Plaintiffs in a Georgia lawsuit seeking to force the state to move to a hand-marked paper ballot system in time for this year's midterm elections, promise to produce expert testimony to the court, demonstrating that "Georgia's voting system is a catastrophically open invitation to malicious actors intent on disrupting our democracy."

The Coalition for Good Governance and a group of multi-partisan individual plaintiffs filed a motion [PDF] on July 31, seeking a preliminary injunction in the federal case, to prevent Georgia from conducting this year's midterms on the state's notorious Diebold AccuVote TS (touchscreen) Direct Recording Electronic (DRE) voting machines. Instead, plaintiffs seek an order that Georgia's election officials utilize, for in-person voting, the same already-certified, Diebold paper ballot-based optical-scan system currently used for tabulation of the Peach State's absentee ballots.

Last week, U.S. District Court Judge Amy Totenberg ordered an expedited briefing schedule on plaintiffs' motion to compel the State of Georgia to adopt this simple method for conducting a verifiable paper ballot election on November 6, 2018.

The plaintiffs cite a massive body of scientific evidence finding the 100% unverifiable Diebold touchscreen systems as essentially electronic black holes, prone to unintended systemic failures and vulnerable to all manner of undetectable malicious manipulation by insiders or anyone else who acquires minimal access to the system or any of its machines. They also point to evidence that the statewide system was previously compromised via the Internet. Plaintiffs argue the 16-year old system deprives the electorate of their constitutional right not only to cast a vote but to have their vote accurately counted.

Recognizing "the gravity and importance of the constitutional issues," the court directed the parties (principally GA Secretary of State Brian Kemp, the state's GOP nominee for governor), as well as the plaintiffs to address "the practical realities surrounding implementation of the requested relief in the next one to three months." Judge Totenberg asks defendants to address the "practical realities" issue in a response by August 14. Plaintiffs' reply is then due by August 20.

The question before the court is monumental and could help set a precedent across the country in other jurisdictions where voters are forced to use unverifiable touchscreens on Election Day, rather than a paper ballot system that is already available via the absentee systems used in all 50 states.

As we documented last year, in "Why Do Georgia Election Officials Insist on 100% Unverifiable Elections?", if the court issues the preliminary injunction, November 6, 2018 would mark the first time in more than a decade and a half that the State of Georgia will have held an election in which it will be possible for human beings to verify or refute the accuracy of an electronic vote tally, thanks to the use of hand-marked paper ballots...

On today's BradCast, as the President of the United States continues his tweets and rally cries targeting the free press as "the Enemy of the People", we offer another stark reminder of the danger of those attacks. Then, another reminder of the inevitable move toward "Medicare-for-All" in the U.S. and the mighty forces pushing back against it. [Audio link to today's show is posted below.]

First up, early Sunday morning, just hours before another one of Donald Trump's tweets targeting the media as "purposely caus[ing] division and distrust", characterizing them as "dangerous and sick" and, yes, "the Enemy of the People", a masked gunman opened fired inside of WORT-FM 89.9FM, a long-time progressive radio station (and Pacifica Radio Network affiliate) in Madison, WI. Luckily, among the three hosts in the studio at the time, there was just one, non-life-threatening injury. But the gunman is still on the loose and the volunteers who work at the station are lucky to be alive today.

Of course, progressive radio outlets have long been targets of violence by right-wingers --- long before Trump --- and we don't yet know what the motive was for the attacker at WORT in Madison. But with more and more folks in the mainstream corporate media receiving death threats now as well, as CNN's Brian Stelter noted over the weekend, citing a right-wing columnist at the New York Times, "we are approaching a day when blood on the newsroom floor will be blood on the President's hands". That could already be the case in Madison, WI.

In any event, please consider this a reminder to support the progressive media outlets --- many of them community stations run by volunteers --- who enable you to hear The BradCast every day, in any way that you can!

Next up, a lawsuit was filed against the Trump Administration late last week, alleging that it has failed to honor the Constitution's "Take Care" clause, requiring the President "faithfully execute" the laws of the land". The complaint, filed by the cities of Columbus and Cincinnati, OH, along with Baltimore, MD and Chicago, IL, charges that the Administration is unlawfully undermining and attempting to "sabotage" the Affordable Care Act (or, ObamaCare).

That suit was filed by the four cities, even as many progressives continue to push for a single-payer, universal, "Medicare-for-All" style healthcare system like the one Sen. Bernie Sanders has long called for. With such a plan growing in popularity among both voters and leading Democrats alike, a Koch Brothers-funded think-tank last week came out with a report that they'd hoped would undermine the prospect of a government-run, single-payer insurance program available to all Americans.

The report, misleadingly headlined "'Medicare for All' Plan Would Cost Federal Government $32 Trillion", was picked up by many media outlets who failed to highlight the more salient fact that the $32 trillion cited is actually $2 trillion LESS than Americans already spend on healthcare, even as millions are still without insurance and tens of millions more --- even if they are covered --- are still without access to important items like vision and dental care.

We're joined today by former insurance industry executive turned progressive blogger, columnist and broadcaster RICHARD "R.J." ESKOW to discuss his Los Angeles Times op-ed last week rebutting the misinformation that Charles Blahuas of the right-wing, Koch-funded Mercatus Center attempted to hoax American with.

