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Latest Featured Reports | Wednesday, February 1, 2023
'Clocks Striking Thirteen': Court Cites Orwell in Response to FL Republicans' 'Stop W.O.K.E. Act'
But DeSantis' totalitarian new law has even darker echoes, Ernest Canning explains...
Are You Okay, Chuck Todd?: 'BradCast' 1/31/23
Jordan's FBI lies called out on 'Meet the Press'; Also: Barr's weaponization of the DoJ; 'Red' state murder rates far exceed 'blue' states; More white people voter fraud in FL; Sore-loser Lake violates AZ election law...
'Green News Report' 1/31/23
  w/ Brad & Desi
Torrential flooding in NZ; New wind and solar projects now cheaper than existing coal plants; 1000s of abandoned wells in PA; PLUS: Admin blocks MN wildnerness mining for 20 years...
Recent GNRs: 1/26/23 - 1/24/23 - Archives...
Trump's 1/6 Attny Eastman Faces CA Disbarment Charges: 'BradCast' 1/30/23
Guest: Former UT Asst. A.G. Michael Teter of The 65 Project; Also: NY D.A. seeking criminal charges against Trump...
Sunday 'Bullet Points' Toons
PDiddie takes aim at the problem in this week's collection of targeted toons...
NJ 2022 Computer Mistally Means Loser Actually Won: 'BradCast' 1/26/2023
Also: 'Doomsday Clock' ticked forward; Opposing war and supporting Ukraine; And, 'Russia, please!'...
'Green News Report' 1/26/23
  w/ Brad & Desi
Spate of new studies find climate impacts escalating; Logging banned (again) in Alaskan rainforest; PLUS: 'Doomsday Clock' moved closer than ever to 'midnight'...
Recent GNRs: 1/24/23 - 1/19/23 - Archives...
Republican Dark Money Group's Multi-Million Dollar 'Grassroots' Vote Suppression Scheme: 'BradCast' 1/25/23
Guest: Brendan Fischer of Documented; Also: My ridiculous, couldn't-be-true Santos theory...
'Decisions are Imminent' in Trump Probe, Says Willis in GA: 'BradCast' 1/24/23
Also: Mass shooting spate; Pence found classified docs at home, returned them; Media still failing on Trump document theft story...
'Green News Report' 1/24/23
CA storm damage tops $1B; Offshore wind doesn't kill whales; Disasters displaced 3.3M in U.S. last year; PLUS: Hand-feeding manatees in FL appears to be saving them...
Callers Ring in on Everything. (Everywhere. All at Once.): 'BradCast' 1/23/23
From the debit limit to Biden/Trump docs to mass shootings to Ukraine and much more...
Million Dollar Sanction Underscores Trump's Seemingly Never-Ending Litigation Grift
Ernest A. Canning on why nothing less than a criminal prosecution will end it. (Maybe.)
Sunday 'Selective Focus' Toons
Keeping priorities straight in PDiddie's latest collection of the week's best toons...
GOP Targets Ballot Initiatives After 2022 Progressive Wins: 'BradCast' 1/20/23
Guest: Chris Melody Fields Figueredo of Ballot Initiative Strategy Center; Also: Judge orders Trump to pay Hillary, others nearly $1M...
OH's Completely Moderate, Not-Corrupt-At-All Republican Governor: 'BradCast' 1/19/23
Dark money fossil fuel bribery and disen-franchising military voters in the Buckeye State; Also: GOP's dangerous limit debt game...
'Green News Report' 1/19/23
EU's plan to compete with U.S. on renewables; Banks spend billions on fossil fuel despite pledges; PLUS: Dark money led OH to redefine NatGas as 'green energy'...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...

But DeSantis' totalitarian new law has even darker echoes...
By Ernest A. Canning on 2/1/2023 9:56am PT  

Late last year, by of way a blistering 139-page order [PDF], Chief U.S. District Court Judge Mark E. Walker agreed that a provision of Florida's totalitarian "Stop W.O.K.E. Act" pertaining to university professors and students should be blocked.

The acronym in the title of the bill --- also referred to, without apparent irony, as the Individual Freedom Act (IFA) --- stands for "Wrong to our Kids and Employees". But, turning to Judge Walker's decision in Pernell v. Fl. Bd. of Governors, it may be useful to understand the intended usage of the word "woke" in Act's title. As defined by Merriam-Webster, it means to be "aware of and actively attentive to important societal facts and issues (especially issues of racial and social justice)."

In pressing for passage and in signing this Act, Florida Governor Ron DeSantis, a current front-runner for the 2024 GOP Presidential nomination, vowed "to fight the woke" in our schools, businesses and government agencies. He and other Republican thought police have perniciously conflated the mere mention of historical truths about societal facts and issues relating to race or social justice with "indoctrination".

