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Latest Featured Reports | Friday, November 8, 2024
Not All Bad: Abortion Rights Won Big (Almost) Everywhere: 'BradCast' 11/7/24
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GOP Voter Registration Fraud Scandal 2012...
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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.

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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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Guest: Election Integrity activist Sherry Healy on Clackamas County, OR's primary election boondoggle; Also: Abbott slashed mental health care in TX before shooting; GOP blocks domestic terror bill in Senate; Trump loses another appeal in NY...
By Brad Friedman on 5/26/2022 7:10pm PT  

On today's BradCast: More shameful GOP responses to America's continuing mass shooting epidemic; one step closer to some accountability for our corrupt former President; the Republican Party's shameful response to a very close primary election in Pennsylvania; and an unmitigated election disaster for voters continues to hold up a critical U.S. House race two weeks after Oregon's midterm primaries. [Audio link to full show is posted below this summary.]

Among the stories covered on today's program...

  • This week in Uvalde, Texas, 19 fourth graders and two teachers were murdered after the shooter at Robb Elementary School had no problem purchasing two semi-automatic rifles and hundreds of rounds of ammo just days after his 18th birthday this month. The state's Republican Gov. Greg Abbott --- who is up for reelection this November --- declared after the massacre that the problem was mental illness and Texas must "do a better job with mental health." But last month, Abbott slashed $221 million from the department overseeing mental health programs in the state which, according to a new study, ranked 50th last year for access to mental health care. That, after Abbott signed bill after bill making it easier for Texans to buy, carry and kill as many people as possible, with high-powered, military-style weapons. (Did I mention that Abbott is up for reelection this November?)
  • It's not only Texas Republicans working hard to make it as easy as possible to kill fellow Americans. Just days after back-to-back-to-back mass shootings in America, Senate Republicans on Thursday blocked a bill in the U.S. Senate meant to help to prevent domestic terrorism. The measure was already adopted by Democrats in the House. Not one single Republican Senator voted in favor. (Several of them will be on the ballot this November.)
  • In somewhat brighter news, a federal judge on Wednesday rejected a lawsuit by gun manufacturers, distributors and retailers which had attempted to block New York's new law allowing those in the firearms industry to be sued by the state, cities and individuals for endangering the public's safety and health. NY Attorney General Letitia James said the judge's ruling offers "a moment of light and hope" following the American carnage of the past two weeks. The trade group representing the domestic terrorism industry, The National Shooting Sports Foundation (NSSF), vowed to appeal.
  • In more good NY/Letitia James-related news, a four-judge state appeals court panel today upheld a lower court ruling that Donald Trump and his children Ivanka and Don Jr. must sit for a deposition in James' civil investigation examining the Trumps' "fraudulent" valuation of properties in bank, tax and insurance filings. The Trumps claimed their comments under oath could be used against them in a parallel criminal investigation by the Manhattan District Attorney into many of the same issues. The court agreed. But noted that that's why the Fifth Amendment right against self-incrimination exists. If the Trumps want, they may invoke it during their depositions, in the same "disgraceful" way, according to Trump, that "only mobsters" use it. Some difficult choices await in the very near future for our disgraced former President.
  • In Pennsylvania, nearly two weeks ago, Trump-endorsed celebrity TV doctor Mehmet Oz and former hedge-fund CEO Dave McCormick battled to a virtual tie for the GOP U.S. Senate nomination. The winner will run against Democratic nominee, Lt. Gov. John Fetterman. As of today, Oz leads McCormick by fewer than 1,000 votes out of more than 1.3 million cast in the Keystone State's GOP primary. This week, McCormick sued in federal court to assure that all legal ballots are counted, including mail-in ballots that arrived on time but have a missing or incorrect date on the secrecy envelope. Another court recently ruled such ballots are valid and must be tallied. The RNC and Pennsylvania Republican Party, however, are intervening against McCormick to prevent those lawful, valid ballots from being tallied in the U.S. Senate primary and are attacking their own candidate, McCormick, for daring to enfranchise all Republican voters. On Wednesday, the state announced there will be an automatic statewide recount in the race, with about one-tenth of one percentage point currently separating the two leading candidates in the unofficial results. The official winner should be named by June 9.
  • Another midterm primary election held on the same day in Oregon, on May 17, has far worse problems. The closely watched U.S. House race in the state's 5th Congressional District between grassroots-supported Democrat Jamie McLeod-Skinner and conservative Democratic Rep. Kurt Schrader caused much excitement on Election Night, when McLeod-Skinner appeared on her way to unseating the incumbent Congressman. Then, with about 68% of the vote in, pretty much all of the counting stopped and hasn't moved much, if at all, since then.

    What happened? We're joined today by one of Oregon's longtime Election Integrity activists SHERRY HEALY --- co-founder of the California Election Protection Network, and, more recently, the Chair of the Oregon Democratic Party's Election Integrity caucus --- to explain the disaster in Clackamas County, OR which has held up the tally.

    As she details, a printing problem on the barcodes (used to identify party and precinct) on tens of thousands of the County's vote-by-mail ballots means they cannot be run through the computerized tabulation system. But, rather than count those ballots publicly by hand, the County's longtime beleaguered County Clerk, Sherry Hall (pictured above), decided that those tens of thousands of otherwise valid ballots should be "remade" by hand --- duplicated by election officials --- on separate ballot sheets so they can then be running through the optical scanners for tabulation.

    "This county clerk has a long history of bungled elections," Healy explains. "But this is the Hiroshima of botched elections." Healy details how Hall failed to adequately test the ballots for this problem after receiving them from the printer before sending them out to voters. Moreover, the decision to remake tens of thousands of ballots, rather than simply count them by hand, "imperils" the entire election, she charges.

    Healy calls Hall's decision "absurd" and "insane," explaining that a simple hand-count "would take less time and be more efficient and accurate" than recreating "in excess of 66,000" ballots.

    Hall, a Trump supporter elected to the job back in the Tea Party days about a decade ago, has a long history of problems in her office. Way back in 2012 we reported on an election official in Clackamas who was indicted on six felonies and two misdemeanors after she was found to have secretly filled in unvoted races for Republican candidates on incoming mail-in ballots.

    When Hall announced that the printing error on the ballots made them unscannable, she claimed that it was new deadlines adopted by the state legislature for the receipt of incoming mail ballots that would hold up her county's tally, as opposed to her own failure to test ballots before sending them out. More recently, she denied that she gave permission for a Schrader campaign observer to enter the counting room an hour early, before observers from the McLeod-Skinner campaign had arrived. Then security camera footage was obtained through a public records request revealing she had lied about that.

    It's unknown when the tabulation in Clackamas will finally be complete. The 5th Congressional District primaries on both the Democratic and Republican side remain uncalled, with just over 70% tallied in each almost two weeks after Election Day. (More have come in since air time today.) For now, McLeod-Skinner remains almost 15 points ahead of Schrader. But that could change. In the meantime, there are a whole lot of lessons to be learned from this entire mess, as we discuss with Healy today. (And, yes, Hall is also up for reelection this November.)

  • Finally, Desi Doyen joins us for our latest Green News Report, with some disturbing news about this year's hurricane season (it officially begins next week, buckle up). But she's also got some encouraging news about accountability for an upcoming climate fraud trial for ExxonMobil, and the Biden Administration's EPA putting what may be the final nail into the coffin on a longtime controversial proposed mining project in Alaska...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Cruz TX disbarment sought for 2020 steal efforts; GOP Sen. booed in WY; Young voters eager for 2022; Record majority for abortion rights...
By Brad Friedman on 5/19/2022 7:19pm PT  

What's the difference between a white supremacist mass murderer in Buffalo, NY and a GOP candidate for the U.S. Senate? Well, in terms of their racist rhetoric not a heck of a lot, it seems. That and many more reasons to both pay close attention and be skeptical of "conventional wisdom" regarding this November's critical midterm elections on today's BradCast, as American Democracy v. Violent Strongman Authoritarianism is most definitely on the ballot in every state this year. [Audio link to full show follows this summary.]

Among the stories underscoring all of that on today's program...