Eskow, who hosts The Zero Hour podcast and also worked on Sanders' 2016 Presidential campaign, explains how the type of system that the Vermont Senator and, now, many leading 2020 Democratic Presidential contenders are endorsing, would both save Americans money and provide better and more complete care to tens and perhaps hundreds of millions.

"What the Koch Brothers and people who work for them are trying to get us to do is to only think about what the government spends," he tells me, explaining the sleight-of-hand the report uses to make families think such a plan would cost them more money than they are paying already. In fact, he explains, the average family of four would actually save $13,000 a year in healthcare costs.

"This guy who wrote this report unintentionally shot himself in the foot," Eskow argues, "Because even though I believe he stacked the deck against Medicare-For-All by under-estimating the savings and over-estimating the costs, he still couldn't avoid the conclusion that it would save $2 trillion over 10 years. I think it could save more than that, while giving people much better coverage. But even by his standards, the conservative standards, the right-wingers' standards, he has to admit it saves money!"

"We've been brainwashed into thinking that paying a nickel in taxes is worse than paying a dollar to some exploitative health insurance company. I don't think you make that sale anymore. I think people are getting wise to the truth."

Eskow also offers his insight into the fear that some "centrist" establishment Democrats have about such a system, and whether progressive voters should continue to push the party to be more in step with its own voters, or whether those voters need to look elsewhere...

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On today's BradCast, you won't hear Brad or Desi --- because you'll be very busy hearing me. I'm the host of In Deep with Angie Coiro.

You may have been fooled for a second --- nah, you're too smart --- but casual observers might mistake Jeff Sessions' announcement of a new DOJ "Religious Liberty Task Force" as an effort to address genuine hate crimes, including attacks on Muslim Americans, Jewish Americans, and Sikh Americans. But of course not. He made it clear it’s about bakers afraid of serving LGBTQ customers, or taxpayers having to support icky women – that sort of thing. ANNIE LAURIE GAYLOR is co-president of the Freedom From Religion Foundation. She puts this latest news in the wider context of Trump’s pro-Christian pandering. While we're at it, we look at how bad for basic civil rights Brett Kavanaugh would be on the Supreme Court.

More news headlines, then DAVE JOHNSON of Seeing The Forest ponders how the concepts of markets, capitalism, and socialism get contorted by propaganda. Even respectable journalists fall victim...

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On today's BradCast, I'm sitting in for Brad and Desi. Nice to be back!

Today's news roundup includes this eternal riddle: is the tendency to be loathsome genetic? C.f. Trump, Trump Jr.: a deconstruction of yet another lying tweet, this time about market growth. Hint: again, TrumpCo trumpets financial news that only benefits the very few.

More news: Facebook's market drop sets a record – in fact, there’s so much going on with Facebook it's sprinkled throughout the show. A nod to an excellent Charles Pierce column in Esquire. And something small but wonderful on the medical marijuana front: a jury in Dublin Georgia solemnly listened to the case against Javonnie McCoy, who admitted he had marijuana for personal medical use. And yes, that's against the law. And the jurors shrugged and sent him home anyway. Seems they couldn’t get a head of steam up about a nice guy who wasn’t hurting anyone.

GARY FERGUSON, author of Land On Fire, joined me to tie the California conflagrations to global warming. This is a twofer: I include an earlier conversation I had with him on In Deep, explaining how the costs of a regional disaster become everyone's financial problem.

JOHN R. PLATT, editor of The Revelator, delves into a story that's too low-profile: shockingly high numbers of attacks on and Rewire News, tallies up what’s happening in legal and political realms on repro justice issues.

Lastly – it's Facebook again. Freedom from Facebook, a project of the Open Markets Institute, is one of a number of groups working to force Facebook to reform. BARRY LYNN, Executive Director of the Institute, explains how laws already in place can be used to make Facebook a better corporate citizen --- and help save news organizations at the same time.

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Donald Trump's grip on reality seems to be slipping more and more each day. Or, at least his interest in reality is slipping, if not his interest in deceiving his supporters and everyone around him about demonstrable reality. That sentiment was, perhaps, best summed up when, on Tuesday, the five-time draft dodger declared at the Veterans of Foreign Wars (VFW) annual convention in Kansas City: "What you're seeing and what you're reading is not what's happening." Got it?

Among the things that actually are happening, as covered on today's BradCast. [Audio link to show follows below]...

The Administration now (quietly) concedes they were wrong about last year's massive tax cuts for corporations and the wealthy paying for themselves through a rise in federal revenue. In the first half of 2018, we now know, corporate tax revenue plunged to its lowest level since such data was first tracked beginning in the 1940s. Thanks to slashed corporate tax rates, federal revenues are now lower than the then-historic plunge following the 2017 economic collapse. And, with that, deficits are now set to rise above $1 trillion annually for the foreseeable future. That, of course, is the exact opposite of what Trump, his White House and Congressional Republicans told Americans last year when pushing for their new tax rates and even worse than real economists at the time had predicted.