Last year, Judge Walker's order in response to the Stop W.O.K.E., aka Individual Freedom Act (IFA), hauntingly cited George Orwell's 1984...

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Nothing less than a criminal prosecution will end it. (Maybe.)
By Ernest A. Canning on 1/23/2023 10:47am PT  

"Everything Donald does is transactional," Mary Trump, a licensed psychologist and niece of the disgraced former President has explained.

A scathing federal court decision late last week, awarding nearly one million dollars in sanctions against Don the Con and his attorney in response to just one of his many recent frivolous lawsuits against perceived political enemies, underscores Mary's point. It also details how, since leaving office, 2020's biggest loser has engaged in and continues to engage in a litigation grift.

The withering 46-page order [PDF] handed down last Thursday by U.S. District Court Judge Donald M. Middlebrooks in Donald J. Trump v. Hillary Clinton, et al. does more than explain why the veteran federal jurist awarded an eye-popping $937,989 in attorney's fee sanctions against the former President and his New Jersey lawyer, Alina Habba. The erudite legal ruling also contained an in-depth discussion of more than a half-dozen other deceptive and frivolous lawsuits that this "predator" and "successful sociopath" filed against those he has long hoped to paint as enemies since leaving office.

In an attempt at reversing his more than 7 million vote loss at the polls, Trump and his allies filed and lost 61 out of 62 post-election lawsuits. The cases were so devoid of merit, so replete with deceptive allegations, that many of the former President's attorneys were later confronted with ethics complaints and sanctions ranging from fines, to censure and even disbarment.

In the aftermath of that debacle, a normal, non-sociopathic person would have slunk off towards oblivion, tail between his/her legs. Not The Donald.

From a "transactional" perspective, those 61 "losing" cases were a smashing success. They provided the failed President an opportunity to rake-in $250 million from his gullible "base".

But, along with imposing nearly $1 million in attorney's fees sanctions --- including almost $172,000 that Trump will now have to pay out to perhaps his greatest perceived personal nemesis, Hillary Clinton --- Judge Middlebrooks expressed the need to remediate the harm caused to the 31 named Defendants, whom he regarded as the victims of an "abusive" and "completely frivolous" complaint. His Honor eviscerated Trump's lawsuit as one "that should never have been filed"; a lawsuit that was drafted only "to advance a political narrative; not to address legal harm caused by any Defendant." The veteran and very able jurist also expressed a hope that the eye-popping amount of court sanctions might act as a deterrent.

Nonetheless, as long as Trump's litigation fundraising continues to rake-in enormous sums, it's unlikely that anything short of criminal prosecution for some of his many alleged crimes will ultimately accomplish that worthy goal. Maybe...

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House J6 Committee's report details how the then-President's anti-Pence tweet was directed at, and likely to produce, 'imminent lawless action'...
By Ernest A. Canning on 12/28/2022 9:05am PT  

The violence was no accident. It was not a peaceful protest that spun out of control. Instead, as Rep. Elizabeth Cheney (R-WY) observed, in explaining her Jan. 11, 2021 vote to impeach, a then "President of the United States summoned the mob, assembled the mob, and lit the flame for this attack." It was, by the former President's deliberate design, a violent insurrection.

In its Executive Summary [PDF] released last week, the bipartisan House Select Committee to Investigate the January 6th Attack on the United States Capitol amplified its referral to the U.S. Department of Justice for potential prosecution of former President Donald J. Trump et al. under provisions of 18 U.S.C. §2383 - Rebellion or Insurrection, which expressly applies to anyone who "incites" an insurrection.

"A Federal Court", the Committee observed, "has already concluded that President Trump's statements during his Ellipse speech were "plausibly words of incitement not protected by the First Amendment."

Those "words", uttered by the then President on January 6, 2021 at what was billed as a "Stop the Steal Rally" at the Ellipse near the White House, included 22 occasions in which Trump urged his supporters to "fight". He told them: "We fight like hell. And if you don't fight like hell, you're not going to have a country anymore." Trump offered those words to an angry, armed mob gathered in D.C. that morning after his lawyer, Rudy Giuliani, at the same rally, called for "trial by combat."

While not mentioned in the Committee report's Executive Summary, the video recordings of the rally reflect that, as the former President was speaking, the crowd chanted: "Fight for Trump! Fight for Trump!"

Trump knew those he'd summoned to Washington D.C. on Jan. 6 were both armed and dangerous. According to Cassidy Hutchinson, an aide to then Chief of Staff Mark Meadows and one of the J6 Committee's star witnesses, Trump became irate when "thousands would not pass through the magnetometers" at the rally site, which had been erected by the Secret Service for his protection. She testified that the former President said: "I don't F'ing care that they have weapons. They're not here to hurt me."

