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Latest Featured Reports | Saturday, April 20, 2024
Bad Climate News for Home, Car Owners; Good Labor News for Workers in the South: 'BradCast' 4/18/24
Also: Jury seated in NY; NV okays abortion initiative; OH Repubs block Biden from ballot...
'Green News Report' 4/18/24
  w/ Brad & Desi
Deluge in Dubai; Climate impacts to cost trillions per year; New lightbulb efficiency standards; PLUS: Biden Admin cracks down on toxic silica dust to protect workers' lungs...
Previous GNRs: 4/16/24 - 4/11/24 - Archives...
SCOTUS Suddenly Worried About Overcriminalization ... for J6 Insurrectionists: 'BradCast' 4/17/24
Guest: LawDork's Chris Geidner; Also: GOP impeachment ends; Turnout doubles in AL...
'Trump Media' Plummeting, MAGA Buyers Losing Life Savings: 'BradCast' 4/16/24
Also: Trump's ridiculous 'immunity'; 7 jurors seated in NY criminal trial; Repubs deliver impeachment to Senate; Smartmatic, OAN settle 2020 defamation suit...
'Green News Report' 4/16/24
  w/ Brad & Desi
Record ocean heat bleaching corals worldwide; EV charging roads in Indiana; Biden raising drilling, mining royalties for first time in a century; PLUS: A marine mystery in Florida...
Previous GNRs: 4/11/24 - 4/9/24 - Archives...
Trump's First Criminal Trial, for Cheating in 2016, Begins in NY: 'BradCast' 4/15/24
Special coverage of an historic day with Heather Digby Parton of Salon, attorney Keith Barber of Daily Kos...
Sunday 'Party Like It's 1864' Toons
THIS WEEK: Bad politics, good toonery and at least one wake-up call, in our latest collection of the week's best toons!...
Biden Closes 'Gun Show Loophole'; Repubs Turn Desperate: 'BradCast' 4/11/24
RNC Chair says Ukraine our enemy; GA Lt. Guv faces probe; Fox hides AZ abortion ruling, Hannity blames Dems; WI Justice to retire...
'Green News Report' 4/11/24
  w/ Brad & Desi
10th hottest month ever in a row; Swiss climate inaction violates human rights; PLUS: EPA crack down on airborne chemical plant pollution, 'forever chemicals' in drinking water...
Previous GNRs: 4/9/24 - 4/4/24 - Archives...
'Pink Slime': Fake 'Local News' Sites Proliferating in Advance of Election: 'BradCast' 4/10/24
Guest: Alex Mahadevan; Also: Trump CFO back to jail; GOP chaos, panic after AZ's 1864 abortion ban restored...
Dirty Tricks and the Dirtiest Candidate Of All Time: 'BradCast' 4/9/24
A CA three-way!; Polls shift toward Biden; RW scam artists pay the price; Trump rejected again in NY criminal case, facing trouble for phony $175M bond in NY civil case...
'Green News Report' 4/9/24
Big hurricane season coming; Colorado River used mostly for cattle; Good news for CA snowpack, for now; PLUS: Disney's Tomorrowland says goodbye to Yesterdayville...
'Titanic Law' Reform Just Tip of Iceberg in Quest for Key Bridge Accountability: 'BradCast' 4/8/24
Guest: Helen Santoro; Also: Media echo Trump abortion lies; Biden's new debt relief for 30M...
Sunday 'Dark Days Indeed' Toons
FEATURING: The Eclipse! Disinformation! 'Victimless' Crimes! And much more in our latest collection of the week's darkest toons...
Trump's Very Bad Day in Court(s), Other Good (& Less Good) News: 'BradCast' 4/4
No Labels out; Soft sentence for vote fraudster; WI reconsiders drop-boxes; NE nixes Elctrl College change; Biden v. Israel; Sanders, Biden tout drug price success...
'Green News Report' 4/4/24
Hunger crisis amid drought in Africa; Biden invests billions to decarbonize manufacturing; Melting ice is bending time; America's first commercial-scale offshore wind farm...
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
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'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...