Then, after former CIA Director John Brennan declared Trump's "performance" at his joint press conference with Vladimir Putin in Helsinki last week was "nothing short of treasonous," the White House announced they were seeking to remove his security clearance, along with five other former top U.S. intelligence officials (two of whom no longer have such a clearance anyway) who have been critical of the President's behavior and statements regarding the investigation into Russia's alleged cyberattacks and other interference in the 2016 Presidential election.

The rank politicization of security clearances by a White House may be unprecedented and even one of many impeachable offenses by this President, but does his behavior regarding Russia really rise to "treason", as Brennan argued? BRAD BLOG legal analyst ERNEST A. CANNING joins us today to discuss his recent article on the Constitutional definition of "treason" (the only crime defined in the founding document and one that is punishable by death) and whether the charge could possibly apply to Trump, given that we are not --- at least officially --- "at war" with Russia.

Canning, while he's here, also details two very encouraging court rulings handed down in advance of the crucial 2018 midterm elections, one from a federal court in Florida yesterday, and the other from a state court in Iowa today --- both regarding GOP attempts to restrict early voting and other related issues. In Florida, as Canning explains, the judge described the state's GOP-run state Election Division's restrictions on creating early voting sites at state colleges and universities displayed "a stark pattern of discrimination" in violation of the U.S. Constitution's 26th Amendment. And, in Iowa, the court ruled the Republican state legislature's newly enacted law and GOP Sec. of State effort to promote it "substantially and directly interfere with Iowans' constitutional rights to vote."

Finally today, speaking of reality, on Tuesday the Kremlin made clear they had no intention of accepting Trump's invitation for Putin to come to Washington D.C. this fall for a second summit. That, despite Trump and his Press Secretary Sarah Huckabee Sanders previously declaring that plans were already being made for the meeting. Today, White House officials were finally forced to admit the meeting will not, in fact, take place, though the admission was misreported by some in the media as, naturally, the White House pretended it was their choice, not Russia's...

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It's remarkable that Democrats --- and the mainstream corporate media --- have allowed Republicans to get away with claiming to be "conservatives" who support states rights, small government and local control for so many years. As it turns out, the exact opposite is usually true. That becomes abundantly clear whenever and wherever the GOP takes the reins of government power. We've got several examples of that, once again, on today's BradCast. [Audio link to show is posted below.]

As global climate change continues to shatter heat records across the country and planet, the death toll continues to rise along with temperatures and more intense, unexpected (if long-predicted) extreme weather. On Tuesday, at least 74 were killed in sudden wildfires in Greece. That toll, which is expected to rise, comes on the heels of hundreds killed by recent record rain, flooding and accompanying landslides in Japan, and at least 77 dead amid all-time record heat there over the past week alone.

Heat records are being shattered every day of late here in the U.S. as well, including in Phoenix where it topped out at a record 115 degrees on Monday, and where airplanes were grounded for several days last summer thanks to record warmth. This year, however, with the help of Trump's FAA, American Airlines has come up with a way to avoid being grounded despite new record temps. They've just raised the maximum temps under which their planes are allowed to take off! What could go wrong?

At the same time, the Trump Administration is now challenging the state of California's right to set their own fuel efficiency standards for cars, despite an agreement with the Obama Administration that had, with the approval of automakers, established a uniform nationwide standard. The state's right to set its own environmental standards at all --- as established over nearly 50 years under the federal Clean Air Act --- will now, reportedly, be revoked by Trump's EPA who, apparently, have no use for states rights (at least when that's inconvenient to GOP corporate funders.) Let the law suits begin continue.

Similarly, so-called "conservatives" in Texas are attempting to use Big Government state law to preempt efforts by local governments and voters in Austin, San Antonio and Dallas, who hope to establish their own rules for paid sick-leave. Some 40% of Texas workers, according to a recent study, are currently prevented from taking a paid day off when either they or their children get sick. The state's Big Government-loving Governor Greg Abbott and Attorney General Ken Paxton (facing his own securities fraud indictments) oppose the city measures, just as they have in the past when voters in local jurisdictions have attempted to ban fracking, raise minimum wage requirements or even ban plastic bags.

There is, however, a solution. We can all try --- try, at least --- to vote the liars and hypocrites out of office this November. In Nevada, for example, voters are now said to be on the verge of potentially electing the first female majority state legislature in our nation's history. To pull it off, however, and to flip local, state and Congressional seats from "red" to "blue" this year, voters will have to turn out and actually be allowed to cast a vote.

A new study from the Brennan Center for Justice suggests that may be more difficult than many currently appreciate. Their analysis finds that voters are being purged from the rolls at a record pace, particularly in jurisdictions with a history of racial discrimination, where such procedures previously required federal preclearance under the Voting Rights Act (until the GOP majority on the U.S. Supreme Court gutted the landmark 1965 law in 2013.)

So, with just over 100 days remaining until this year's crucial midterm elections, please CHECK YOUR VOTER REGISTRATION to make sure you are still properly registered! Don't wait until its too late!

But, we close today with at least a bit of encouraging news. Despite the stolen GOP majority on the U.S. Supreme Court recently blocking lower federal court rulings finding U.S. House and state legislative seats had been unlawfully gerrymandered by partisans in several states, a number of statewide measures to end partisan gerrymandering will most likely be on the ballot this November. Unless, that is, so-called "conservative" Republicans block the so-far wildly successful, bi-partisan grassroots initiatives in states like Michigan, Missouri, Colorado and Utah...