Given the totality of the evidence assembled by the Committee over the past 18 months, detailing Trump's multifaceted effort to overturn and steal the election from the American people in order to retain the Presidency, a prosecutor would be well positioned to argue that, when Trump directed thousands of angry and armed supporters to move to the Capitol, he was extolling them to essentially carry out a violent coup and that the words uttered at the Ellipse were, indeed, "incitement" within the meaning of the Insurrection statute.

Indeed, his reported irate antics in response to his Secret Service detail's refusal to permit him to accompany the mob at the Capitol, suggests that the former President saw his own role as that of an insurrectionist Commander in Chief --- someone who could direct the actions of an armed mob that included members of extremist militias clad in tactical gear.

As defined by the U.S. Supreme Court in Brandenburg v. Ohio (1969), however, speech is prohibited only where it is (1) "directed at inciting or producing imminent lawless action", and (2) "likely to incite or produce such action." [Emphasis added.]

That definition provides room for Trump's legal counsel to argue the former President merely told the crowd to "go to the Capitol"; that it wasn't an incitement to "imminent" violence.

However, that plausible defense evaporated on Jan. 6, 2021 at 2:24 p.m. when Trump tweeted...

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A long time Bernie Sanders supporter on why we must vote 'blue' in '22...
UPDATE: Independent progressive Ralph Nader joins call to vote 'blue' in '22...
By Ernest A. Canning on 10/24/2022 10:05am PT  

I was a long time Bernie Sanders supporter. I still am. As an attorney and Vietnam veteran I even served as a Senior Adviser to Vets for Bernie during his 2016 campaign. I also supported Sen. Sanders during the 2020 primaries. That was then. This is 2022.

President Biden was not engaging in hyperbole when he recently warned the nation that "democracy will be on the ballot" this November.

I recently underscored his message with my coverage of the amicus brief to SCOTUS from all 50 State Supreme Court Chief Justices warning in no uncertain terms against the dangers of the "fringe", so-called "Independent State Legislature" (ISL) theory, soon to be decided by the High Court. The case, Moore v. Harper, was brought to the Court via North Carolina Republicans seeking to override their own state Supreme Court regarding partisan gerrymandering. The theory they are using to do so echoes the radical interpretation of the U.S. Constitution's Elections Clause as advanced by disgraced former law professor, John Eastman, during his attempt to help Donald Trump steal the 2020 Presidential election.

Irrespective of whether it comes by way of a violent insurrection or via judicial fiat handed down from the U.S. Supreme Court's "radicals in robes", American democracy may soon be all but lost absent a massive turnout for the midterms by everyone who desires to save it.

If a SCOTUS majority embraces the ISL theory, it could lead to a circumstance where MAGA Republican State legislatures can not only rig all future U.S. House elections via partisan gerrymandering, voter suppression and intimidation but also present what the Brennan Center described as a "nightmare scenario" in which a partisan, gerrymandered State legislature "would invoke [the ISL] as a pretext to refuse to certify the results of a presidential election and instead select its own slate of electors." In other words, under the ISL theory a partisan gerrymandered State Legislature, and not the People, would hold the ultimate power to "elect" all future Presidents. Neither gubernatorial vetoes, nor state voters nor state Constitutions nor state Supreme Courts would be able to overrule them.

Where MAGA Republicans proponents of the ISL theory offer an absurd bastardization of the Constitution's Elections Clause as a ticket to undermine democracy, most legal scholars regard the same Clause as providing a means by which democracy can be saved...

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Rare brief submitted to SCOTUS by top state judges underscores how American democracy is, itself, on the ballot this November...
UPDATE 10/14/22: 2nd GOP petition seeks to overturn OH Supreme Court redistricting ruling based in 'Independent State Legislature' Theory...
By Ernest A. Canning on 10/12/2022 11:05am PT  

A no-uncertain-terms brief [PDF] submitted to the U.S. Supreme Court by all 50 state Supreme Court Chief Justices eviscerated the so-called "Independent State Legislature" (ISL) theory being pushed by far-right legal activists.

Their rare decision to file an amicus curiae (friend of the court) SCOTUS brief reflects the unanimous recognition by all of the nation's State Chief Justices that the fringe ISL "legal" theory is so dangerous that, if it were to be embraced by a majority on our nation's highest federal court, it could hasten an end to our Constitutional democracy. And that is not hyperbole.

Earlier this year, the U.S. Supreme Court, now dominated by six unelected "radicals in robes", granted review in Moore v. Harper, a case brought to SCOTUS by North Carolina's Republican-controlled State Legislature after their partisan gerrymandered Congressional redistricting plan was struck down by their state's Supreme Court on the grounds that it violated NC's Constitution.