  • A number of the attorneys who helped Donald Trump try to steal the 2020 election have had their law licenses suspended or are facing permanent disbarment. One attorney who has yet to be held accountable in any way, however, is Sen. Ted Cruz, who volunteered to represent Trump in two different bogus election challenges before the U.S. Supreme Court; knowingly spread false claims of fraud; and then voted against certification of Joe Biden's Electoral College victory even after Trump's deadly insurrection at the U.S. Capitol. A bipartisan group is now hoping to change that. This week, they filed a complaint with the State Bar of Texas, seeking an investigation into possible disbarment for the sleazy Texas Senator/still-licensed attorney.
  • Speaking of sleazy still-licensed Texas attorneys, the state's chief law enforcement officer, Attorney General Ken Paxton now says he has been sued by the Texas State Bar for misconduct. Paxton has already been charged with several securities fraud felonies; is being investigated by the FBI for abuse of power and bribery after a federal criminal complaint by eight of his top former deputies; and brought a laughable case to the U.S. Supreme Court seeking to toss the 2020 election results in four states that were not Texas. It is for his help in trying to steal the election for Trump at SCOTUS that has resulted in the state Bar's lawsuit against him. Paxton is running for re-election anyway. On Tuesday he's in a runoff election with the state's Land Commissioner George P. Bush (the very Trumpy son of Jeb and nephew of the guy who made "one of the biggest Freudian slips of all time" at Southern Methodist University yesterday.) No sooner did Paxton get sued by the state bar then he turned around and opened an investigation into the Texas Bar Foundation for "facilitating mass influx of illegal aliens" --- ya know, the stuff that racist "great replacement" conspiracy theories are made of.
  • And speaking of the racist "great replacement" conspiracy theory, as repeatedly cited by the white supremacist domestic terrorist who murdered 10 and wounded 3 others in a Buffalo supermarket in a predominantly black neighborhood last weekend, a whole bunch of Republicans running for the U.S. Senate this year have been using nearly identical rhetoric to that racist murderer for a very long time. The once-fringe, now mainstream rightwing theory claims that Democrats are hoping to replace white American voters with immigrants, Jews and people of color to control the electorate with one-party rule. Or something. And, in the wake of Trump's embrace of white nationalism as President, AP highlighted a bevvy of mainstream GOP Senate candidates this year --- either running for reelection or for the party's nomination --- whose rhetoric on immigration directly echoes the same baseless, racist fear-mongering. Their list includes Blake Masters in Arizona; A.G. Eric Schmitt and disgraced former Gov. Eric Greitens in Missouri; GOP Senate nominee J.D. Vance in Ohio; and two-term U.S. Senator Ron Johnson of Wisconsin. The full list of elected and hopeful GOP officials who also espouse rhetoric shared by rightwing domestic terrorists is obviously much, much longer.
  • And speaking of domestic terrorists, the U.S. House passed the Domestic Terrorism Prevention Act (again) on Wednesday. All Democrats voted for it. Every Republican, except for retiring Illinois Rep. Adam Kinzinger, voted against it. Democrats vow to bring it up in the Senate next week. It may be a heavy lift over the undemocratic 60-vote filibuster threshold in the upper chamber. Too bad it wasn't called the Domestic Terrorism by Non-White People Prevention Act. It might have easily passed in both chambers, as most legislation related to terrorism that doesn't target white supremacists tends to.
  • And, speaking of extremism, on Thursday, the Oklahoma legislature passed a new law that, if signed by the Governor, would ban nearly all abortions starting at fertilization, which would make it the nation's strictest abortion law. It would also, in turn, make certain forms of birth control --- like IUDs, The Bill, Plan B, which don't necessarily prevent fertilization, but prevent implantation of a fertilized egg --- a form of "abortion" or, in Oklahoma, a homicide. More Republican-controlled states are likely to follow suit, despite the vast majority of Americans who support abortion rights. Please keep all of this in mind in November.
  • And, speaking of this November, polling last month from the Harvard Youth Poll suggests --- contrary to "conventional wisdom" --- that young voters are very eager to vote this year. The number who say they are "definitely" voting in the 2022 election is almost identical to the number who said same before the 2018 "blue wave" election. That could be good news for Democrats. Again, please ignore "conventional wisdom" in these decidedly unconventional times.
  • And, speaking of young people, even in deep "red" Wyoming, they don't dig attacks on LGBTQ+ people --- yes, even trans people --- as the state's U.S. Senator Cynthia Lummis found out the embarrassing way during a commencement address she gave over the weekend at the University of Wyoming. It took a while, but now she "apologizes" if she offended anyone with her remarks that were broadly booed during the speech at the school once attended by Matthew Shepard, the young gay man who was brutally beaten and left to die on a fence nearly 25 years ago. He became one of the namesakes of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.
  • And, speaking of civil rights for all --- and of keeping Big Government and the GOP's stolen and packed Supreme Court out of our bedrooms and doctor's offices --- support for abortion rights has reached a record high in a new NBC News poll following the leak of SCOTUS' draft opinion overturning Roe v. Wade and its 50 years of protection for reproductive rights. The poll also finds support for same-sex marriage (perhaps next on the chopping block after Roe's Constitutionally established right to privacy is killed) at an all time high, while approval for the High Court is at an all time, 30-year low in this particular poll.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Rev. Dr. William J. Barber, II; Kenia Alcocer of CA Poor People's Campaign; Also: The weekend's TWO mass shooting hate crimes; TWO Dems suffer strokes before Tuesday's primary elections...
By Brad Friedman on 5/16/2022 6:40pm PT  

On today's BradCast, after another brutal weekend of brutal news, we're delighted to be joined by two guests with some ideas on where to find hope and how to restore the nation's moral center --- if we can still find one. (If we ever had one.) [Audio link to full show is posted below this summary.]

First up today, we're delighted to be joined by Bishop WILLIAM J. BARBER, II of Repairers of the Breach and KENIA ALCOCER of the California Poor People's Campaign. Both were kind enough to join us just an hour or so before tonight's rally and march at L.A. City Hall, being lead by both groups. It is part of their "National Call for Moral Revival" in advance of next month's "Mass Poor People's & Low-Wage Workers' Assembly and Moral March on Washington and to the Polls," on June 18th.

Sadly, we begin with Barber's response to horrific hate crime near Buffalo, New York on Saturday, where an 18-year old white supremacist, geared up with semi-automatic weaponry and body armor shot and killed 10 and wounded three others at a neighborhood supermarket. Eleven of those shot were black, as the shooter drove some 200 miles to target members of the predominately black neighborhood in upstate NY. That shooting wasn't the only hate crime mass shooting over the weekend, unfortunately.

"The question is, who radicalized them? Where do they get radicalized from?," asks Barber. (We discuss that a bit later in the show as well, see below.) "The way public policy is framed, people saying 'If you give people health care it will destroy the country. If you give people a living wage it will undermine and take things from you.' That language, 't will take things and destroy people's lives,' gives people, too often, the license to do awful, hideous, evil and deadly things."

"We must challenge it," he says. "Which is one of the reasons we are calling people for the coming together of all of us on June 18th, for love, for justice for truth, forward progress in this country to address 5 interlocking injustices: systemic racism, systemic poverty, ecological devastation, denial of healthcare and the war economy, and to challenge the false moral narrative of religious nationalism and white supremacy. We must do these things united, together, and no longer separately and in individual silos."

We also discussed, with both Barber and Alcocer, the reason and hopes for tonight's rally at City Hall and the major event scheduled for next month in D.C.; the plight of poor and low-income Americans even before COVID made everything worse; why the corporate media (and both major political parties) tend to ignore the poor of all colors; whether or not protests and marches still matter; and why voting still matters despite --- or, perhaps, especially --- given all of the above.

"Everything is so interconnected that we need to fight everything today and now," Alcocer explains. "And talk about the vote in a way that's inspiring, where people turn back and say 'I vote and nothing happens.' We're voting, but we're also making the work on the ground to make sure that those votes are not the ONLY things that we're doing. We're also organizing on the ground. We're creating our own survival projects. We're coming together and fighting back for our rights."

Barber, who founded the critical Moral Mondays movement of protests and marches in North Carolina beginning in 2013 says that, yes, protests still matter. "But it's not just the march itself. It's not one day, it's a declaration. You're not going to do just one march --- you have to be consistent." He cites four years of Moral Monday in NC as helping to highlight and push back against extremism by the state's elected officials. "We are saying there must be a moral reset, there must be consistency, there must be a willingness to engage in non-violent marches but also non-violent actions, and maybe even necessary civil disobedience when that time comes."

He discusses the under estimated voting power of poor people who now make up 32% of the national electorate as "the greatest sleeping giant in this country." Barber tells me "it's not about doing one thing, it's about consistency. June 18th is a declaration, not a day. It's a movement, not a moment."

"Nothing we have ever won in this country from a progressive standpoint ever happened just because of one march or one instant. You have to stay there, and stay there, and stay there, and keep on and keep on, and break through that way. It can't be a sprint, it has to be a marathon," he adds.

Also today, some news on tomorrow's midterm primaries in Kentucky, Oregon, Idaho and Pennsylvania, particularly the battle for the soon-to-be-open U.S. Senate seat in PA, where Republican Sen. Pat Toomey is retiring. On that, there were several pieces of major news this weekend. One is that Lt. Gov. John Fetterman, the leading Democratic candidate for the Senate nomination, suffered a stroke on Friday. He said over the weekend, however, that he is "feeling much better," that doctors told him he "didn't suffer any cognitive damage", and that he is on his way to "a full recovery". The 52-year old Fetterman vowed: "Our campaign isn't slowing down one bit, and we are still on track to win this primary on Tuesday, and flip this Senate seat in November."

Incredibly, Fetterman wasn't the only prominent Dem to suffer what was hopefully a minor stroke this weekend. Maryland's U.S. Sen. Chris Van Hollen said Sunday that he has been told by doctors that there will be no long-term effects or damage from a "minor stroke" he also suffered over the weekend.