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On today's BradCast, Donald Trump's trail of destruction continues to spread, as Senate Democrats fumble for a strategy to oppose his new U.S. Supreme Court nominee. [Audio link to show follows below.]

First up, the President of the United States attacked Germany in advance of today's NATO summit in Brussels, charging one of our top European allies is "totally controlled by" and "a captive of Russia". Setting diplomatic failures and ironies aside, even worse destruction continues to be waged on Americans back home.

Trump's Administration escalated his trade war with China this week, announcing plans for another $200 billion in tariffs (taxes on the American people) on imported products, after China's dollar-for-dollar retaliation against Trump's previous round of tariffs on $34 billion in imported goods. The damage from that war is already being felt on the U.S. economy, particularly on farmers in Midwestern states, where sales have been plummeting for weeks after China stopped purchasing U.S. soy beans and other agricultural goods in response. BMW, the leading auto-exporter in the U.S., has now announced that new tariffs against China are leading the company to raise prices on SUVs, and move some of their manufacturing in South Carolina (and the jobs that go with it) out of the country --- to China. Vice-President Mike Pence is being dispatched this week to Midwestern states to try and convince GOP donors to stick with the party, despite the damage being done to those voters and companies in "red" states who had supported Trump.

As that self-destruction plays out, the Administration continues its pointless and cruel attacks on the Affordable Care Act (ObamaCare), even though those hurt by several newly announced cuts and refusals to make billions in legally-required payments to insurance companies (paid for by other insurance companies, not by tax-payers) --- as announced over the long holiday weekend, so few would notice --- serve to hurt mostly those who don't receive their healthcare via Obama's 2010 law. The new cuts and blocked payments, according to industry experts, will end up costing both consumers and the federal government itself much more money in the bargain, as premiums will now likely skyrocket again in 2019 and subsidy payments by the Government under the Affordable Care Act will be forced to rise along with them.

Then, we're joined by The Intercept's D.C. Bureau Chief RYAN GRIM to discuss the less-than-inspiring effort, so far, by Senate Minority Leader Chuck Schumer to unify his Democratic caucus against Trump's second U.S. Supreme Court nominee, Judge Brett Kavanaugh. Schumer is encouraging Americans to call their Senators in opposition to Kavanaugh, and Ryan reports that he is warning colleagues they face a serious backlash from their base voters if they fail to put up a brutal fight against the nominee's confirmation.

Nonetheless, Ryan's sources also suggest that Schumer's leadership on this critical issue (and others) is lacking, to put it nicely. He tells me that Schumer has determined, based on polling and the Dems' failed effort to block Neil Gorsuch, Trump's first nominee last year, that the opposition effort must focus on policy issues relating to Kavanaugh's record and the direct threat he poses to a host of hard-won Constitutional rights and statutes at SCOTUS. That, instead of a fierce procedural fight in response to the GOP's theft of the Court majority when they refused, in 2016, to vote on --- or even meet with --- President Obama's nominee to the court, Merrick Garland, for an entire year.

"He saw a lot of polling that was quite conclusive that the argument about substance was going to be the one that won out over the one over process," says Ryan.

That said, we discuss a number of options that Democrats could still pursue to block the nomination against the Republicans very thin Senate majority, including attempts to deny quorums in the Senate Judiciary Committee during Kavanaugh's confirmation hearings and/or walking out of the Capitol to deny a Constitutionally-required quorum to prevent a floor vote entirely before the November midterms. Ryan tells me that both options have been and are still being considered by some Democrats, while going on to explain some of the considerable risks those options pose and why Schumer is said to be shying away from such hardball tactics.

"It is something that has risen to the level of leadership conversations, but as of now, it's Schumer's opinion that can't be done," he tells me, adding: "I don't think anybody knows what the best path forward is. It's definitely something that's being considered. And the more attention there is to that strategy and the more pressure there is, then the more energized Senate Democrats are. So it's worth talking about, at a minimum."

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Democrats, abortion rights activists, environmentalists and civil libertarians, among others, are beginning to marshal their forces in opposition to Donald Trump's pick to replace Justice Anthony Kennedy on the U.S. Supreme Court. But that fight will be an uphill battle with unapologetic Senate Republicans who blocked President Obama's pick for the court for nearly a year, now promising a vote before this November's midterms while they still enjoy the slimmest of majorities in the U.S. Senate.

On today's BradCast [audio file to show linked below], we look at the legal history and political background of Trump's nominee for the post, Judge Brett Kavanaugh of the U.S. Court of Appeals for the DC Circuit. We're joined for that conversation by Slate's great legal reporter MARK JOSEPH STERN, who has been covering all things SCOTUS for us of late.

Stern counters, among other things, Trump's assertion during his Monday night announcement that Kavanaugh is a "thought leader" and "brilliant jurist". He details how the 53-year old federal appeals court judge uses cookie-cutter legal phrases to describe his "judicial philosophy", as crafted for him by the right-wing Federalist Society and Heritage Foundation. Those phrases --- "A judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written. And a judge must interpret the Constitution as written." --- betray his years of dedication not to individual liberties or laws or the Constitution, but in service to the cause of GOP politics.