Ironically, Tar Heel State Republicans owe their own control of the General Assembly to partisan gerrymandering. When Democratic Governor Roy Cooper was reelected in 2020, he defeated his Republican opponent 51.5% to 47% statewide, yet GOPers were able to retain control of 56% of NC Senate seats and 57.5% of the House thanks to extremely partisan state district maps.

In Moore the NC Republican petitioners to SCOTUS rely upon the same ISL theory advanced by disgraced former Chapman Univ. Law Professor John Eastman as part of Team Trump's effort to steal the 2020 Presidential election.

Their argument is that, absent a federal law to the contrary, a State legislature has a plenary right to engage in what NYU's Brennan Center for Justice describes as "deeply undemocratic" partisan gerrymandering of Congressional Districts. They contend that, when it comes to laws regarding federal elections, state legislatures may not be constrained by a state's constitution as interpreted by its state courts.

In their brief, the 50 State Chief Justices argue that the ISL, as advanced by NC Republicans, does violence to the meaning of the word "Legislature" as envisioned by the framers and as it appears in the U.S. Constitution's Elections Clause (Article 1, Section 4), which provides that the "Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations."

Embrace of the ISL theory by a SCOTUS majority in Moore could similarly result in approval of Eastman's radical theory that state legislatures enjoy a Constitutional right to override the will of state voters to choose electors in the next Presidential election. It all underscores President Joe Biden's recent assessment that, come November, "democracy will be on the ballot"...

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Dismantling pharmaceutical monopolies begins with repealing his 1987 Executive Order giveaway...
By Ernest A. Canning on 9/14/2022 11:05am PT  

We should be both relieved and outraged!

Relieved that, earlier this month, the Center for Disease Control (CDC) and Food & Drug Administration (FDA) approved a new round of booster shots specifically re-designed to address new variants of the deadly COVID virus.

Outraged because, despite the expenditure of tens of billions of U.S. taxpayer dollars on research and development (R&D), the pharmaceutical industry's refusal to waive its "gifted" patent rights prevented a global rollout of the COVID vaccines. In turn, that refusal resulted in the need for the new booster shots.

Outraged because the industry's refusal to waive their patent rights has produced "excess mortality" with COVID that, as of the beginning of this month, has killed at least 6.5 million people worldwide, with no end in sight.

Outraged because this will, in all likelihood, not be the last newly reconstituted booster shot needed. It is the considered opinion of two thirds of the world's epidemiologists that the failure to provide global vaccinations will give rise to mutations that "could render current COVID vaccines ineffective."

And, yes, the patent rights were, indeed, a gift --- from the United States to the Pharmaceutical Industry...

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Newsom makes good on vow to manufacture generic drugs, highlighting Big Pharma's long manipulation of Intellectual Property laws for profit...
By Ernest A. Canning on 8/29/2022 11:05am PT  

The state of California is embarking on a ground-breaking effort to manufacture and distribute a life-saving drug. The plan also deals a first major blow to private pharmaceutical companies that have long abused the nation's legal system for profit at the expense of the health of the citizenry.

"On my first day in office I signed an Executive Order to put California on a path towards creating our own prescription drugs," Democratic Governor Gavin Newsom declared in a July 7 video posted to Twitter, referencing his inauguration promise in January of 2019. "And now it's happening".

Newsom's statement came in the wake of his approval of a Golden State Budget Proposal that will invest $50 million into development and $50 million more into a State-owned facility that will manufacture and distribute generic (aka biosimilar) insulin to Californians at slightly above cost.

If it succeeds, California, which has the world's 5th largest economy, will not only become the first State, but also the only government, other than Cuba, to embrace the socialized production of generic medications. (Although Cuba develops and manufactures its own generic medications and provides free "preventative medical care, diagnostic tests and medications for hospitalized patients", Pharmacy Times reported, "Cubans pay out-of-pocket for outpatient medications.")

California's progressive Democratic Governor pointed to the extraordinarily high cost of insulin as a form of "market failure" that justifies his embrace of socialized medications. His decision to allow the Golden State to produce its own generic insulin also highlights the immoral manipulation of the nation's patent laws by for-profit drug companies...

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Ruling is good news for democracy and, perhaps, state Democrats...
By Ernest A. Canning on 8/8/2022 10:05am PT  

Last Tuesday, Pennsylvania's state Supreme Court, once again, rejected a Republican challenge to the state constitutionality of an absentee ballot voting provision adopted by Republicans themselves.

The decision, affirming the expansion of the methods by which state voters may cast a vote --- in a state where absentee voting had long been highly restricted --- represents a win for democracy and, potentially, for the prospects of Democratic Party candidates in upcoming statewide contests.