On the GOP side of the PA contest for the U.S. Senate seat, regarded as one of the Democrats' best chances to flip a Republican seat, far-right QAnon-supporting, election-denying, insurrection-attending Kathy Barnette is said to be surging and now in a statistical dead-heat with the Trump-endorsed TV doctor, Dr. Mehmet Oz. So a Republican who his even Trumpier than the Trump-endorsed candidate could become the GOP nominee on Tuesday.

Finally, we spend some time on the weekend's two mass-shooting hate crimes. News broke late today here in Southern California that the suspect at the Sunday shooting at a Laguna Woods church was a 68-year old Chinese immigrant from Las Vegas who was believed to be targeting the Taiwanese immigrants meeting for Sunday services and lunch at the Geneva Presbyterian. That church has been hosting services for the Irvine Taiwanese Presbyterian Church for the past decade. One man was killed and others --- including an 86-year old woman and four men aged 66, 92, 82 and 75 --- were also wounded. But law enforcement officers says that "extraordinary heroism" by members of the congregation, who hog-tied the man with an extension chord after the pastor struck him with a chair while he was reloading one of two guns --- prevented much more carnage, with some 40 parishioners in the building at the time.

In the New York massacre, the killer was reportedly a white nationalist who had recently published a 180-page, hate-filled manifesto, frequenting citing the racist, far-right, so-called "Great Replacement" theory that, in the U.S., claims Democrats are trying to replace white American citizens with immigrants, Jews and people of color. It's the theory espoused by the neo-Nazis in Charlottesville back in 2017 who chanted "Jews will not replace us!" (Trump called them "very fine people") and by folks in Rightwing media like Tucker Carlson at Fox "News". A study by the New York Times discovered some 400 instances where Carlson has forwarded the theory.

"I know that the left and all the gatekeepers on Twitter become literally hysterical if you use the term ‘replacement,’ if you suggest the Democratic Party is trying to replace the current electorate, the voters now casting ballots, with new people, more obedient voters from the Third World,” Carlson said on his show last year, by way of just one example. "But they become hysterical because that’s what’s happening, actually, let’s just say it. That’s true."

Unfortunately, it's not just Carlson. It's also elected Republican officials like Rep. Elise Stefanik of upstate NY, the third-ranking member of GOP House Leadership, who last year ran an ad campaign on Facebook espousing the same hateful conspiracy theory, charging "radical Democrats" were planning to "grant amnesty to 11 million illegal immigrants [to] overthrow our current electorate and create a permanent liberal majority in Washington." Her hometown paper in Albany described the ads as "despicable"...

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Guest: Omar Ocampo of Inequality.org: Also: NE, WV primary results and who cares what they mean for Trump?; Senate abortion vote; Federal court ruling on semi-automatic weapons sales to children in CA...
By Brad Friedman on 5/11/2022 6:35pm PT  

Today on The BradCast: Sure, the supply chain was, and occasionally still is, a problem. So is Russia's war on Ukraine, obviously. But it's the greed of billionaires and the cowardice (or corruption) of public officials to do anything about that greed in this country that must be turned around in order to save the U.S. [Audio link to full show is posted below this summary.]

But, first, speaking of corruption...New numbers out today from the Labor Department suggest that inflation may have peaked before April. As the Times alerted today, "Inflation moderated slightly in April, though the 8.3% annual gain in U.S. consumer prices remained uncomfortably high." As AP trumpeted in its breaking news iPhone alert: "U.S. inflation slowed slightly last month, a tentative sign that prices may be peaking while still imposing a financial strain on American households." Reuters: "U.S. consumer price growth slowed sharply to 0.3% in April, suggesting that inflation may have peaked." They were all similar....Well, except for Fox "News": "Inflation higher than expected in April, holding near 40-year high."

And you wonder why Rightwingers are so angry? It's still the Fox "News", stupid.

And speaking of stupid...Midterm primaries were held in Nebraska and West Virginia on Tuesday. (Happily, unlike in Ohio last week, we saw no reports of voting problems or voting system breakdowns, so far.) As you may have noticed, pretty much every news report about Tuesday's results focused on what they mean for Donald Trump and his party and the candidates he endorsed. The incumbent U.S. House member that Trump endorsed in WV who ran for the GOP nomination against another incumbent U.S. House member who voted for Joe Biden's bipartisan infrastructure bill won on Tuesday. Kingmaker Trump's power over the party is still strong! But the 8-time accused sexual harasser that Trump endorsed and stumped for in NE's GOP Gubernatorial primary lost. Trump's influence may be faltering!

As we discuss today, that framing by the corporate media --- reporting on these critical elections through the lens of Trump --- is wildly unhelpful and ill-serves the public at a time when democracy itself is on the line this November (and in 2024). It's not about Trump. He's already captured and broken the party. And that is true if he drops dead tomorrow and Ron DeSantis --- or anyone else --- takes his place. The damage is done. So, how can we fix it? Much more on that on today's show.

And speaking of failures all around... as the nation's death toll from COVID hits a staggering 1 million... The nation's corporations and rich people are doing just fine, thanks.

Big Oil continues to raise prices at the pump for consumers by pretending that its caused by post-pandemic supply chain issues and the war in Ukraine, even as they continue to rake in record profits (not revenue, but profits) in recent months. The profiteering --- under the guise of supply chain-induced "inflation" --- is also seen in other industries, of course, including the food industry, as well as the apparel business. In their latest reports on the industry profiteering, Accountable.us President Kyle Herrig appropriately derides "the industries most unapologetic about charging their customers more during a fragile economic recovery, apparently just because they can." And they can, because we let them develop monopolies and near-monopolies so there is little or no price competition left in the "free market".

And then there are the the nation's 727 billionaires whose growth in net worth over the two-plus years of the pandemic --- while you were struggling to stay employed, housed and fed --- is up $1.71 trillion from March 2020 to May 2022. That's a gain of more than the entire annual GDP of Canada for just those 727 U.S. billionaires. The biggest winner seems to have been Elon Musk, whose personal wealth was valued at just under $25 billion in March of 2020. Now, after two years of a pandemic economy, his wealth is said to be $255 billion as of the beginning of this month.

How did that happen? Why did that happen? What can and should be done about it? And does anyone in D.C. --- any one, from any party --- have the courage and ability to lead the nation to do anything about it?

All of those questions and more are answered today by our guest, OMAR OCAMPO of the Institute for Policy Studies' Program on Inequality and the Common Good, who asks today, "What about the rest of us? The median income, comparing 2020 to 2021, for your average U.S. worker has actually decreased by $2,000. And our median household wealth, comparing 2019 to 2001, has actually decreased. So yes, when you look at it by income or wealth percentile, it has been the top 10%, but especially the top 1%, that have seen impressive gains."

Ocampo helps explain how it happened, and what steps can and must be made to reverse this obscene continuing trend. Among the policy ideas discussed --- several of which have long been pushed by members of the progressive caucus in Congress --- a wealth tax on the assets of the richest Americans; partial student loan forgiveness; establishing a federal Commission on Profiteering, empowered with the ability to claw back some of what has been robbed from American consumers; strengthening organized labor and democracy itself.

And, yes, he explains, that will mean voting for more Democrats in Congress and at all levels of government. Hopefully good ones. Or this is going to continue to get much, much worse.

"The Republicans, from an ideological perspective, they are not interested in having some type of government intervention in order to solve societal problems," Ocampo charges. "They normally pivot towards philanthropy. But now is not the time to pivot to philanthropy, mainly because philanthropy does not scale, and it also denies public accountability for social problems or things that have to deal with the public good. So issues that affect the public should involve public input, and it should be carried out by democratic institutions."

"Economic inequality translates into political inequality. And the greater your material resources, the greater your access to participate in the state," he tells me. "This is very detrimental to democracy, because it makes the democratic institutions unresponsive to what the majority wants. The majority wants increased taxes on the wealthy, but it never seems to happen. That's probably because of their influence they have on both political parties."

"Elections matter, and to alleviate, especially in the short term, it would be best to elect Democrats. Because there is a section of the Democratic Party, specifically those that self-identify as progressives, who care about wealth inequality and know that it has distorting effects across our whole society."

Finally today, speaking of things getting much worse... Democrats held a show vote in the U.S. Senate to codify abortion rights (the Constitutional freedoms about to be taken away by the stolen and packed U.S. Supreme Court) after the Women's Health Protect Act was already passed by Democrats in the House. As expected, all Republicans and Joe Manchin voted against it, so the measure failed to reach the 60 votes necessary to do almost anything in the undemocratic Senate.

And, also breaking during today's program, an insane, corrupted federal appeals court in California decided that the state's law restricting the purchase of semi-automatic firearms to those 21 or older is a violation of the Constitution's 2nd Amendment. So, yup, apparently 12-year olds in CA can now buy semi-automatic weapons! Have fun, kids!

Did I mention we need more democracy and fewer corrupted federal judges? Yeah, that also comes with voting. Please get busy. Thanks...