"He's doing what Neil Gorsuch did," Stern tells me, "which is to spew out these lines which sound good, if you're not very attuned to legal argot. But what they really mean is 'I'm going to do whatever the hell I want, and I'm going to ascribe this pretextual, orginalist, textualist gleam to it in order to make it seem like I'm maintaining my independence and not just doing favors for Republicans.'"

Stern cites, as evidence, a number of Kavanaugh's rulings on the DC Circuit Court, his service on the Ken Starr commission in the 1990s (which led to the impeachment of President Bill Clinton), and his years as loyal White House legal counsel during the George W. Bush Administration. "He is a party man. Brett Kavanaugh is a Republican. He has been a Republican foot soldier in virtually every major Republican legal battle of modern times. He has served that role in his capacity as a judge on the DC Circuit to a 'T'."

We discuss Kavanaugh's road-map for overturning Roe v. Wade's nationwide Constitutional right to an abortion, as he laid out himself in his 2017 opinions attempting to block a lawful abortion sought by a 17-year old undocumented immigrant detained by the Trump Administration. But abortion is hardly the only hard-won right that will be, almost immediately, imperiled if Democrats are unable to block Kavanaugh's confirmation to what will become a very hard right-wing Court with his seating. Key environmental rulings are likely to be overturned, Stern argues, as well as those regarding voting rights, privacy rights, and many others.

Stern also explains why he remains very dubious, at best, that either Maine's Republican Senator Susan Collins or Alaska's Lisa Murkowski will break from their party to vote against Trump's nominee (Collins, he explains, is "not widely known for having a spine" and Murkowski, so far, has shown little sign of having one either) and why, if confirmed, Kavanaugh could decide to blow up years of precedent by refusing to recuse himself from SCOTUS appeals to cases that he has previously heard as a member of the DC Circuit Court.

There is one --- and, really, only one --- thin thread of potentially encouraging news regarding Kavanaugh's nomination. That can be found in his 2009 law review article on whether sitting Presidents may be indicted or face other criminal and civil legal actions. Kavanaugh's written comments on the matter, as we discuss, may, in fact, serve to argue the opposite of what a number of his opponents have been (mis)reporting regarding those remarks. In fact, Kavanaugh's argument suggests a sitting President can, in fact, be indicted under both current law and the U.S. Constitution, for civil and criminal matters alike.

Finally today, we're joined by Desi Doyen for the latest Green News Report and much more related to it, including the early response from environmentalists on Trump's SCOTUS pick, how the recent record-smashing heatwaves we've seen from coast to coast over the past week could become much worse very soon, and how this year's hurricane season has already turned deadly from the Atlantic to the Pacific...

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On today's BradCast: Incredibly enough, one newly nominated Democratic U.S. House candidate had to ask, out loud, on one of the weekend network news shows: "Are we fighting or not?" The question was in reference to whether Senate Democrats planned to do everything within their power to block a vote on Donald Trump's nominee for the U.S. Supreme Court. [Audio link to show follows below.]

That Democratic U.S. House nominee was progressive Alexandria Ocasio-Cortez, who unseated the 4th most powerful Democrat in the House just last week in New York's Democratic Primary election by a landslide. She was appearing on NBC's Meet the Press. It's simply stunning that the Democratic Party's response to the retirement of Justice Anthony Kennedy has been so flat-footed that it's still unclear today, almost a week later, whether Democrats are prepared to fight, all out, against a second Trump nominee for the Court who will be the decisive vote in overturning and reversing decades of hard-won rights on virtually every front.

Today, Democratic Senate minority leader Chuck Schumer called on Americans to pressure their Senators to block anybody nominated by Trump. The call, via a New York Times op-ed charging that "our rights hang in the balance", comes not a moment too soon and follows a lukewarm response from many Senate Dems (including Schumer) and a tepid commitment by (supposedly) pro-choice GOP Senator Susan Collins of Maine to vote against a Trump nominee who is "hostile" to settled law, such as Roe v. Wade.

It's still unclear whether all Democrats are onboard with blocking Trump's nominee, whether any Republicans will actually join them, and what Dems are willing to do in order to block such a vote entirely for a few months, until at least after this November's election where they could regain the majority. That, even after Senate Republicans blocked Obama's SCOTUS nominee for nearly a year before stealing a majority on the Court with Trump's nominee Neil Gorsuch.

We discuss the possibilities for Dems on today's show, along with what I describe as the necessity for Dems to walk out and deprive the Senate of a Constitutionally-required quorum and bring all business to a halt, if that what it takes to block Trump's nominee. That nominee, of course, would also immediately have a huge conflict of interest in ruling on a President who nominated him or her, even as he was the subject of a serious criminal investigation by a Special Counsel into an alleged conspiracy against the United States and unlawful obstruction of that investigation.

Remarkably, there are still many "Very Smart People" in the media and Democratic politics who seem to feel that the fight is already lost, and that Dems should somehow keep their powder dry until after the crucial midterm elections or else risk losing their chances of winning back one or both houses of Congress this November.

