David Souter got the thing correct, but my own problem with the case was that I didn't think the record [before the Court in 2008] supported everything he said in his opinion." Souter would have struck down the Indiana law as unconstitutional because, as he argued at the time, it "threatens to impose nontrivial burdens" upon the right to vote.

Joined by four other 7th Circuit jurists last October, Posner penned an extraordinarily powerful and compelling dissent [PDF] in Wisconsin's photo ID voting case. The previously missing evidence is now in, as the judge meticulously detailed in the opinion. GOP claims that photo ID restrictions are needed to combat "voter fraud", he wrote, are "a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government"...

Posner's carefully crafted dissent does more than establish why the U.S. Supreme Court should ultimately sustain the District Court's finding that Wisconsin's photo ID law is both unconstitutional and a violation of the Voting Rights Act --- a finding later echoed by a federal District Court in Texas as well. Posner's dissent obliterates the factual premise that had served as a pillar upon which his, and subsequently the Supreme Court's, decisions in Crawford were based.

Polling place photo ID laws do not promote voter confidence in the integrity of elections, as Posner and the Crawford Supreme Court plurality had erroneously assumed. The assertion that they do was a "mistake" --- Posner's mistake! --- and he now admits as much, with the support of devastating new data from recent studies to back him up.

His powerful dissent amounts to more than just a response to the Wisconsin GOP's new Photo ID voting law. It is an elegant plea that the U.S. Supreme Court finally right a grievous wrong that he was personally responsible for. Posner presents an astonishing, air-tight case for ruling that all "strict Photo ID laws," which, as he demonstrates, have only been enacted in states sporting GOP-controlled legislatures, must now be struck-down as unconstitutional...

If there is a downside to the recently released executive summary of the U.S. Senate Torture Report [PDF], it can be found in the extraordinary lengths to which it goes to demonstrate a long-established fact: Torture is ineffective as a means for extracting actionable intelligence.

Emboldened by that focus, U.C. Berkeley Law Prof. John Yoo authored a response to the Senate Torture Report by way of a recent, Los Angeles Times op-ed. In 2002, while serving as the Deputy Assistant U.S. Attorney General, Yoo authored a memo that green-lighted CIA torture following the 9/11 attacks. The memo, according to UC-Irvine's renowned constitutional law professor Erwin Chemerinsky, should now serve as the basis for the prosecution of Yoo for war crimes. Shielded by the Obama/Holder Dept. of Justice's refusal to prosecute, Yoo shamelessly argued in his Los Angeles Times editorial that the newly released Senate Torture Report had shifted [emphasis added] "the debate beyond legality to effectiveness."

The issue of torture's "effectiveness" is not and never has been an appropriate subject for "debate." Robert Colville, the U.N. High Commissioner for Human Rights makes that clear in referencing the U.N. Convention against Torture, an international human rights treaty to which the U.S. is a signatory. "Torture is prohibited absolutely, in all circumstances, at any time," he explains in regard to the treaty signed by President Ronald Reagan. "It cannot be practiced in war, in peace, during emergencies, during internal instability, any circumstances whatsoever."

Those legal proscriptions apply not only to those who carry out torture but also, under the principle of "command responsibility," to high level officials who facilitate or fail to prevent torture by their subordinates.

As I revealed in my five-part series on the History of CIA Torture: Unraveling the Web of Deceit back in 2009, for me, torture is exceedingly personal. In late 1942 my father, James R. Canning, was waterboarded at Shanghai's Bridge House, an infamous torture chamber --- something that entailed a frightening, traumatic and "exquisitely painful," six-hour ordeal. He eventually signed a "false confession" stating that he was a British agent, even though he knew it wasn't true and even though he believed at that moment he was signing his own death warrant.

This Partial Trial Transcript [PDF] includes my father's testimony at the 1948 Hong Kong War Crimes Trials. It exposes the hypocrisy in the Obama/Holder DoJ's failure to apply the same ("command responsibility") legal standard to Yoo, former Vice President Dick Cheney --- who now proudly declares "I'd do it again in a minute!" --- and other high-level, Bush administration officials.

In 1948, that "command responsibility" standard was used to convict Lt. General Eiichi Kinoshida, who received a life sentence even though there was no evidence he personally participated in torture.