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Guest: FSFP's Const'l law expert John Bonifaz with court updates on ballot eligibility challenges to 'insurrectionist' candidates in GA, AZ, NC; Also: Leaked SCOTUS 'Roe' opinion shaking up midterms...
By Brad Friedman on 5/10/2022 7:00pm PT  

I guess I'll have to keep saying it damn near every day on The BradCast between now and November (and probably for the next two years thereafter, at this rate), but anyone who tells you they know what's gonna happen in his year's elections, is just making it up outta whole cloth. Everything is changing every single day and all of it is going to effect what happens next. [Audio link to full show follows below.]

For example, before we get to our guest today, some quick news on the fallout from the stolen and packed U.S. Supreme Court's likely plan to overturn 50 years of freedom for American women's healthcare by overturning the Constitutional right to an abortion established in 1973's Roe v. Wade.

The news has been so alarming to so many that even Sen. Bob Casey (D-PA), a long time "pro-lifer", now says he plans to vote for the Women's Health Protection Act in the Senate this week to codify abortion rights into federal law. At the same time, new polling taken last week, after the leak of Alito's draft majority opinion that would overturn 'Roe', finds both good and suggestively helpful news for Democratic candidates paying attention.

The poll from Yahoo News/YouGov finds, once again, that a large majority of Americans do not want Roe overturned. More importantly, for democracy itself, voters in the survey support a generic Democratic over a generic Republican on their Congressional ballots by a 5-point margin (44% to 39%). But here's where the polling is really enlightening: "[W]hen voters were asked to choose instead between a 'pro-choice Democrat' and a 'pro-life Republican,' GOP support fell to 31% while Democratic support held steady --- more than doubling the gap between the two candidates, to 13 percentage points."

Got that, Dems?

That's just one of too many wildcards between now and November that make any sort of punditry largely useless. Another one? Well, Donald Trump's former Sec. of Defense Mark Esper was on Fox "News" this week confirming to Brett Baier that, yes, given the events of January 6th, 2021 and some other stuff, he believes "Donald Trump was a threat to democracy." Ouch.

Speaking of the January 6 insurrection and threats to American democracy, we're joined once again today by Constitutional law expert JOHN BONIFAZ, President and co-founder of Free Speech for People (FSFP), the non-profit, non-partisan good governance group helping voters to challenge the eligibility for reelection of elected officials who have "engaged insurrection" in violation of the Constitution's "Insurrectionist Disqualification Clause" (14th Amendment, Section 3).

Bonifaz was with us several weeks ago following the sworn testimony of challenged Georgia Republican Rep. Marjorie Taylor Greene, who hedged and/or lied and/or "can't recalled" her way through questioning before an Administrative Law Judge in Atlanta. Greene claimed she couldn't remember whether she suggested that Trump invoke Martial Law (she did), whether she said Nancy Pelosi was "a traitor to the country" (she did, and admitted as much after it was clear that FSFP's attorneys questioning her had the video evidence), or that she even opposed the peaceful transfer of power on January 6th (yup, she did that on video too.)

On Friday, the state Administration Law Judge who oversaw the hearing, Charles Beaudrot, released his decision in the case, recommending that GA's Republican Sec. of State Brad Raffensperger not disqualify Greene from the ballot for lack of evidence from the challengers. But Beaudrot's 19-page decision [PDF] --- and Raffensperger's subsequent rubber stamp [PDF] --- "betrays the fundamental purpose of the Fourteenth Amendment’s Insurrectionist Disqualification Clause and gives a pass to political violence as a tool for disrupting and overturning free and fair elections," said FSFP in response. Bonifaz, today, describes major legal errors that he says must be reversed.

For example, Beaudrot completely ignored the evidence of text messages Greene sent to Trump's then Chief of Staff Mark Meadows on invoking Martial Law and Greene's own video on social media declaring, "you can't allow it to just transfer power peacefully, the way Joe Biden wants, and allow him to become our President."

Beaudrot "treats her as a credible witness," in his decision, charges Bonifaz, with "nothing about her as a witness who is not credible on the stand under oath, saying she couldn't remember, couldn't recall more than 80 times. Then you add that to the fact that days after her testimony, the revelation of the text she sent to Mark Meadows, where she did in fact advocate that Trump impose martial law to stay in power."

On top of that, he explains, the Judge also offers yet another reason to appeal. "The Georgia Supreme Court stated that, under Georgia law, 'The entire burden is placed upon the candidate to affirmatively establish their eligibility for office.' That's what the law is. [But] days before this hearing began, [Beaudrot] shifted the standard --- he reversed the burden of proof, and said it was not going to be on the candidate, it was going to be on challengers, contrary to that Supreme Court ruling."

FSFP is appealing the decision on behalf of the voter challengers they represent in GA's 14th Congressional District to Fulton County (Atlanta) Superior Court. "That's going to be before one judge. If we prevail, I'm sure Greene's attorneys will appeal to the state supreme court." Bonifaz says they plan to make every challenge possible through both the primary and general election, if necessary.

"We are not, on our end, giving up in any way," he vows. "The evidence is overwhelming that Marjorie Taylor-Greene engaged in insurrection, that she's disqualified, and our clients want us to proceed --- the voters in her district who are courageous to stand up on this --- they have been done an injustice by Judge Beaudrot."

The Greene case in GA is not the only challenge to alleged insurrectionist candidates for office. FSFP also challenged the eligibility of Rep. Madison Cawthorn in North Carolina, where a federal Appeals Court judge was seemingly stunned last week by his defense attorney's claim at their hearing that, yes, a 12-year old could run for Congress and nobody in the state could challenge that Constitutional deficiency, that it would be solely up to Congress to determine who is eligible to be seated as a member. A ruling from that 3-judge appellate panel is due soon.

And in Arizona, where the indefatigable FSFP is representing voters challenging the candidacies of Reps. Paul Gosar and Andy Biggs, along with AZ State Rep. Mark Finchem, the Trump-endorsed Republican running for Sec. of State this year, the state Supreme Court on Monday denied the right for voters to challenge candidates at all based on the Insurrection Disqualification Clause. They determined [PDF] that "no private right of action exists under the United States Constitution or Arizona law" to challenge candidates under the 14th Amendment and that "the Constitution reserves the determination of the qualifications of members of Congress exclusively to the U.S. House of Representatives."

Bonifaz disagrees, but concedes the group is out of court options in the state. However, he explains, the Secretary of State has the final word on ballot eligibility. In this case, that would be Democrat Katie Hobbs, who they've asked to disqualify the candidates. While that might otherwise be encouraging news, it should be noted that Hobbs is also on the ballot this year running for Governor. That could restrict her political options in a matter like this...but we'll see. But credit to FSFP for fighting as hard and as long as possible!

And, yes, Bonifaz tells me, the group intends to bring challenges, on the same Constitutional basis, against Donald Trump if he runs again in 2024. "Absolutely," he vows.

Finally, Desi Doyen joins us for our latest Green News Report, as "unprecedented" wind and heat in New Mexico are fanning out-of-control wildfires across the state, endangering thousands of homes and other structures. Also, wildfires in Russian Siberia are out of control as the military, which usually tensd to them, are otherwise occupied of late fighting Putin's war on Ukraine. But she's got some good news too, about cow burps! That alone may be worth tuning in for!...

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Convicted election fraudster D'Souza makes a pretend documentary on 2020 election fraud; Also: Actual white GOP voter fraud criminal gets no jail time for voting twice; Plus callers!...
By Brad Friedman on 5/9/2022 6:14pm PT  

On today's BradCast: The lengths Donald Trump's supporters will go to to justify his sore loser attempt to steal the 2020 Presidential election is amazing. Now they've got a pretend documentary in hundreds of actual movie theaters which turns out to prove nothing. All of it, naturally, is nonsense. We explain why today. [Audio link to full show follows this summary below.]

Folks on the right were celebrating on social media over the weekend in the wake of the release of a film named (somewhat offensively) 2000 Mules. It was somehow released into more than 250 theaters across the nation last week. The film was made by Rightwing activist Dinesh D'Souza, who pleaded guilty to federal election fraud crimes back in 2014 --- before being pardoned for them by Trump in 2018. That's the guy who has now made a "documentary" claiming millions of votes were stuffed into absentee ballot drop-boxes in swing states to steal the election for Joe Biden in2020. Sounds legit.

The claim is made along with fellow GOP "voter fraud" fraudsters from a long-discredited Texas group named True the Vote. Apparently, the group paid millions to obtain publicly available, anonymized cell phone geolocation data that purportedly shows where cell phones were from October 1 through Election Day in 2020. Using that data, TTV claims in the film that thousands of so-called ballot "mules" were being paid by unnamed non-profit organizations (why didn't they name them?) to collect illegal ballots for Joe Biden and deliver them into ballot drop boxes in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.