That is nonsense. This is the fight of all of our lives, at this point. Political calculations like that are both outrageous and counter-productive for Democrats for several of the reasons I detail today. If Democrats can't take a stand on this, they should get out of politics all together. They may or may not win the fight, but that's nowhere close to the point.

We open the phone lines today to all of that and more, as both elected Democrats --- and even many of those calling into the show today --- seem to have a very difficult time staying focused on what actually matters at this crucial moment in history and what is at stake for the country itself in the midst of our ongoing Trump/GOP-fueled National Emergency...

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On today's BradCast: With Justice Anthony Kennedy retiring from the U.S. Supreme Court, is all hope lost for overturning partisan (and racial) gerrymanders that have helped to keep Democrats and their voters from enjoying appropriate and Constitutional representation at both the state and federal level?

But, before that today: What appears to be good news from a U.S. District Court striking down the Trump Administration's approval of Kentucky's cruel new work requirement for Medicaid recipients as "arbitrary and capricious", may not end up being quite as good news as it sounds. We explain why.

Next: Trump's tariffs and trade wars are beginning to cost jobs in the U.S., and the first jobs losses are to Trump supporters in Missouri. The next victims could be those who work in the U.S. automobile industry. Of course, all of this could be stopped in its tracks but, apparently, the Republicans who control both houses of Congress have no interest in putting the brakes on this out of control and dangerous Presidency.

Then: The final two weeks of the U.S. Supreme Court's term have been disappointing ones for many, including opponents of both partisan and racial gerrymandering. Federal courts in multiple states had determined that Republican-controlled states (and one Democratic one) had unlawfully and unconstitutionally created U.S. House and state legislative maps that impermissibly prevented voters from being appropriately represented in Congress and state legislatures.

Over the past two weeks, however, the U.S. Supreme Court reversed a lower court ruling that had struck down several racial gerrymanders in Texas, and they also punted three different partisan gerrymandering cases, in Wisconsin, Maryland and North Carolina, back to the lower courts for rehearing. Perhaps the most disappointing such case was Common Cause v. Rucho in the closely divided swing-state of North Carolina, where a federal appeals court found a clear case of partisan gerrymandering and ordered the entire U.S. House map to be redrawn in time for the 2018 midterms.

In that case, the Republicans who drew the map admitted they did so in order to give the GOP a 10 to 3 partisan advantage in U.S. House seats, despite state voters narrowly supporting Obama in 2008, Trump in 2016, and with Democrats winning statewide elections for Governor and Attorney General that same year.

And all of those SCOTUS punts came just before Justice Anthony Kennedy, who gerrymandering opponents had hoped would finally be the swing vote to end the practice of partisan redistricting once and for all, announced his retirement instead.

We're joined today by Common Cause's National Redistricting Manager DAN VICUNA to explain the outcomes and current status of those cases in TX, WI, MD and NC, and how opponents of gerrymandering plan to move ahead now that Kennedy --- their greatest hope for ending the practice nationally, once and for all --- will no longer be on the Court when those cases ultimately return.

"Mind you," Vicuna points out, regarding the thumbs up, for now, that SCOTUS gave to NC to continue using their current partisan gerrymanders in 2018, "the reason why they redrew these maps in 2016, late in a Census redistricting cycle, is because their original map was struck down as an illegal racial gerrymander."

Finally, speaking of the extremist Republican legislature in NC, lawmakers there on Friday approved a statewide initiative for the 2018 ballot, on a partyline vote, that would, if supported voters, amend the state constitution to require Photo ID voting restrictions at the polling place. That, after a law they had passed to do the same thing was struck down in 2016 by the 4th U.S. Circuit Court of Appeals because it was found to have targeted African-American voters "with almost surgical precision"...

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On today's BradCast we take a precious few minutes to duck out of the horrific breaking news cycle this week --- sort of --- for some words of wisdom and perspective from a number of very smart folks in response to the news that Justice Anthony Kennedy is resigning, and all of the fear, panic and depression that is going with it for many progressives. [Audio link to show follows below.]

Among the smart folks we turn to for sage thoughts today: longtime newsman Dan Rather, civil rights icon Rep. John Lewis & Daily Kos' "Meteor Blades", blogger and activist Zawn Villines and journalist David Dayen. Each offer helpful, non-pollyannaish advice on keeping our current moment in the appropriate perspective. That, while the struggle for justice and to somehow save the U.S. Supreme Court from an onslaught of GOP/Trump hypocrisy, extremism, lies, cynicism, and far-right schemes to roll back decades of hard-fought civil, voting, human and reproductive rights, will demand persistence and steady, determined courage in the days ahead.

Nonetheless, both pessimism and despair are counterproductive to progress. So I hope today's program helps us all (including me!) to stay a bit more hopeful, optimistic and healthy, during these seemingly ever-darkening hours.