High Court approves expedited hearing in advance of 2024 election...
By Ernest A. Canning on 4/4/2024 12:35pm PT  

The Wisconsin Supreme Court appears likely to restore the availability of secure absentee ballot drop-boxes in advance of this year's pivotal election in the battleground state.

Last month, in Priorities USA v. Wisconsin Election Commission, a majority of the Wisconsin Supreme Court issued an Order which granted a petition to plaintiffs to bypass the court of appeal.

The Court agreed to take up the issue in an expedited fashion as to whether Wisconsin voters will be allowed to deposit their mail-in ballots in secure drop-boxes this year, following a ruling by the Court's previous majority that drop-box voting was in violation of state law. The order expedited briefing in the matter, and ruled that oral arguments will take place on May 13, 2024...

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Hillary Clinton was never invited to 'join' the Federalist Society...
By Ernest A. Canning on 4/3/2024 10:05am PT  

Politico's Josh Gerstein owes his readers a retraction.

Late last week, reporting on a deep dive into years-old White House records, Gerstein tweeted:

A FIND IN THE ARCHIVES: An invitation to Hillary Clinton to speak to & join (!) the conservative Federalist Society back in 1997. The inviter? None other than Leonard Leo, now viewed as an arch-villain by many on left.

But, based on the documents cited by Gerstein, his assertion is only half true...

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Suddenly they care about gun violence?...
By Ernest A. Canning on 3/11/2024 10:35am PT  

The cynical "Say the Name Laken Riley" State of the Union stunt by MAGA Republicans underscores the hypocrisy of the longtime NRA-funded GOP.

Last Thursday, President Joe Biden entered the House Chamber and, moments before he delivered an elegant demolition of MAGA cult madness during an historic State of the Union Address, the 46th President of the United States was confronted by the QAnon conspiracy supporting wing-nut, Rep. Marjorie Taylor Greene (R-GA).

In violation of House Rules, not to mention basic decorum, Greene wore a red MAGA cap, a white T-shirt reading "Say Her Name", and a red jacket on which she'd pinned a white button bearing the name "Laken Riley" and another bearing her photo. She handed Biden a "Laken Riley" button and, later, interrupted the President's SOTU Address --- screaming a demand that Biden "say her name"!

In response, Biden, who lost his first wife and daughter in a tragic car accident, not only said her name, while holding up the "Laken Riley" button, but expressed his condolences to Riley's parents.

The President's display of empathy towards the parents of the 22-year old nursing student, who was allegedly murdered last month by an undocumented Venezuelan immigrant, was appropriate. But the GOP's cynical effort to exploit the young lady's death in order to bolster Donald Trump's effort to create "hysteria" over an imaginary "immigrant crime wave" represents the height of hypocrisy...

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By Ernest A. Canning on 3/8/2024 10:35am PT  

At a moment of a potential Holocaust in Gaza, Donald Trump's Super Tuesday call for Israel's right wing extremist Prime Minister Benjamin Netanyahu to "finish the problem" in Gaza sounds ominously like Adolf Hitler's "Final Solution" to the "Jewish Problem".

Whether or not one accepts South Africa's claim that the "scale of destruction in Gaza" reflects "genocidal intent", there can be no question but that a failure to heed VP Kamala Harris' poignant call on Sunday for an "immediate ceasefire" in Gaza, along with an unhindered flow of humanitarian aid, could lead to an annihilation of Gaza's civilian population.

Over the past 5 months, the Israeli military has reduced most of Northern Gaza into an uninhabitable wasteland. Approximately 80% of the Palestinian population (1.9 million) has been internally displaced and pushed to the brink of famine.

In normal times, Hitler comparisons might seem over the top. These are not normal times...

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'No one is entitled to sell the Government drugs at prices the Government won't agree to pay,' federal judge rules...
By Ernest A. Canning on 3/6/2024 10:35am PT  

In the second loss for Big Pharma in less than a month, the Trump-appointed Chief Judge of the Delaware U.S. District Court rejected a Constitutional challenge to a law adopted by Democrats in Congress and signed by President Joe Biden which allows for the negotiation of drug prices for Medicare.