If all of this sounds absurd, it's because it is. The data can't actually be tied to any voter --- and is only accurate to about 100 feet, according to experts --- meaning that anytime someone drove past a drop box, or walked passed it (the drop-boxes are often placed in high traffic areas) on their way to and from work or something, they are a "mule" for stuffing ballot boxes for Joe Biden! Sorry about that delivery guys and mail men and election workers and students who just happen to walk or drive by each day on their way to classes! You're all now "mules" for Biden!

Who paid all of these "mules"? And how did this conspiracy involving tens of thousands of people stay so quiet without any participants blowing the whistle? And what actual, ya know, evidence do D'Souza and True the Vote have that crimes were actually committed here? Well, that's where it gets a bit dicier. And, by dicier, I mean made up out of whole cloth with no actual proof of anything whatsoever. But they have video of people dropping ballots into those drop-boxes! (Which, of course, is perfectly legal. In most states, folks can delivery ballots of family members and disabled voters, etc. Perhaps that's why the filmmakers thought it wise to blur out the faces of those voters?) There seems to be no actual proof of crimes here, including who supposedly paid these people (or even that anybody was paid at all!)

Still, it was enough to cause easily-duped Rightwingers to become very excited about over the weekend, as the #2000Mules hashtag trended on social media. So today, we debunk the nonsense in some detail with an assist from AP, who finds "gaping holes" in the film's claims, and from Greg Palast, who explains the "belly laughs" provided by the film's "proof" of fraud.

"D’Souza’s charge is mind-blowing. He claims that there are as many 54,000 mules that were organized and paid in at least five big cities. In Fulton County (Atlanta), he tells us 92,670 ballots were stuffed illegally into drop boxes," Palast reports. "That’s astonishing --- because there were only 79,000 ballots cast in drop boxes in Fulton County!"

"And in Detroit, it was worse," he adds. "'Mules' stuffed 226,590 ballots into Detroit area drop boxes --- way more than the total number of all mail-in ballots --- about three times the number of ballots in drop boxes."

Of course, none of these facts kept Trump from holding a fancy premiere screening at his Mar-a-Lago club in Florida and declaring the pretend documentary exposed "great election fraud"! It's all so ridiculously silly, that we'd rather ignore it. But since it's in 270 theaters, brought in a million bucks on its first day, and has a bunch of duped wingnuts declaring they finally have "evidence" that the election was stolen in 2020...it seemed a good idea to help you understand this latest con so you can explain it to your duped friends, families, neighbors and co-workers in turn when they shout "2000 Mules!" at you in the days ahead.

As to actual election fraud (not unlike the type that the filmmaker D'Souza admitted to committing), last week a women in Arizona was sentenced on voter fraud charges after being convicted by the state's Republican Attorney General. She cast two ballots in 2020, one for herself and another for her dead mother. They were both Republicans. And when interviewed by investigators she claimed she didn't do it, but was certain that massive voter fraud was definitely going on and that the criminals who do it should be locked up!

Well, the nice white Republican voter fraudster woman was found guilty and, despite the prosecutors asking for at least 30 days in jail, the judge let the woman, 64-year old, Tracey Kay McKee --- who knew she was violating the law and then lied to officials about it --- off the hook with probation, some fines and community service.

Compare her case to Crystal Mason's --- a black mother of three in Texas --- who had the book thrown at her last year. She was on federally supervised release from jail and was never told she couldn't vote while on release. When she went to her precinct to vote, she was told she was no longer on the rolls. A helpful poll worker directed her to fill out a provisional ballot, which she did. The ballot was never tallied, but Mason was subsequently sentenced to five years in prison last year for attempting to vote while on supervised release when she believed she could do so legally. That'll teach her to be black and to try to vote in this country!

We've got some time for a few quick calls at the end of today's show too. Enjoy!...

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More of a collection that reflects a future for women who'll be forced to become mothers as a result of someone else's edict...
By PDiddie on 5/8/2022 6:30am PT  

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Guest: Salon's Heather Digby Parton; Also: New jobs under Biden blow away records; Trump wanted to bomb Mexico, says his former SecDef...
By Brad Friedman on 5/6/2022 6:32pm PT  

On today's BradCast: The five Republican Supreme Court Justices who were revealed this week to have voted to overturn the well-settled law of 1973's landmark 'Roe v. Wade' and the Constitutional freedoms it guaranteed for the right to privacy and reproductive healthcare, all appear to have lied about their positions on well-established precedent during their Senate confirmation hearings. And now Republicans are running for cover and Democrats are trying to figure out how to respond. All of which is shaking up "Conventional Wisdom" about this November's midterm elections. [Audio link to full show follows this summary.]

Before we get there with our guest today, however, some quick news. The Labor Department reported on Friday that 428,000 new jobs were added, beating economists' expectations for the month once again. Unemployment remains near a 50-year low and hourly wages are now 5.5% higher than they were a year ago. The U.S. economy has now regained nearly 95% of the 22 million jobs lost during Trump's mishandled pandemic, according to the New York Times, and Joe Biden's jobs numbers continue to smash all-time Presidential records with 12 straight months of job growth higher than 400,000. That has never happened since recording keeping of national jobs numbers began in 1939.

As Steve Benen observes, "Over the course of the first three years of Donald Trump’s term --- when the then-Republican president said the United States’ economy was the greatest in the history of the planet --- the economy created roughly 6.5 million jobs. This includes all of 2017, 2018, and 2019." That was all before the pandemic. Meanwhile, since Biden took office in January 2021, just 15 months ago, 8.8 million jobs have been created, "well above the combined total of Trump's first three years."

And the news of Trump's disastrous reign continues to pour out from the memoir, to be published next week, from his former Secretary of Defense, Mark Esper. Earlier in the week, we learned Trump wanted soldiers to shoot Black Lives Matter protesters in the street following the police murder of George Floyd. Last night, the Times' Maggie Haberman reports that Esper's book details Trump's repeated suggestion in 2020 that the U.S. bomb our southern neighbor. He wanted to "shoot missiles into Mexico to destroy the drug labs," and then lie about it to the public, says Esper. "We could just shoot some Patriot missiles and take out the labs, quietly," Esper reports Trump as telling him, "no one would know it was us." He made that suggestion twice, to a stunned Esper.

Trump's last Senate-confirmed SecDef also reveals that a member of the Joint Chiefs of Staff began researching the 25th Amendment to remove Trump from office after being shaken by his erratic behavior during a meeting on China in May of 2020. There's more. Tune in for it.

NEXT, we're joined by our old friend HEATHER DIGBY PARTON, award-winning opinion and analysis journalist from Salon and Digby's Hullabaloo to help us make sense of all of the considerable fallout following this week's stunning leak of a SCOTUS majority draft opinion that would overturn 'Roe v. Wade' in its entirety.

Among the related points discussed: Parton's take on the on draft opinion itself; why it may have been leaked; the GOP's "big tell" reaction revealing "that they weren't really prepared" for this in advance of an election they thought they had in the bag; and the need for Democrats to coalesce around a message in solid response to the unprecedented removal of freedoms for Americans which will not stop with abortion.

Digby also shares thoughts on the show vote that Dems have scheduled for next week to codify 'Roe' into law, even though its certain to fail, if only because they won't be able to wrangle the votes needed to overcome a GOP filibuster or to waive the 60-vote requirement in the U.S. Senate. (Remember: Republicans voted to do away with the filibuster for Supreme Court Justices when they packed the Court with the lying Justices Gorsuch, Kavanaugh and Barrett during the Trump Administration.)

But Parton would also like to see a series of separate votes on related matters to get all members on record. For example, a law that establishes "that you're not allowed to punish women for any pregnancy-related crime" and one that would protect abortion in cases of rape or incest. "Are you for rape?' Get them on the record," she advises. "If you want to raise awareness about what these people are really talking about, maybe you need to get more explicit about it."

Also, we discuss my belief that buying into the Conventional Wisdom emanating from the corporate media which presumes Dems will take a shellacking this November is a huge mistake in these decidedly unconventional times.

FINALLY today, Desi Doyen's got our latest Green News Report, on the EU's plan for a Russian oil embargo; CA's investigation of Big Oil lies about plastic recycling; and plummeting levels at western reservoirs leading to unprecedented water cuts and revealing...wait for it...long dead bodies.

Enjoy!...

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Guest: Jordan Zakarin of Progress Report and More Perfect Union; Also: The Obamas on SCOTUS scheme to gut Roe's Constitutional freedoms; Big Oil's record profits and wartime profiteering...
By Brad Friedman on 5/5/2022 6:43pm PT  

It's been another rough week in these United States and, in turn, on The BradCast. The War in Ukraine, the corrupted Supreme Court stealing freedoms from Americans, the stock market roller coaster, COVID deaths topping 1 million and beginning to rise again, along with the nation's expanding far-right authoritarian movement. But there has been at least one bright spot of late, which we're happy to spend some time covering today. [Audio link to full show is posted at the end of this summary.]

First, however, following Justice Samuel Alito's leaked draft majority opinion [PDF] that would end the Constitutional freedom for a woman's right to an abortion, subsequently mandating forced pregnancies, even due to rape and incest, in many states, the Obamas, Barack and Michelle, released an eloquent and important statement this week.