Also providing a bit of hope and inspiration today, some more news from Tuesday's primary elections, in which an extraordinary progressive 28-year old Latina from The Bronx unseated a 10-term Democratic member of the U.S. House Leadership establishment in New York's Democratic primary, despite being outspent 15 to 1; A record third LGBT person this year has now won a Democratic nomination for Governor, this time in Colorado; And Oklahoma voters unseated a host of Republicans in the state House and Senate who voted against recent tax increases to fund education following a two-week long teacher walk-out and years of slashed funding to pay for massive corporate tax cuts; And, as if that's not enough good news from supposedly "conservative" Oklahoma, voters also approved a citizen-sponsored statewide ballot initiative for medical marijuana, in defiance of GOP elected officials and a well-funded campaign against it. We join Steven Colbert's celebration on that today.

Finally, Desi Doyen joins us for the latest Green News Report, with more on Kennedy's climate legacy at SCOTUS, environmental concerns in the wake of his retirement, and a few other encouraging results from this past Tuesday's primaries in seven states...

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On today's BradCast: Political earthquakes. Several of them. All shaking up the political world just within the past 12 to 24 hours. As if we needed still more chaos. [Audio link to show follows below.]

We do our best to navigate through as many of those temblors --- one or two of them quite encouraging, the rest, not so much --- as possible, with the help of our guest today, JOHN NICHOLS, longtime progressive champion and Washington Correspondent for The Nation.

Among the several earthquakes covered today: Antonia Ocasio-Cortez, a 28-year old Latina and political novice unseated Democratic Rep. Joe Crowley, the fourth most powerful Democrat in the U.S. House, by a huge margin (some 15 points) during Tuesday's midterm primaries in New York's 14th Congressional District. The defeat of a 10-term incumbent, previously thought to have been a potential future Speaker of the House, by a self-described Democratic socialist who raised and spent millions less than Crowley, has sent shockwaves through the Democratic establishment.

"When we vote, this is what happens," Ocasio-Cortez declared today after her stunning upset victory, following on the heels of her viral campaign video in which she declared the race "about people versus money. We've got people, they've got money." In the strongly Democratic district in Queens and The Bronx, she is almost certain to win this November.

In Maryland, meanwhile, another proudly progressive Bernie Sanders acolyte, former NAACP Chair Ben Jealous bested several other Dems to win the nomination to run on his bold populist agenda against popular GOP Gov. Larry Hogan this November.

Also on Tuesday night, a federal judge in San Diego --- a George W. Bush appointee --- issued a ruling requiring the Trump Administration to reunite families separated at the border within 30 days or less. (Within 14 days, if children younger than 5 are included.)

On Wednesday, however, things to several turns for the worst. First, the stolen 5 to 4 majority on the U.S. Supreme Court, in yet another far-right ruling overturning decades of established law, struck down so-called agency fees that public sector unions had been allowed to charge non-union members in exchange for representing them in collective bargaining negotiations. Though federal law still requires that non-union members receive the same pay and benefits as union members, the Court's final ruling issued before Summer recess means public sector unions are likely to lose millions of dollars and hundreds of thousands of members. The decision is seen as a huge blow to labor and a long-sought victory for Republicans. In her dissent to Justice Samuel Alito's majority opinion finding the 40-year old violated First Amendment free speech rights of non-union members, Justice Elena Kagan charged her GOP colleagues with "weaponizing the First Amendment" for political purposes. "At every stop," she charged in her opinion, read from the bench, "there are block-robed rulers overriding citizens' choices. The First Amendment was meant for better things."

But the day's largest earthquake, by far, came shortly thereafter, as 81-year old Justice Anthony Kennedy, a conservative Ronald Reagan appointee, who was often the swing-vote on issues such as abortion, gay rights and other progressive causes, announced he would be retiring at the end of July.

Nichols, author of The Horsemen of the Trumpocalypse, helps us navigate all of the above today, with analysis and insight on all of today's political earthquakes, as well as my argument that Senate Democrats must now follow the so-called "McConnell Rule" --- which Senate Republicans used to prevent a vote on Merrick Garland, President Obama's nominee to fill a vacant SCOTUS seat, for nearly a year in 2016 before it was ultimately filled by Trump's nominee Neil Gorsuch in 2017.

Not only must Dems insist on no voting on any Trump nominee to SCOTUS until after the November Election and the seating of the next Senate, just as McConnell and the Republicans did in 2016, but since Repubs unilaterally changed the Senate filibuster rule in order to force Gorsuch's confirmation through with a bare majority, Dems should consider walking out entirely --- for months, if necessary --- if the absence of a Senate quorum might prevent a vote on whoever Trump nominates to fill Kennedy's seat.

Yes, shut it all down, if necessary. As I argue today, the stakes are now that high. In order to prevent the further erosion of enumerable long-held American rights and values, Democrats now need to put it all on the line in advance of the 2018 midterm primary, which could flip the balance of the upper chamber to the Democrats. Nichols responds with his own thoughts in response to my assertion, and much more --- including on some of the otherwise very good news for progressives from Tuesday's primaries...

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On today's BradCast: The U.S. Supreme Court seat stolen by Senate Majority Leader Mitch McConnell and his Senate Republicans --- who carried out the unprecedented blockade of President Obama's SCOTUS nominee Merrick Garland for almost a year following the death of Antonin Scalia --- paid off in spades today in two separate 5 to 4 decisions which should forever have an asterisk next to them in the history books. [Audio link to today's show is posted below.]