It wasn't the first such challenge to the Keystone State's bipartisan legislation extending the right to cast an absentee ballot to all lawfully registered voters.The provision was part of a landmark 2019 election reform law, Act 77, adopted by the GOP-majority state legislature and signed by PA's two-term Democratic Governor, Tom Wolf.

In McLinko v. Commonwealth of Pennsylvania this past week, a majority of the state's high court, yet again, rejected a Republican challenge to the law.

On Nov. 21, 2020, Republicans presented the same argument when they petitioned to stop the counting of votes cast during the 2020 Presidential Election. At the time, the PA Supremes didn't rule on the constitutionality of Act 77. Instead, the Court denied the Republican challenge under the doctrine of laches, in which a Party who fails to seek relief in a timely manner will be barred from seeking it.

Republicans, who could have challenged the constitutionality of mail-in voting before the state's June 2, 2020 Primary, chose instead to wait until after Joseph R. Biden was declared the state's projected winner in the general election that November before they moved to contest Act 77's constitutionality.

This time around, the Court considered and rejected the GOP's constitutional challenge on the merits...

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Anti-choicers embracing 21st century 'Fugitive Slave Act' mentality
UPDATE 7/26/22: Oklahoma threatens librarians with job loss/fines/jail if they say 'abortion'...
By Ernest A. Canning on 7/25/2022 10:05am PT  

"Abortion is an essential component of women's health care" -- American College of Obstetrics and Gynecology

"When women are compelled to carry and bear children, they are subjected to 'involuntary servitude' in violation of the [13th] amendment" -- Andrew Koppelman, Northwestern Univ. Law Review (2010)

The moment the U.S. Supreme Court handed down its opinion in Dobbs --- the case in which five of the Court's six right-wing Radicals in Robes voted to completely overturn Roe v. Wade (1973) --- it resurrected a cruel and grotesque division between States that had not existed since the end of the American Civil War.

In 1860, prior to passage of the 13th, 14th and 15th Amendments, the very existence of a "United States" was under a grave threat due to an unsustainable, race-based divide between Slave States and Free States.

Today, courtesy of Dobbs, our nation finds itself mired in an unsustainable, gender-based divide between Free States, where a woman's reproductive liberties are preserved, and Slave States, where reproductive liberties no longer exist. (Andrew Koppelman's 2010 paper argued that "forced pregnancy" doesn't just deprive women of their "individual liberty". It also denies Equal Protection under law guaranteed by the 14th Amendment because that "deprivation is selectively imposed on women.")

The immediate impact of Dobbs was felt in Ohio, where the only option available to the parents of a 10-year old rape victim was to flee to neighboring Indiana so that their child would not be forced to carry the rapist's baby to term. But even the liberty that 10-year old's parents took advantage of is now threatened by a gender-based, Fugitive Slave Act mentality...

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Turning classrooms into the O.K. Corral makes no one safer...
By Ernest A. Canning on 7/15/2022 10:35am PT  

"We must face the truth," Andrew Hairston, Director of the Education Justice Project told the Advancement Project. "More militarized school environments do not address the root causes of mass violence." In fact, noted Jonathan Stith of the National Campaign for Police Free Schools, "Proposals that increase the presence of police, guns, and other militarized approaches to school safety only put gasoline on the fire."

The "truth" or "root cause" of mass shootings is precisely what Wayne LaPierre, the disgraced National Rifle Association (NRA) CEO/VP, sought to evade when, during his 2012 presser following the Sandy Hook Massacre, he ridiculously proclaimed that the "only thing that stops a bad guy with a gun is a good guy with a gun."

Anyone who suggests that safety is to be found in the mythical "good guy with a gun" has never served in combat.

In Vietnam, where I served (1968), we were far better equipped and armed than either the North Vietnamese Army or the Vietcong. We not only had ready access to our deadly M-16 Assault Rifles and other, even more powerful weapons, but also had the ability to call in artillery and airstrikes. Yet, that didn't prevent the deaths of 58,220 of my brothers-in-arms.

Proposals for armed school safety officers and arming teachers are but an extension of LaPierre's infamous and dangerous "more guns make us safer" canard.

Despite an increase in the number of school districts that deploy armed officers on campus, an academic study of mass shootings in the U.S. between 1980 and 2019, published last year by the Journal of the American Medical Association, failed to establish an "association between having an armed officer and deterrence of [school] violence."

Nevertheless, last month, over the opposition of educators, Ohio's Republican Gov. Mike DeWine signed into law a bill that will allow teachers, with some training, to keep a handgun inside their classrooms --- a decision that amounts to a fool's errand....

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A 1994 federal ban worked well for ten years and repeatedly stood up to Constitutional challenge...until Republicans allowed it to expire in 2004...
By Ernest A. Canning on 6/3/2022 9:05am PT  

The high-powered AR-15, military-style assault weapon used to massacre school children and teachers at Sandy Hook (2012) and Uvalde (2022) is a semi-automatic version of the M-16 that I used in Vietnam (1968). It was engineered to inflict maximum damage upon human beings. It has no legitimate civilian use.