They focus on Roe v. Wade's recognition "that the freedom enshrined in the Fourteenth Amendment of the Constitution requires all of us to enjoy a sphere of our lives that isn't subject to meddling from the state --- a sphere that includes personal decisions involving who we sleep with, who we marry, whether or not to use contraception, and whether or not to bear children." If Roe is overturned, they explain, all of those so-called "unenumerated" Constitutional rights, established by the courts through decades of precedent, will all now be vulnerable to dismantling by the GOP's packed and stolen SCOTUS. They would soon be left to Big Government whims of the far Right.

Their statement also urges that it is important not to "feel helpless" in light of all of this or feel "there's nothing any of us can do." They note, as we often do, that "elections have consequence" and, "in the end, if we want judges who will protect all, not just some, of our rights, then we've got to elect officials committed to doing the same."

NEXT, we turn to a bit of brighter news amid so much darkness, about American working men and women finally standing up for themselves to organize at companies both big and small. There has been awe inspiring activity across the country in recent weeks and months to establish labor unions for collective bargaining by workers at huge, anti-union companies like Amazon and Starbucks and others.

We're joined to discuss this hopeful surge in working class Americans --- from the Right and the Left --- standing up for their labor rights by JORDAN ZAKARIN, publisher of the Progress Report newsletter and contributor to More Perfect Union. His great newsletter (worth subscribing to!) focuses on all things progressive, including "fact-based advocacy, and the voices of people organizing on the ground." This week, as we discuss today, he rounded up many of the encouraging union activities happening around the country in a piece headlined "A May Day of Momentum."

Among the points discussed, how Amazon, "known as an unbelievably abusive employer" has spent millions to defeat union drives, deploying their "union-busting handbook". Nonetheless, there was a recent historic victory by the underdog crowd-funded Amazon Labor Union last month that established the company's first union facility in the U.S. in Staten Island, New York.

Then there's Starbucks, where more than 50 shops have become unionized in recent weeks. There are several thousand more to go. But, Zakarin reports today, "it's much easier for them to do small, tight knit units of people that stick together" with unionization elections at each shop, rather than entire regions at once, as Starbucks CEO Howard Schultz would prefer.

We discuss recent successes at Kellogg's in Michigan, where their VP of Labor Relations was caught on tape describing union negotiators as "terrorists", and at Delta, the only major non-unionized airline, where, until workers there began to organize for a union vote, flight attendants were only paid for time in the air, not for the hours spent boarding and deplaning passengers!

"We're constantly finding that conditions are even worse than we expect," at such companies, says Zakarin. But "people are starting to stand up and walk out" in protest of lousy wages and horrible working conditions at many of these companies. "The more that people start to organize, the more it galvanizes others," he explains. "It really is a spark that catches. It's been really inspiring to see."

Zakarin also offers his insight on hearings held today in the U.S. Senate's Budget Committee, chaired by Sen. Bernie Sanders (I-VT), focused on withholding federal contracts from non-union companies; why this surge in union activity is now occurring; and whether or not he agrees with some who say that Joe Biden is the most pro-union President since FDR.

FINALLY today, news that oil giant Shell enjoyed their most profitable quarter in history, bringing in more than $9 billion dollars in pure profit while their post-pandemic and war-time profiteering pays off for them at the pump. Shell --- like ExxonMobil, BP, Chevron (which is also fighting its union workers) and all of the other oil majors --- continues to raise prices on consumers while pretending that it's Russia's war in Ukraine that is forcing them to bilk customers with higher and higher prices.

And, oh yeah, we finish up today with a bit of listener mail...

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Guest: Attorney Jessica Mason Pieklo of Rewired News Group on leaked Court opinion to end reproductive freedom by overturning 'Roe v. Wade'...
By Brad Friedman on 5/3/2022 6:11pm PT  

You've heard the stunning news from the GOP's packed and stolen Supreme Court by now. But whatever you have heard, it's likely even worse than that, as explained on today's BradCast. [Audio link to full show follows below.]

For years in the U.S., polling has found that huge majorities of Americans oppose overturning Roe v. Wade, 1973's landmark, 7 to 2 SCOTUS opinion (with five Republicans voting in its majority), establishing the now, long-settled Constitutional right to abortion services in all 50 states. Polling released today from just last week confirms Roe's popularity, with approximately 2 to 1 majority support across the country.

On Monday night, however, Politico published an unprecedented leak of a 98-page draft opinion written by Justice Samuel Alito, on behalf of a reported 5 to 4 Court majority, that would completely overturn Roe and a number of other rulings that had further affirmed it more recent years.

Unless one of the Justices decides to change their vote between now and the final release of the opinion over the next two months, it will then be left to states to decide whether they wish to allow women the right to have the procedure. In nearly two dozen states, it will immediately become unlawful if the draft majority opinion is published. In Texas, for example, "The second Roe is struck down, it will be a first degree felony --- punishable by life in prison --- for a Texas doctor to perform an abortion for a woman who was raped and impregnated by a family member."

As terrible as that is, it could get even worse. Earlier rulings that helped establish the right to reproductive freedom for women, and several that came after Roe, would then be teed up to be overturned as well by the radical Rightwing activists now packed onto our SCOTUS. Rights to purchase contraception and for same-sex marriage could also be overturned, just to name two such "unenumerated rights" that, like abortion, have been established by the Court even though they are not specifically named in the Constitution.

And for those who have been conned by the same liars who said claimed Roe would never be overturned, that the GOP didn't really want that to happen, who are now being told that overturning Roe would simply leave it to states to decide whether or not women are allowed to enjoy personal liberty, there is already a national movement afoot to ban abortion at the federal level. If Roe is struck down, as now appears almost certain, all it will require is a GOP majority in each chamber of Congress and a Republican in the White House to turn the clock back 50 years in all 50 states.

Lots to discuss today, obviously, including the dishonest remarks Samuel Alito offered during his 2006 Senate confirmation hearings before he was granted his lifetime appointment, when he lied in his answer as to whether he believed Roe to be settled law. Also, regrets today --- apparently, they have a few --- from theoretically pro-choice Republican Senators Susan Collins of Maine and Lisa Murkowski of Alaska. Both previously said they were convinced by Trump's anti-choice nominees to the High Court --- Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett --- that Roe would remain in place. So, they each supported Trump's nominations, even after Mitch McConnell blew up the filibuster rule for lifetime appointments to the Supreme Court in order to pack them onto it. In Barrett's case, she was seated just eight days before the 2020 Presidential election, after Republicans refused to even allow a vote on Barack Obama's nominee for a year following the death of Antonin Scalia in 2016.

We're joined today by attorney and former law school teacher turned journalist and podcaster, JESSICA MASON PIEKLO, Executive Editor of Rewire News Group. She last joined us on the program back when Kavanaugh was similarly lying his way through his own confirmation hearings.

She predicted in June of 2021 --- when the Court first took up Dobbs v. Jackson Women's Health Organization, the case now being decided by the Court, the Mississippi case seeking to ban abortions after 15 weeks, in violation of Roe --- that SCOTUS was preparing to overturn Roe entirely. "This is the Supreme Court Case That Will End 'Roe v. Wade,'" she warned at the time. And that was well before Barrett was even nominated.

"There was no reason for the Supreme Court to take up the Dobbs case unless it had plans to overturn Roe v. Wade. That's just a fundamental fact," she explains today. "At the time, there was not a single federal court in the country that thought that law was Constitutional. Every court that looked at this issue, whether it was Mississippi's law or copycat laws in other states across the country, had said the Constitution, Roe v. Wade, Planned Parenthood v. Casey, very clearly do not allow states the power to ban abortion before fetal viability. Then Amy Coney Barrett happened, and here we are."

When Dobbs was taken up at SCOTUS last year, she explains, "the question was whether or not the Court was going to uphold the Mississippi law within the confines of Roe v. Wade. So, as of June last year, even the state of Mississippi hadn't asked the Court to formally overturn Roe v. Wade." But after Barrett was seated, just before the 2020 election, MS began asking the Court to fully overturn it. "It's a full bait-and-switch," charges Pieklo today.

Worse, she explains, Alito's leaked draft opinion "doesn't just call for overturning 'Roe'. It really attacks privacy rights writ large, makes it clear that they're coming for rights like marriage equality...sodomy bans...birth control. All of those things are there. Fetal personhood is there. There's just so much to be concerned about [with] the plans that are there."

Think none of that stuff could ever happen? Yeah, Collins and Murkowski probably agree with you.

What can be done? We discuss. But, as we've been explaining for some time, never mind Conventional Wisdom that says Democrats will take a shellacking this November. These are decidedly unconventional times. Stop whining. Get to work...

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Don't be afraid to keep your mask on! Also: Twitter bans climate change denialist ads. Will 'free speech absolutist' Musk keep the ban in place?...
By Brad Friedman on 4/26/2022 6:48pm PT  

On today's BradCast: When the hot debates die down, the liars, of late, having been trying to claim (false) victory. Let's not let them, shall we? [Audio link to full show is posted below this summary.]