Last week, in a 45-page Memorandum Opinion issued in AstraZeneca Pharmaceuticals v. Becerra, Chief Judge Colm F. Connolly summarily rejected the drug manufacturer's assertion that provisions of the Inflation Reduction Act of 2022 (IRA), authorizing the Centers for Medicare and Medicaid Services (CMS) to negotiate prescription drug prices, violates the pharmaceutical industry's 5th Amendment rights.

The 5th Amendment provides that no person shall "deprived of...property without due process of law." A person (in this instance, a corporation) cannot be unlawfully deprived of a property right that does not exist.

The IRA, which President Biden signed into law on Aug. 16, 2022 --- an Act that every House Republican opposed --- reversed a provision of the Medicare Part D law, enacted in 2003 during the George W. Bush administration, which statutorily prevented CMS from negotiating prescription drug prices.

According to a press release issued by the Department of Health and Human Services (HHS), the government's ability to negotiate pricing is essential given that "the United States pays three times more for prescription drug prices than any other developed nation." The conservative federal judge in Delaware ruled that the 5th Amendment due process clause doesn't create a pharmaceutical property right to force the federal government to agree to pay those higher prices...

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Whether peace depends on 'elimination of Hamas' is the wrong question...
By Ernest A. Canning on 3/1/2024 10:35am PT  

As I wrote here in 2010...

If we are to put an end to what Dr. Martin Luther King, Jr. described as the "madness," the American public must...acquire the point of view of those upon whom the bombs are falling. For it is only by acquiring their point of view that Americans can appreciate and answer the poignant question [of] "why" growing numbers of Middle East residents just might be motivated to attack us. Without that understanding, peace will always remain beyond our grasp.

The point came to mind with a question posed during a recent CA U.S. Senate debate suggesting that many in the mainstream media remain trapped within this nation's irrational, post-9/11, global "war on terror" mindset. Trapped, as it were, despite President Joe Biden's sage (if ignored) advice to Israel's far-right Prime Minister Benjamin Netanyahu to not "repeat mistakes" the U.S. made in the aftermath of 9/11.

Paraphrasing a remark said to be made by an unnamed Biden Administration official, KTLA 5 moderator Frank Buckley asked primary candidate Rep. Barbara Lee (D-CA) whether she agreed that "peace [in Gaza] can only begin with the elimination of Hamas"?

After condemning the October 7th Hamas terrorist attack, Lee proclaimed that "a diplomatic and political settlement" that eventually included a "two-state solution" offers the only means for achieving peace and security. "Killing twenty-five to thirty thousand civilians is counterproductive to Israel's security." That's why, Lee explained, she was calling for a "permanent ceasefire"...

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In a major address, POTUS must also expose the 'moral crisis' brought on by GOP hypocrisy, cruelty and dehumanizing anti-immigrant propaganda...
By Ernest A. Canning on 2/9/2024 12:44pm PT  

Given the rationale behind the recent SCOTUS decision in Department of Homeland Security v. Texas, Governor Greg Abbott's election year efforts to block the U.S. Border Patrol's access to the Rio Grande in Texas amount to defiance of a federal court order.

President Joe Biden can and should assure State compliance with federal law by taking a page from previous Presidents by exercising his power to federalize both the TX National Guard and any members of the FL National Guard who are now impeding Border Patrol access along the pertinent stretch of the U.S. border with Mexico.

The Court's decision to "vacate" a 5th Circuit Court of Appeals injunction, pending appeal, did a great deal more than simply affirm the right of federal Border Patrol agents to remove razor wire erected by the Texas National Guard along 29-miles of the Rio Grande.

By granting U.S. Solicitor General Elizabeth Prelogar's emergency Application in the case, SCOTUS affirmed the federal government's contention that, under the Supremacy Clause of the U.S. Constitution, "state law cannot be applied to restrain...federal agents from carrying out their federally authorized activities".

As Prelogar argued to the High Court...