By 2021, there were an estimated 20 million AR-15s legally in circulation within the U.S., procured at an average cost of $800. This likely produced some $16 billion in revenues for the small arms industry.

The AR-15's widespread availability is an obscenity. It exists courtesy of the same Republican hypocrites, who dare call themselves "pro-life" while infringing upon women's reproductive liberties; yet, offer little more than feckless "thoughts and prayers" when faced with unbridled American carnage.

It is an obscenity wrought by the Republicans' refusal to reinstate the 1994 federal Assault Weapons Ban, which stood up to Constitutional challenge and helped curb similar mass shootings for a decade. That Act prohibited the manufacture, transfer and civilian possession of specific makes and models of military-style, semi-automatic firearms and large capacity magazines (allowing more than 10 rounds), while containing an exemption for weapons sold before the Act went into effect.

The GOP bastardization of the Constitution and the right to life, liberty and a pursuit of happiness was enhanced by District of Columbia v. Heller (2008), a 5-4 decision in which the Supreme Court's Republican-appointed majority overruled a 1939 SCOTUS precedent. For the first time in our nation's history, the opinion, authored by the late Justice Antonin Scalia, held that the Second Amendment created an individual's right to possess a firearm unconnected to service in a State militia.

In his compelling dissent, the late Justice John Paul Stevens excoriated the Court's right-wing majority for ignoring the Second Amendment's language, history and context, all of which revealed that the "right to bear arms" was intended to apply only to a State's right to maintain a "well-regulated Militia". Stevens even cited the Oxford English dictionary's explanation at the time that to "bear arms" meant serving "as a soldier". Scalia, a self-declared "originalist", who claimed to be bound by the original meaning of the text of the Constitution, conveniently ignored that original meaning of our nation's founding document.

Even assuming the Court's "Radicals-in-Robes" were correct --- that the Second Amendment authorizes all individuals to "bear arms" --- that right would certainly be no more absolute than the carefully limited rights guaranteed by the First Amendment. The right to free speech, for example, does not create a right to yell "fire" in a crowded theater or to incite imminent violence. The Court has long held that public safety, in those instances, trumps the First Amendment's "guarantee" of free speech.

If we value our lives and those of our children, We the People must work towards a total ban on the manufacture, sale and civilian possession of the AR-15 and all other assault-style weapons. We must do so irrespective of substantial legal and political obstacles, which include the extortion-like threats of violence offered by right-wing extremists if the government sought to take their guns away.

Neither we nor our fragile democracy will be safe so long as these deadly military-grade weapons are left in the hands of domestic terrorists.

* * *
Ernest A. Canning is a retired attorney, author, and Vietnam Veteran (4th Infantry, Central Highlands 1968). He previously served as a Senior Advisor to Veterans For Bernie. Canning has been a member of the California state bar since 1977. In addition to a juris doctor, he has received both undergraduate and graduate degrees in political science. Follow him on twitter: @cann4ing




SCOTUS may soon overturn Roe v. Wade, but, until then, an injunction would restore long-established legal precedent in the Lone Star State...
[UPDATED 10/6/21: Judge grants preliminary injunction; temporarily enjoins state ban] [UPDATED 10/8/21: 5th Circuit grants temporary administrative stay][UPDATED 10/15/21: DOJ will ask Supreme Court to lift 5th Circuit stay]
By Ernest A. Canning on 9/29/2021 10:05am PT  

On Friday, U.S. District Court Judge Robert L. Pitman is scheduled to hear oral arguments on Texas' new anti-abortion law, S.B. 8 in the federal government's Emergency Motion for a Temporary Restraining Order or Preliminary Injunction [PDF]. He is likely to rule in favor of the federal government.

If granted, the ruling by Judge Pitman, an Obama appointee, would temporarily prevent enforcement of the new Texas statute banning pre-viability abortions performed on or after 6 weeks of pregnancy, before many women even know they are pregnant. That preliminary injunction would, for now, restore the status quo ante --- the state of the law in Texas prior to Sept. 1, 2021, when S.B. 8 first went into effect.

Unless overturned on appeal, the preliminary injunction would then remain in effect pending a final decision on the legal issues raised by the U.S. Department of Justice (DOJ) in the federal Complaint it filed in United States v. Texas.

The issuance of a temporary injunction by Judge Pitman would not be inconsistent with the U.S. Supreme Court's recent 5-4 rejection of a private medical provider's similar request for an injunction in Whole Woman's Health v. Jackson, the initial federal challenge to the Lone Star State's new law.