We're seeing a lot of that in recent days when it comes to, for example, Russia's help for Donald Trump election in 2016 (yes, it actually happened, despite the disinformed denialists now opportunistically claiming otherwise) and, as we focus on today's program, on those pretending that the CDC and other public health officials had it all wrong about COVID. They didn't. And just because we're all really sick and tired of the continuing pandemic and discussion of COVID in the news has largely been overtaken by other pressing matters, the deadly virus is still killing hundreds of Americans each day. That, after nearly 1,000,000 Americans were killed over the past two and half years. Please don't let the anti-mask and anti-vaccine bullies mislead or cow you.

We never enjoy being the bearer of bad news (it just seems to be our lot in life of late), but a new COVID sub-variant of Omicron, known as BA.2.12.1, is apparently the most transmissible yet, and it is quickly rising across the nation (and world). Some facts you may want to know about that today, why you should get your shots if you haven't already, and why you shouldn't bow to pressure from anyone to not wear a mask indoors if you damned well feel like it.

Also, the Vice President tested positive today. Thankfully, because she is double-vaccinated and boosted, she is, so far at least, said to be asymptomatic. Many others are not quite as lucky, particularly the unvaccinated, many children, and, in particular, those who live in states run by Republicans like Florida Governor and Presidential hopeful Ron DeSantis. He is still turning up the heat on his lies that critics of his failed COVID policies --- the state banned mask mandates and forced schools to remain open when they shouldn't have --- were wrong, and that he was right.

Well, if death rates in states like Florida and Georgia last year, which were two to three times those in blue states per capita, are considered to be "right", then I guess I'm glad I don't live in such states. But I'd still like to help those who do. Yes, as Axios reported late last month, based on then-new CDC numbers, "America's political divisions are now on display in mortality rates."

Sadly, Florida, with its more than 73,000 COVID deaths, is a perfect example. As Axios Tampa Bay reported, "Death rates in Florida and Georgia (more than 200 deaths per 100,000) were much higher than in states with largely vaccinated populations such as New York (112 per 100,000), New Jersey (73 deaths per 100,000), and Massachusetts (50 per 100,000)." And, based on data comparing deaths that would normally be expected, "Between August and December 2021, Florida experienced more than triple the number of excess deaths (29,252) as New York (8,786), despite both states having similar population counts."

That didn't stop DeSantis, during his State of the State address earlier this year, from lying to his constituents: "We would not allow fear or politics to harm our kids. We were right and they wrong and millions of families in Florida are better for it." Sure. Unless you count the tens of thousands of Florida families mourning the unnecessary loss of their loved ones thanks to DeSantis' deadly lies and horrific COVID policies.

In other news of note late last week, on Earth Day, Twitter announced a long overdue policy banning advertisements purchased to push climate change denialism. We'll see if they actually carry it out. But, perhaps more of note, since Elon Musk's $44 billion purchase of the social media company was announced on Monday, it will be interesting to see if the self-proclaimed "free speech absolutest" and CEO of Tesla, the company almost single-handedly responsible for kicking off the planet's electric vehicle revolution, will keep the ban in place as he takes the company private to use as his own personal plaything. (P.S. The entire story of Musk's purchase of Twitter serves as still more evidence that taxes are way way too low for rich people and corporations!)

Finally, Desi Doyen joins us for a chocked-full-o'-news Green News Report, as we try to get you all caught up with all of the climate related stuff of note that you missed while we dared take a much-needed Spring Break last week...

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Guest host Nicole Sandler w/ Tulane Law's Amy Gajda and Tanya in Kyiv...
By Nicole Sandler on 4/15/2022 2:23pm PT  

It's your friendly, reliable guest host NICOLE SANDLER in for Brad and Desi today on The BradCast, as they begin a much-needed Spring Break. We've got some news of the day as usual, along with two timely guests for your listening pleasure. [Audio link to full show follows this summary.]

First, however, a few quick news items of the day. Among them: Ukraine's sinking of the Moskva, Russia's flagship in its Black Sea war fleet; and new anti-abortion laws being quickly enacted by GOP states in anticipation of this summer's U.S. Supreme Court ruling that may well end or, at least, severely restrict 1973's landmark Roe v. Wade precedent and its right to privacy for women seeking reproductive care.

Next, my conversation this week with my friend TANYA in Ukraine. I met her six weeks ago as Putin's war began, when I cold called the Friends Forever Hostel in Kyiv. We've been communicating ever since via text message. And, this week, we connected for the first time via video with Zoom. I'll share some of that conversation on today's program.

Finally, my discussion with AMY GAJDA, former journalist turned Tulane University Professor of Law and an expert on privacy and the media. We discuss her new book Seek and Hide: The Tangled History of the Right to Privacy on what is clearly an important topic these days.

Enjoy!...

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Guest: Eric Kramer of Arizonans for Fair Elections; Also: Good news on the economy, unions, COVID and cannabis!; Plus: Annoy a Nazi!...
By Brad Friedman on 4/1/2022 6:54pm PT  

Yes, on today's BradCast, we discuss a new, maddening --- and likely unconstitutional --- voter suppression law signed this week by Arizona's Republican Governor. But, as our guest notes, "Don't worry, we've got this!" We'll see. He's got a plan in response that voters in other swing-states may wish to look at as well. Other than that though, today's show ends your week with nothin' but good news! (Mostly.) [Audio link to full toe-tappin' show is posted below this summary.]

First up, good news on COVID! According to the Dept. of Health and Human Services, hospitalizations are now at their lowest rate since the U.S. began keeping records at the beginning of the pandemic two years ago. Of course, last time hospitalizations where near this low we got slammed by Delta and then Omicron shortly thereafter. So, hey, now's a great time to get a vaccine shot or a booster if you haven't in the past 4 months or so!

Then, more good news on the economy! 431,000 new jobs were added in March, as Americans continue to shake off the pandemic, even amid war in Europe and inflation. Since Joe Biden took office, the economy has added a record 7.9 million jobs. Unemployment is the lowest it's been since before the pandemic and barely higher than the nation has seen in a half-century, as the President did some justifiable crowing about those numbers today. Things would be even better had Republicans and Sen. Joe Manchin allowed his Build Back Better bill to pass, given that many more women are needed to fill millions of open jobs, but can't afford the child care (that BBB would have paid for) in order to take them.

But there's still more good news today, for workers and labor unions! Amazon employees in deep red Republican Staten Island, New York voted "yes" to unionize in an historic labor win at the only fulfillment center in New York City! It's the first Amazon facility in the U.S. to do so, but it likely means many others will join them. Another unionization vote at Amazon's fulfillment center in Bessemer, Alabama remains too close to call for the moment. It's the second such vote held at that plant after the National Labor Relations Board found that Amazon had cheated in the first vote and ordered a re-do.

Speaking of cheating in elections: Republicans. Though it may make your head (and mine) explode, mid-term primaries are beginning to kick off all over the country. The first one, last month in Texas, resulted in tens of thousands of disenfranchised absentee voters whose ballots were rejected thanks to the state GOP's new voter suppression law there.

We had slightly better news this week in Florida. There, a federal judge struck down several provisions of the new voter suppression law adopted last year by the GOP-dominated state legislature and Republican Gov. Ron DeSantis (who barely won his initial election back in 2018). U.S. District Judge Mark Walker found that the law unlawfully targeted black voters in violation of both the Constitution and the Voting Rights Act. Most notably, he ordered the state back under the VRA's preclearance regime for the next decade, mandating approval in advance from the federal government for any new election-related laws that may effect minority voters.

Republicans in Arizona, however, have been running a bit behind in their voter suppression. But, on Wednesday this week, the state's Governor Doug Ducey, also facing re-election this year, signed HB 2492 [PDF], even though legislative attorneys in both the state House and Senate found the measure to be likely unconstitutional. In short, it requires state voters to prove they are citizens before they may vote for candidates in state and local elections. But it goes farther than previous such laws in the state. This one could disenfranchise anywhere from 31,000 to nearly 200,000 voters in a state where Democrats won the Presidential election in 2020 by just over 10,000 votes. It would prevent voters who fail to prove their citizenship (or can afford to do so) from voting for either state officials or President. They may still be able to vote for members of Congress, but not during either early voting or via absentee ballot.

We're joined today by ERIC KRAMER, former Chair of the Navajo County Democrats, now Director of the Arizona Deserves Better non-profit coalition to discuss HB 2492 and, more importantly, what he and other voting rights advocates in the state are currently doing to both overturn such measures and prevent even worse ones from being adopted at any time in the future with their new Arizonans for Fair Elections ballot initiative.

We first learned of the effort via DailyKos, where Kramer writes as "EricAZ". Two articles of his there caught our eye in particular. The first, in early March, was headlined "Arizona Right-Wing Goes Batshit Crazy in Attack on Voters (Don’t Worry, We’ve Got This)". The second, a few weeks later, is titled, "The Joy of Soon Beating the U.S. Supreme Court on Several Voting Rights Issues".