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Survival of democracy and rule of law also on docket, as potential for political chaos looms no matter how Court ultimately rules...
By Ernest A. Canning on 2/5/2024 9:05am PT  

Only a month has passed since the U.S. Supreme Court agreed to hear, on an expedited basis, a legal challenge to the Colorado Supreme Court's determination that Donald J. Trump is disqualified from holding any state or federal office by reason of §3 of the 14th Amendment.

Both the CO trial and state Supreme Court expressly found that Trump "engaged in" an "insurrection" on January 6, 2021. The CO Supremes ordered Trump's name removed from the Centennial State's Republican presidential primary ballot. However, the CO Supreme Court stayed their order pending the outcome of a final determination by SCOTUS.

A final SCOTUS decision will likely have profound electoral and constitutional impacts, irrespective of whether our nation's highest court upholds or overturns the CO Supreme Court's ruling...

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'Support' from 'tens of millions' deceived by Trump/Fox 'News' propaganda doesn't justify support for an authoritarian scoundrel...
By Ernest A. Canning on 1/27/2024 9:35am PT  

An extraordinarily absurd moment occurred during the past week's "Showdown for U.S. Senate Debate" between California Democratic Reps. Adam Schiff, Barbara Lee, Katie Porter and Republican former major league baseball player, Steve Garvey. The debate was conducted on KTTV Fox 11, the Southern California local affiliate of the Rupert Murdoch-controlled Fox Corp.

In an unsuccessful effort to persuade an evasive and reluctant Garvey to unreservedly state his intent to vote for Donald Trump this year, Fox 11 anchor, Elex Michaelson asked...

There are tens of millions of people that support Donald Trump. Polls show that California Republicans, he's supported by two thirds...There are a lot of people in this country that love Donald Trump and think he was a great President. What's your view?

The answer to that question may have been a difficult one for the former Dodger. After all, Trump is wildly unpopular among California voters who will vote in the March 5 open primary, even if very popular among the state's small --- and shrinking --- GOP electorate. Garvey hemmed and hawed to avoid answering. "Once a Dodger always a Dodger," quipped Porter at one point in the debate.

But, while the case could be made that Michaelson's question aided Democrats by cornering Garvey, the way he did so was absurd, even before Garvey's evasive response. The question itself recalled some graffiti I once saw on a bathroom wall while an undergrad at UCLA in 1971. It read: "Eat shit. Ten billion flies can't all be wrong."

A somewhat less crude analogy can be found in Germany. The fact that, in 1934, the vast majority of that nation's 66 million people adored a man named Adolf Hitler in no way provides a reason for any objective observer to support that genocidal tyrant.

It's especially troubling that KTTV's parent company is largely responsible for creating an alternative reality --- an Orwellian netherworld --- in which a large swath of the U.S. electorate now resides. The netherworld's residents include many of those "tens of millions of people," cited by Michaelson.

Deception, openly deployed not only by Trump and his Congressional Republican enablers, but also endorsed and amplified by Fox "News", provides the core reason why "tens of millions" of Americans, including two thirds of California Republicans, continue to irrationally support a Hitler-admiring demagogue, who called for "terminating" the U.S. Constitution...

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About that 2024 GOP Caucus 'landslide'...
By Ernest A. Canning on 1/19/2024 10:35am PT  

The headline from Fox "News" typified what passes for "coverage" in right-wing media: "Trump wins massive victory in Iowa". That contrasts sharply with The BradCast's headline: "Trump Underwhelms in Iowa".

One core factor in analyzing the significance of either a Caucus or Primary Election is voter enthusiasm, as reflected by turnout.

Even when the especially harsh winter conditions are taken into consideration, the turnout for Iowa's 2024 Republican Caucuses must be regarded as dismal. The number of votes cast, 110,298 --- down from nearly 187,000 in 2016 --- represents less than 5.3% of Iowa's 2,083,979 registered voters.

The 56,260 ballots cast for Donald Trump represented a meager 7.8% of Iowa's 718,901 registered Republicans.

The 51% Trump received in the 2024 Iowa Caucus is only 3 points greater than the 48% Lyndon B. Johnson, a then incumbent President, received in the 1968 New Hampshire Democratic Presidential Primary. LBJ's opponent, Sen. Eugene McCarthy (D-MN), received 42%. Johnson's narrow "win" in NH was followed by his decision to drop out of the race.