If we are indeed, as proclaimed by Sen. Diane Feinstein (D-CA) in her Forward to the Senate Torture Report, a "nation of laws," President Obama will heed the calls now being made by the ACLU, Human Rights Watch and even by The New York Times to appoint a special prosecutor who would investigate the crimes the CIA allegedly committed at the behest of Cheney et al --- crimes that appear as heinous and more so than those that were inflicted upon my father and his fellow civilian inmates during World War II...

In case you missed it last year, or wisely realize you can't wait to listen again, there is no better time to call in rest of the family, curl up around the fire and return to yesteryear with our award-wanting Very Special (And Somewhat Subversive) BradCast Holiday Special!, featuring The BradCast Radio Theatre Players...

• COMPLETE SPECIAL:

MP3 Download or listen online below (57 mins)...

• Or, if you prefer to listen to just one segment at a time:

PART 1: Intro & "Buzz Edsel versus the Giant Jupiterians!"
MP3 Download or listen online below (appx. 24 mins)...

PART 2: "Buzz Edsel versus the Sun-Stealers!"
MP3 Download or listen online below (appx. 16 mins)...

PART 3: "Buzz Edsel and the Santa Surprise!"
MP3 Download or listen online below (appx. 16 mins)...

Since we are no longer sponsored by the Ford Motor Company --- as we were in the 1930s & 40s (as you'll hear when you listen to our holiday special) --- it is left to only readers and listeners like you to allow us even have a chance to continue doing all that we do here at The BRAD BLOG...

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IN TODAY'S RADIO REPORT: 2014 on track for hottest year on record; Washington state governor proposes a carbon cap and trade system; Plastic trash pollution in the oceans worse than previously known; PLUS: Innovative solar energy breakthrough out of Australia... All that and more in our last Green News Report of the year!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): EPA issues new rules for toxic coal ash waste; Measuring the true cost of coal; Insane impacts of factory farming; NDAA giveaways include increasing fracking on public lands; US power grid needs $2.1 trillion investment; Texas weakens chemical exposure guidelines; Most U.S. coastal cities to see 'nuisance flooding'; Autism again linked to air pollution exposure in pregnancy... PLUS: What Might Have Been - Al Gore on climate change in 1983... and much, MUCH more! ...

This guy, Tom Scott of Computerphile, is right on the money in every respect, when it comes to electronic voting --- be it via touch-screen computers, paper ballot optical-scan systems or, God forbid, Internet Voting. If I was British, and younger, and better looking, and smarter, this would be me...

After almost 11 years at this, it's great to see that at least a few folks are finally getting it. While many understand some of the problems of e-voting, too many still think those probs can be solved with "paper trails" or "open source systems" or Vote-by-Mail or, somehow, even Internet Voting (via phone, tablet or elsewhere). Scott clearly understands, and smartly explains in the short video above, why the problems of electronic voting and tabulating cannot be solved by any of those methods, no matter how much many otherwise well-intentioned folks may wish they could be.

Scott starts off by citing the extraordinary failure of Gov. Chris Christie's emergency Internet Voting scheme, hurriedly (and disastrously) implemented in 2012 in the wake of Hurricane Sandy.

Beyond that, he goes on to make a number of spot-on points, though all of them are predicated on one key notion that, while it may still be true in Great Britain, is becoming more and more of a distant memory in the U.S. every day: An election where everyone in the public is allowed to observe the removal of hand-marked paper ballots from the ballot box, and watch them being counted right then and there, is the most secure and "trustworthy" election possible --- at least based on hundreds of years of vote counting in democracies...

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IN TODAY'S RADIO REPORT: Nothin' but good news for a change! New York issues first permanent ban on fracking; Obama permanently protects Alaska's Bristol Bay; PLUS: More accountability, more indictments in West Virginia toxic chemical spill... All that and more surprisingly good news in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Drone video footage reveals massive toxic lagoons of pig feces; Warming oceans killing off Maine's cod; Big Coal evicts villagers in Columbia; Ohio coal companies ask government for bailout; Why oil prices keep falling; What is the 'atmospheric river' hitting California?... PLUS: The most brazen political lie of 2014: "Climate change is a hoax"... and much, MUCH more! ...