Kramer explains how the AZ Fair Elections initiative, targeted for inclusion on the ballot this November, would work to prevent the kind of voter suppression we have been seeing from the increasingly extremist Republican radicals who now control the AZ state legislature. It would roll back laws like HB 2492 and prevent similarly disenfranchising laws from being adopted in an election year. It would also repeal a number of other laws recently adopted by state Republicans which target minority voters (Native Americans in particular), while instituting proactive measures to increase voter turnout, rather than block it, as the GOP is now working so hard to do there and elsewhere.

"In addition to these places where we're kind of playing defense against what they've done to voters in the past, there are some where we are playing offense," Kramer explains in detailing the voter referendum. "We have automatic voter registration. We have Election Day registration. We expand the periods for early voting. And we do quite a lot to help Native American voters and especially disabled voters --- we give more opportunities to vote. So it is a very good initiative."

Can his group, which is currently in the signature gathering process, get the measure onto the ballot in November? And, if so, can they get it passed? "We are going to get it done," he tells me confidently. "We need 243,000 signatures [by July 7] to get on the ballot. We're currently collecting at more than twice the rate we need. Fundraising has gone well. People from all over the country are supporting this. We will get it done."

You can get more information on the initiative --- in case you'd like to support it or consider something similar in your own state --- at the website for the Arizonans for Fair Elections initiative (azfe.org).

Finally, we close with even more good news and a song!

Our final good news for the day is about cannabis. U.S. House Democrats, with almost zero help from Republicans, adopted a measure today to decriminalize marijuana at the federal level, though it will still have to overcome a likely GOP filibuster in the Senate. That, despite the American public's overwhelming support not just for decriminalizing cannabis, but for fully legalizing it once and for all. Not sure why the GOP would be dumb enough to take a pass on shooting the measure down again, as they did back in 2020 when they held the majority in the upper chamber, but explaining Republican stupidity is not my strong suit.

But to keep you happy and singing well into the weekend, we close with a new ditty from Canadian comedian and "The Internet's Favourite Dad* (*unproven)", according to his Twitter profile, Stewart Reynolds, who sings that "it's nice to be disliked!"...So "annoy a Nazi" today!...

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Guest: Legal journalist Mark Joseph Stern of Slate; Also: Major new study confirms Ivermectin ineffective as COVID treatment...
By Brad Friedman on 3/30/2022 7:13pm PT  

On today's BradCast, one of our favorite guests is back to explain why the wildly corrupt Thomases, as horrible as they are, may be one of the least of our concerns when it comes to what the rest of the GOP's wildly corrupt --- not to mention stolen and packed --- U.S. Supreme Court may now be moving toward.[Audio link to full, must-listen show is posted below.]

First up, however, a major new, peer-reviewed, double-blind study released in full today, finds what many have been trying to make clear for quite some time: There is no legitimate evidence that the anti-parasitic drug Ivermectin, most commonly used to de-worm horses, has any positive effect as a treatment for COVID.

In fact, as one part of the huge new Brazilian study found, placebo pills were actually more effective than Ivermectin! Dr. Andrew Hill, a virologist at the University of Liverpool in England, whose early analysis (since retracted) of several smaller studies (at least one of which appears to have been fraudulent) was frequently cited for evidence of the drug's effectiveness, appears now to concur that the new Brazilian study pretty much removes all doubt. Ivermectin is of no use in treating COVID. We now have a pretty large body of evidence demonstrating that is true no matter what clownish TV doctors and profiteers and misinformation specialists on Fox "News" or Joe Rogan's podcast have to say about it.

That said, there are safe and effective (and free) ways to avoid the worst effects of COVID, which peer-reviewed studies have confirmed. They include the Moderna and Pfizer vaccines. Actual professional virologists, epidemiologists and both the CDC and FDA strongly recommend them, as do we. Earlier this week the FDA authorized a second booster shot for anyone over 50 who hasn't received a shot in the past four months. Please get one and let's end this goddamn pandemic once and for all. Thanks.

On to our main topic(s) today, as we're joined by the always great, always illuminating, and pretty much always-right-about-everything MARK JOSEPH STERN, legal journalist from Slate.com who smartly covers the law, the court system, the U.S. Supreme Court, election law, LGBTQ issues and much more.

We've got just a few things to discuss with Stern today, including the ridiculous Senate Judiciary Committee confirmation hearings last week for Judge Ketanji Brown Jackson, Joe Biden's nominee to the U.S. Supreme Court, where she would be its first black female Justice. On Wednesday, it was actually news for some reason that one Senate Republican has announced she will vote for Jackson's confirmation. But, beyond the childish stupidity of Republican Senators on the Judiciary Committee last week falsely suggesting that Jackson is somehow in favor of child porn and terrorists, there was something else far more disturbing that emerged from the GOP questioning of Biden's highly qualified nominee.

In short: Republicans aren't just targeting Roe v. Wade's well-established right to an abortion (which the Supreme Court is very likely to overturn within the next few months), but they actually appear to be gunning to reverse a whole bunch of landmark, privacy-related rights, including Obergefell v. Hodges, the landmark 2015 ruling establishing a Constitutional right to same sex marriage equality. But that's not all. Also now in their sites for reversal are Griswold v. Connecticut (1965, establishing the right for married couples to buy and use contraceptives) and, yes, even Loving v. Virginia (1967's landmark civil rights decision establishing the right to interracial marriage)!

Think these concerns are exaggerated? That Republicans aren't actually gunning for those federal rights as well? Tune in and find out if you're wrong.

Also, as we discuss, Stern now believes it is unlikely that Republicans will ever vote to confirm another Supreme Court Justice nominated by a Democratic President if they regain majority control of the Senate. He further believes they will stop confirming the President's nominees for any judgeship on the federal bench.

"It is very clear now that Republicans begin from the position that Democratic Presidents have no authority and no right to appoint Supreme Court Justices, or to appoint lower court judges. This is following a longstanding pattern in the Senate of Republicans almost uniformly --- or all uniformly --- voting against nominees to the lower court, including many who are super-qualified and uncontroversial," Stern observes. "We have swung back and forth between close confirmation votes and big overwhelming lopsided confirmation votes, but I fear that this is how it will be forevermore."

While those issues would be more than enough to fill an entire interview, it's not even half of what we cover with Stern today, including his thoughts on the wildly corrupt longtime rightwing activist Ginni Thomas and her husband, the wildly corrupt longtime rightwing activist Justice Clarence Thomas. The conversation follows on last week's explosive revelations that Ginni was relentlessly texting Donald Trump's Chief of Staff Mark Meadows in November of 2020, urging him to fight to reverse the results of Joe Biden's election victory, in hopes of overturning American democracy itself.

Given that Clarence was the only vote on the High Court in favor of blocking subpoenaed documents from the Trump White House, which might have included emails and text from Ginni, from being turned over by the National Archives to the U.S. House January 6 Committee, Stern believes this matter is now like nothing we have ever seen at SCOTUS.

"This may feel like the latest in a long line of atrocious conflicts of interest and injustices that Clarence and Ginni Thomas have inflicted on the country, but it is materially different, because we have never before seen a case where Clarence Thomas' vote so directly implicates his wife's work," Stern argues. After I note another such case --- where Ginni received hundreds of thousands of dollars in dark money for her so-called non-partisan non-profits following Clarence's vote in the 2010 Citizens United case (after that very same group, Citizens United, had quietly spent hundreds of thousands to help push through Clarence's controversial confirmation in 1991!), Stern notes that it "looks to the world, quite reasonably, like a husband trying to shield his wife from legal scrutiny. I think that is a huge leap forward in this story. This is different in kind, not just degree." He adds: "I think it's helpful to draw this distinction between votes that benefit a spouse and votes that shield them from a criminal probe."

So what should be done about the Thomases? Tune in for Stern's thoughts (and mine!) for a very lively conversation on that.

But wait, there's more! You may have heard about last week's outrageous "shadow docket" decision by the Court that put on hold a ruling by Wisconsin's Supreme Court, including the opinion written by one of its leading conservative justices, finding that Democratic Governor Tony Evers' new map for state legislative seats in the Badger State should be used in this year's redistricting, following the 2020 Census. The GOP's corrupt SCOTUS, however, feels otherwise, even though Evers' map was closer to the state's previous (and wildly gerrymandered) one than the map pushed by the state's far-right gerrymandered state legislature. To make the matter even more absurd, the High Court completely ignored its own entirely made up and opportunistically used "Purcell Principle", which is supposedly meant to prevent last minutes changes to laws that might throw elections into chaos. In this case, since Wisconsin's Supreme Court and Democratic Governor both agreed that a new black majority district was needed in Milwaukee, the rightwingers on SCOTUS decided they'd never heard of Purcell or, apparently, the Voting Rights Act of 1965.

If you're flummoxed about all of this based on the above explanation, you're not alone. Tune in, as Stern tries, as usual, to help us make sense of the senselessness now coming out of a U.S. Supreme Court that is on the verge of losing whatever shred of legitimacy it may have had left at this point...

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