As the DOJ argues in its filing, no one, not even Texas, contends that S.B. 8's pre-viability abortion ban --- one that also contains no exception for unwanted pregnancies due to rape or incest --- is Constitutional under existing federal law. To the contrary, even in the first case, Whole Women's Health, the right-wing Supreme Court majority conceded the medical provider plaintiff "raised serious questions regarding the constitutionality of the Texas law at issue".

The core problem which prevented the issuance of an injunction in the initial case arose from "uncertainties" both as to federal court jurisdiction and whether any of the named defendants in that case could lawfully be the subject of a federal court injunction.

Those "uncertainties" arose because S.B. 8 was specifically designed to prevent challenges to its constitutionality in federal courts. The statute was crafted to prevent the Executive Branch of state government from enforcing the 6-week abortion ban. Instead, according to the DOJ's Complaint, S.B. 8 "deputized ordinary citizens to serve as bounty hunters who are statutorily authorized to recover $10,000 per claim from individuals who facilitate a woman's exercise of her constitutional rights."

In Whole Woman's Health, a legal concept known as State sovereign immunity prevented the plaintiff from naming Texas as a defendant. Because the statute prevents enforcement of the Act by members of the state's Executive Branch, the private medical provider was unable to seek an injunction against anyone working for that branch of the Lone Star State. There's legal uncertainty as to whether the State court judge, who was a named defendant in the case, could be enjoined by a federal court. The only potential private "bounty hunter" named in the medical provider's complaint filed an affidavit with the U.S. Supreme Court, asserting he had no present intent to file an S.B. 8 enforcement lawsuit.

The Supreme Court's "shadow docket" majority decision held that those "uncertainties" warranted a denial of the private medical provider's request for injunctive relief in Whole Women's Health. However, that same majority expressly noted their decision "in no way limits other procedurally proper challenges to the Texas law."

Texas cannot assert sovereign immunity when it is directly sued by the federal government in a case that alleges a State enactment violates the sovereignty of the United States. Thus, the DOJ's case, United States v. Texas, is a "procedurally proper" challenge...

--- Click here for REST OF STORY!... ---




Vote 'NO' on recalling Gov. Newsom on the first question and for the Green Party's Dan Kapelovitz on the second. Here's why...
By Ernest A. Canning on 8/18/2021 10:35am PT  

"For the September 14, 2021 Gubernatorial Recall Election," according to the CA Secretary of State's Quick Facts Sheet [PDF], "all active registered California voters will receive their ballot in the mail." The ballot will contain two questions: (1) Whether California's Democratic Governor Gavin Newsom shall be Recalled, and (2) if Recalled, which of 46 official candidates should succeed him. Voters are expected to complete both parts of the ballot, even if they vote "NO" on the first question, though it is not a requirement.

California residents, who are 17-years old but will turn 18 on or before Sept. 14, can pre-register to vote. Otherwise eligible voters, who are not yet registered, can register to vote within 14 days of the Recall Election (by August 30) in order to receive a Vote-by-Mail ballot. Or, they can fill out a Conditional Voter Registration at the polls during either early, in-person voting or on Election Day.

For the reasons set forth in my July article, "Now May Be a Good Time to Reform or Eliminate California's Gubernatorial Recall System", this progressive believes the answer to question (1) of the ballot is simple and straightforward. I'll vote "NO" only because the ballot does not contain the option to vote "HELL NO!"

This GOP-initiated Recall, which, per the California Voters' Guide, will cost state taxpayers an estimated $246 million, is the product of a purely partisan abuse of the Recall process. It was engineered by an increasingly authoritarian and immensely unpopular Republican Party --- a Party which hasn't won a statewide election in California since 2006; a Party that accounts for less than 1 in 4 registered CA voters; a Party which lost the last Presidential Election in the Golden State by more than 5 million votes; a Party that knows its only prospect for winning lies in what it hopes to be a low turnout, Special Recall Election. It's a cynical divide-the-vote-among-multiple-and-largely-unknown-candidates strategy that could potentially allow an otherwise unelectable Republican to prevail.

In recent television ads, sponsored by state Democrats and labor unions, Sen. Elizabeth Warren (D-MA) described what will take place on Sept. 14 as a "Republican Recall". Question (2) on the ballot reflects the accuracy of that assessment. Out of a total of 46 candidates on the second part of the ballot, 24 are Republicans. One other candidate, Riverside County Supervisor Jeff Hewitt, is a Libertarian --- the Party that embraces the deceptive ideology of the infamous Koch Brothers and hard-right ideologues like Sen. Rand Paul (R-KY).

The difficult decision for progressives is how to unite behind only one of the 21 remaining candidates so as to avert the disaster that could ensue if more than 50% of the electorate vote to recall the incumbent Governor, as recent polling suggests a very tight race on the ballot's first question.