And while the 21,085 votes that third place finisher Nikki Haley received was also minuscule, any objective observer should not ignore a poll revealing that 43% of Halley Republican voters said that, if Trump became the nominee, they would vote for President Joseph R. Biden in the general election.

So which is it --- "massive victory" or "underwhelming"?

* * *
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

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Despite media punditry, the facts, the law, lightning-fast scheduling and an insulated Judiciary may not bode well for the former President...
By Ernest A. Canning on 1/15/2024 11:35am PT  

As a poll-obsessed media focuses on what many see as a seemingly inevitable contest next November between the former and current Presidents, it has become easy to look past the distinct possibility that the U.S. Supreme Court might bring about a swift end to the 2024 Presidential campaign of Donald J. Trump.

By way of a Jan. 5 decision, in Trump v. Anderson, SCOTUS agreed to hear the former President's Jan. 3 legal challenge to the Colorado Supreme Court's ruling, in Anderson v. Griswold. In that case, the high court in CO ruled that, by reason of §3 of the 14th Amendment, Trump is an insurrectionist and, therefore, disqualified from running for the Office of President of the United States. The CO ruling has been stayed pending a final decision from the U.S. Supreme Court.

There are multiple reasons why the SCOTUS decision to hear this landmark case may not bode well for the former President, even if the many pundits are inclined to believe that a majority of Justices on the High Court will concoct some extra-Constitutional reason to allow him off the hook. Neither the facts, the law, nor published opinions advanced by conservative constitutional scholars support a decision to overturn the CO Supremes' landmark ruling.

While widely overlooked by most in the media, the identity of the parties could also be critically important. The Anderson Respondents --- 4 Republicans and 2 independents eligible to vote in the Colorado Republican Primary --- essentially represent the dwindling number of honest conservatives, who make up what might be described as the Liz Cheney Wing of the GOP.

Unlike Congressional Republican cowards, who know better, yet shamelessly embrace the dangerous Orwellian lies of a would-be dictator, GOP-appointed, life-tenured members of the federal judiciary need not fear being removed from the bench during a primary election by the MAGA base. While Trump sycophants in the U.S. House have demonstrated a willingness to initiate baseless, partisan impeachment inquiries, the prospect of impeachment of any Justice who voted to uphold Colorado's §3 disqualification decision, followed by a 2/3 vote to convict in the Senate, are so remote as to not even be worthy of consideration.

The lightning fast scheduling set forth in the Court's order to hear the CO matter reflects a recognition that, if it upholds the state trial court's factual finding that Trump "engaged" in an "insurrection" and the Colorado Supreme Court's legal determination that Trump is therefore disqualified by reason of §3 of the 14th Amendment, SCOTUS can both prevent the former President from running for office and afford voters --- especially Republican primary voters --- the opportunity to make an informed choice between qualified candidates.

The facts of the case --- if not necessarily the media punditry or courage of our Republican-appointed Supremes --- reflect that reality...

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Trump likely to appear on CO GOP's 2024 primary ballots nonetheless...
UPDATE, 1/3/24: Trump contests 'engaged' in 'insurrection' finding in separate SCOTUS; UPDATE, 1/5/24 SCOTUS grants cert; sets oral argument for Feb. 8...
By Ernest A. Canning on 12/30/2023 1:23pm PT  

Apparently, the Colorado Republican Party does not dispute that Donald J. Trump "engaged in" an insurrection on January 6, 2021.

That's interesting. Perhaps astounding. Or perhaps they just don't want the U.S. Supreme Court to officially agree as much.

In asking SCOTUS to overturn the Colorado Supreme Court decision, in Anderson v. Griswold --- which directed the CO Secretary of State not to place the name, Donald J. Trump, on the Colorado Republican Presidential Primary Ballot --- the CO GOP, in its Petition for Writ of Certiorari, failed to contest the factual findings, initially made by a trial court and later upheld by the CO Supremes, that what took place on January 6, 2021 was an "insurrection" and that former President Donald J. Trump "engaged" in that insurrection.