Allow me to explain why the election of either of the two leading question (2) candidates --- Democrat Kevin Paffrath and Republican Larry Elder --- both represent a clear and present danger if Newsom is recalled on question (1). Then, I'll share my conclusion --- along with information on each of the non-Republican/Libertarian candidates on the ballot --- as to why Green Party Candidate Dan Kapelovitz, an ardent opponent of the "Republican Recall", who is running only to avert disaster should the Recall succeed, is the candidate Democrats and progressives would do well to support...

[Disclaimer: The opinions set forth here are solely those of the author and should not be construed as an endorsement of any one candidate by The BRAD BLOG.]

--- Click here for REST OF STORY!... ---




...And for patent waivers for life-saving inoculation drugs...
UPDATE 8/12/21 U.S. Supreme Court upholds Indiana University COVID vaccine mandate...
By Ernest A. Canning on 8/2/2021 10:58am PT  

In the short term, the U.S. government can and should compel all citizens, other than those for whom the COVID vaccines may be medically contraindicated, to be vaccinated at the government's expense. It should also insist that the major U.S. pharmaceutical companies contractually waive their right to enforce their COVID vaccine intellectual property rights before a World Trade Organization (WTO) tribunal.

Long term, if we place a greater value on human life than we now do with respect to obscene levels of wealth accumulation by a privileged few, both the U.S. and other governments should renegotiate the TRIPS agreement so as to eliminate intellectual property rights of pharmaceutical companies over life-saving vaccines developed with the aid of public monies.

Alternatively, the U.S. and other governments should take a hard look at whether their respective pharmaceutical industries should be nationalized...

--- Click here for REST OF STORY!... ---




GOP abuse of the time-honored progressive process is wearing thin...
By Ernest A. Canning on 7/9/2021 11:00am PT  

The idiom, "the road to hell is paved with good intentions", comes to mind when considering both the transformation of California's Republican Party and the Golden State's gubernatorial Recall process since first established by voters on Oct. 10, 1911. Both transformations point to the need for California to either significantly reform or eliminate gubernatorial Recalls altogether.

Our state's Recall process was the brainchild of Hiram Johnson, an immensely popular Republican governor who switched to the Progressive Party after taking office. His progressive bona fides were already on display during his Jan. 13, 1911 Inaugural Address when he declared: "The first duty that is mine to perform, is to eliminate every private interest from the government, and to make the public service of the State responsive solely to the people."

Later that year, in a letter to former President Theodore Roosevelt, Johnson expressed his dismay over then Republican President William Howard Taft's lack of humanity and Taft's belief that government exists only to benefit big business. Johnson expressed admiration for the Progressive Party candidate, Wisconsin Senator Robert M. La Follette, but sought to persuade TR to run against Taft because Johnson believed La Follette would lose. (In 1912, the Progressive Party nominated TR as its Presidential candidate and Johnson as its VP candidate).

As envisioned by Johnson, California's Recall procedures would serve as a form of bottom-up direct democracy that would act as a check against the corrupt influence of corporate wealth and power then being exerted in the Golden State by the Southern Pacific Railroad.

California's gubernatorial Recall, however, has failed to live up to Governor Johnson's lofty expectations. "Since 1911," according to Ballotpedia, "there have been 55 attempts to recall a sitting California governor. The only successful campaign was in 2003 when voters recalled then-Gov. Gray Davis". The Davis Recall was a purely partisan affair made possible only because the wealthy right-wing Republican Congressman, Darrell Issa, invested $1.7 million of his own money to fund a GOP engineered, professional signature gathering campaign. That was coupled, politically, with a disinformation campaign regarding power outages in the Golden State that had been engineered by the infamous, corrupt and now defunct Texas-based energy company, Enron.

This year's gubernatorial Recall against California's Democratic Governor Gavin Newsom is being wielded as an anti-democracy cudgel by an increasingly authoritarian Republican Party --- a Party which morphed into an instrument of the very corporate wealth and power Gov. Johnson hoped the Recall would serve to defeat. The Newsom Recall was initiated because the unpopular CA GOP realizes its only prospect for winning a statewide election at this time lies in what it hopes is a low-turnout election; albeit, a special election that will cost California taxpayers an estimated $400 million.

Last week, California's Lt. Gov. Eleni Kounalakis, a Democrat, set the date for the Newsom Recall Election for Sept. 14, 2021. Per a recently released UC Berkeley poll and a May 25 Public Policy Institute poll, it appears likely that a significant majority will cast a "No" vote. Nonetheless, given the abuse of the process by state Republicans, CA Democrats, who hold a super-majority in the State legislature, would do well to place a proposition on the November 2022 general election ballot to reform or even eliminate the gubernatorial Recall process altogether...

--- Click here for REST OF STORY!... ---




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