(Those currently uncontested findings also provided the basis for the administrative law ruling [PDF] issued by Maine Secretary of State Shenna Bellows on Thursday, determining that the name Donald J. Trump may not appear on Maine's Republican Presidential Primary ballot.)

Instead, the CO GOP confined its legal arguments to (1) whether a "President falls within the list of officials subject to disqualification under §3 of the 14th Amendment", (2) whether §3 is "self-executing", and (3) whether a court-ordered disqualification violates the Party's First Amendment right of association.

As observed by Harvard's constitutional scholar, Lawrence Tribe, the claim that a President is not an "officer" subject to §3 disqualification is "as baseless textually as it is off base intuitively."

The 1st Amendment right of association argument is also remarkably weak.

The U.S. Constitution mandates anyone running for President must be at least 35-years old at the time they enter office. If a refusal to place the name of a 25-year old on a Presidential primary ballot doesn't violate 1st Amendment associational rights, then surely the refusal to place the name of someone disqualified by reason of §3 of the 14th Amendment doesn't violate the 1st Amendment either.

Nonetheless, despite weak arguments, absent a swift SCOTUS denial of cert, it's likely the name Donald J. Trump will appear on the CO Republican Primary ballot...

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Next election may end GOP entrenchment in WI Assembly, though GOP entrenchment in Senate unlikely to be fully eradicated before 2026...
UPDATE 1/15/24: Court denies GOP motion to reconsider. UPDATE 2/19/29: Gov. Evers approves new map, likely ending litigation...
By Ernest A. Canning on 12/27/2023 11:09am PT  

2024 begins with long-overdue good news for the voters of Wisconsin.

Three days before Christmas, by way of a 4-3 decision, the Wisconsin Supreme Court overturned the most recent of two GOP drawn state legislative maps. The two maps were the product of partisan gerrymandering that was so extreme that it permitted the Republican Party to maintain supermajority (2/3) or near supermajority control of both chambers of the Badger State Legislature over the past 12 years --- even when Democrats received as much as 53% of the statewide vote.

The detailed procedures for drawing up new maps in time for the state's 2024 primary elections are set forth in the Court's Post Decision Order, maximizing, at long last, the prospect of a state Legislature whose members will be politically accountable to the will of a majority of the Wisconsin electorate.

If timely developed and approved, the new 2024 maps will permit a majority of WI voters to put an end to a decade-long GOP gerrymandered entrenchment in the state Assembly, though a majority of voters will not be empowered to fully eradicate GOP entrenchment in the WI Senate until 2026. Because it would have been tantamount to overturning the results of the 2022 election, the Court denied the petitioners' request that it compel those Senators, whose terms would not otherwise expire until 2027, to run for reelection in 2024...

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Threat of nationwide ban is over, likelihood of newly imposed restrictions on expanded, FDA-approved availability dimmed...
By Ernest A. Canning on 12/21/2023 12:35pm PT  

Believe it or not, we have good news at year's end from our otherwise radicalized and corrupted U.S. Supreme Court regarding abortion rights.

SCOTUS' recent decision [PDF], in Alliance for Hippocratic Medicine v. Food & Drug Adm., to hear the abortion pill case in response to the Petition [PDF] filed by the Biden Administration's U.S. Solicitor General and to grant the Petition [PDF] filed by manufacturer Danco Laboratories --- together with its denial of AHM's Cross Petition [PDF] --- is an encouraging development for reproductive liberty.

The Alliance for Hippocratic Medicine (AHM) is a group of right-wing Christian physicians who sought, and initially obtained, a nationwide ban on the prescription, sale, distribution and use of mifepristone --- a medication first approved by the FDA in 2000 as part of a two-drug regimen to terminate early-stage, intrauterine pregnancies.

According to the FDA's January 2023 Risk Evaluation and Mitigation Strategies [REMS] determination for the drug, mifepristone enables a woman "to end an intrauterine pregnancy through ten weeks gestation," during which it is found to be both 98% effective and safer than Tylenol.

On April 7, 2023, however, Judge Matthew Kacsmaryk, a Trump appointed, Texas-based U.S. District Court Judge, issued a preliminary injunction that imposed a nationwide ban on mifepristone. Before being tapped by Trump, Kacsmaryk was an anti-choice activist and is regarded by many as a right-wing religious zealot. His ruling was in direct conflict with a separate decision issued on the same day by U.S. District Court Judge Thomas O. Rice in Washington State. Rice ordered the FDA to keep mifepristone on the shelves of 14 States and the District of Columbia.

Although the conservative 5th Circuit Court of Appeals refused to stay Kacsmaryk's nationwide ban, the U.S. Supreme court, in late April, by way of a 7 - 2 Decision [PDF] (with Justices Alito and Thomas dissenting), granted a stay of both the 5th Circuit and Judge Kacsmaryk's temporary, nationwide ban on mifepristone. By the express terms of the April 21 SCOTUS decision, the stay would remain in effect until the end of the appellate process.

Because the Supreme Court has now granted both the government's and mifepristone manufacturer Danco's petitions for certiorari, at a minimum, that stay will remain in effect until the Supreme Court issues its final ruling.

Kacsmaryk's original total ban rested upon what, even then, seemed like a tenuous AHM effort to evade a six-year statute of limitations with respect to the FDA's initial approval of mifepristone that was issued while Bill Clinton was still in office. The Supreme Court's denial of the AHM cross-petition, which contested the 5th Circuit's ruling [PDF] --- that the effort to contest the 2000 approval is barred by the statute of limitations --- is now final.

Thus, the judicial threat of a nationwide ban on mifepristone no longer exists!

One of the two remaining issues, however, entails whether the 5th Circuit erred in finding that the FDA acted in an arbitrary and capricious manner in its subsequent REMS determinations, years after the 2000 approval. (Those subsequent REMS determinations, based upon extensive medical studies and worldwide practical use, made it easier for patients to obtain access to mifepristone). But before the Supremes can even reach that issue, they face the threshold question as to whether AHM physicians who do not even use or prescribe mifepristone have Article III standing to file their legal challenge to the FDA-approved abortion pill in the first place...

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U.S. 7th Circuit Court of Appeal panel finds civilians' right to 'bear arms' doesn't apply to weapons intended for military use...
By Ernest A. Canning on 11/8/2023 9:05am PT  

Assault weapons bans are still not unconstitutional. For now.

By way of a 2 - 1 decision [PDF] last Friday, a three-judge panel of the U.S. 7th Circuit Court of Appeal has temporarily upheld an Illinois assault weapons ban.

The Illinois Act makes it "unlawful for any person [except "trained professionals" and "grandfathered individuals"] within Illinois knowingly to 'manufacture, deliver, sell or purchase…an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge." The Act expressly applies to the AR-15 and to high-capacity magazines.

The issue came before 7th Circuit via three consolidated cases: Bevis v. City of Naperville, Herrera v. Raoul and Barnett v. Raoul. In two of the cases, Bevis and Herrera, federal district court judges denied motions for the issuance of a preliminary injunction whereas the district court, in Barnett, granted a preliminary injunction.

The 7th Circuit decision, authored by Judge Diane Wood, a Clinton appointee, and joined by Judge Frank Easterbrook, a Reagan appointee, overturned the Barnett preliminary injunction upon the grounds that the plaintiffs in all three cases had failed to establish a strong likelihood of success on the merits. (Michael Brennan, a Trump appointee, dissented.)

In order to show a likelihood of success on the merits, the plaintiffs in each of these cases…have the burden of showing that the weapons addressed in the pertinent legislation are Arms that ordinary people would keep at home for purposes of self-defense, not weapons that are exclusively or predominantly useful in military service…

While it doesn't amount to a final determination on the constitutionality of the assault weapons ban deployed in the Land of Lincoln, at a time of unbridled carnage --- there have been more than 565 mass shootings in the U.S. over the first 10 months of 2023 --- the reasoning applied by the 7th Circuit majority offers a glimpse, at least, of sanity...

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