First up today, however, primary elections are being held in seven states on Tuesday in New York, Maryland, Utah, Colorado and Oklahoma, with primary runoffs in Mississippi and South Carolina. We'll have noteworthy results and problem reports on tomorrow's BradCast, though we already know of one huge problem in Baltimore. (No, it's not a mere "glitch" or "snafu", Baltimore Sun. It is a failure...at the very least!) On Monday night, it was revealed that Maryland failed to include updated voter registration information for some 80,0000 voters who made changes to their party affiliation or residential addresses since April of 2017. The announcement was made by the state late on the evening before Tuesday's elections, in which those voters were forced to vote on provisional ballots at the polls. Those ballots will be included in the results, but won't be tallied until next week.

Then, we're joined again today by Slate's great legal reporter MARK JOSEPH STERN to discuss both of the U.S. Supreme Court's grim rulings today on Trump's Muslim travel ban and on so-called "crisis pregnancy centers", as well as several decisions from Monday --- all of which, Stern correctly points out, would almost certainly have seen the opposite outcome under Garland instead of Justice Neil Gorsuch who has been the "decisive 5th vote" in each of the cases. "Every single one of the decision that we're talking about right now would have come out differently if Justice Merrick Garland were sitting on the Supreme Court right now instead of Justice Neil Gorsuch. We would have an end to partisan gerrymandering, an end to racial gerrymandering, an end to voter suppression, an end to crisis pregnancy centers' efforts to be lawless and not have to comply with basic medical licensing. The travel ban would be struck down. It's almost brutal to think about how all of these cases would turn out if the man who should be on the Court were on the Court."

Stern details Chief Justice John Roberts' 5 to 4 majority opinion in the travel ban case, in which the Court overturned multiple lower courts to uphold Trump's third attempt at banning immigrants and travelers from several majority Muslim countries. As dissenter Justice Sonia Sotomayor also does, Stern compares the ruling to the notoriously shameful 1944 Supreme Court decision in Korematsu v. U.S., which allowed Japanese-Americans to be forced into internment camps during WWII. Today's ruling is being described as "shameful", “hateful" and "racist" by immigration advocates and religious groups alike. Stern calls the decision --- in which Roberts largely dismisses Trump's oft-repeated statements revealing his personal animus towards Muslims --- as "Korematsu 2.0"

"This Court is not as disturbed and disgusted by Trump's approach to immigration as I think a majority of Americans are," he tells me. "This is a Court that's eager to bless the President's moves in the realm of national security, and to basically believe his pretext, even when it's flagrantly B.S"

Sotomayor argues in her dissent: "By blindly accepting the Government's misguided invitation to sanction a discriminatory policy motivated by animosity toward a disfavored group, all in the name of a superficial claim of national security, the Court redeploys the same dangerous logic underlying Korematsu and merely replaces one gravely wrong decision with another."

Stern also details Justice Clarence Thomas' 5 to 4 majority opinion which, under a pretext of First Amendment free speech rights, strikes down California's restrictions on anti-abortionist scam artists posing as phony medical clinics to hoax pregnant women into not receiving abortions. Thomas, charges Stern, "wrote an astonishingly broad decision that effectively says the government has no power to regulate professional speech, no power to regulate medical speech, or doctors' speech, except when they are telling abortion patients not to get abortions." In all, he says, describing how the Court is also targeting voting rights by reversing multiple lower courts in recent rulings, they are "on a kind of tear right now, overturning court after court" and/or using any "flimsy reason to send a case back down" for rehearing.

Yes, elections matter, if you haven't noticed. In the case of the 2016 election, the result will now haunt the U.S. for generations.

Finally today, we're joined by Desi Doyen with the latest Green News Report on the climate changed-fueled flooding in Iowa that resulted in an oil train derailment and hundreds of thousands of gallons of dirty tar sands crude spilled into the drinking water supplies, and other such cheerful news to close out today's program...

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As the GOP's stolen U.S. Supreme Court further undermined American democracy today...and as climate change-fueled extreme weather resulted in a tar sands oil train derailing and leaking hundreds of thousands of gallons of crude into the drinking water supply for Iowa (and perhaps even Nebraska)....and as the President of the United States lied about immigration facts again while calling for the violation of both U.S. and international law by ending all Constitutional Due Process rights for those seeking asylum in the U.S....many of the always-reliable hand-wringers in the corporate mainstream media and the same Rightwingers who went all the way to the U.S. Supreme Court to support a bigoted baker who refused to bake a cake for a gay couple, are just beside themselves that some Administration officials are facing public protests for their abhorrent complicity in undermining so much that the U.S. supposedly stands for.

We detail all of that on today's BradCast, and open up the phones to listeners on all of it, including calls on whether it's appropriate (and/or long overdue) to protest/shun public officials in their private lives (at restaurants, etc.); what really needs to be done regarding immigration (lots of fact-checking today to Trump's continuing lies about it), and whether, as student protester Mario Savio said, when kicking off the Free Speech Movement at Berkeley in 1964, this is a "a time when the operation of the machine becomes so odious, makes you so sick at heart, that you can't take part! You can't even passively take part! And you've got to put your bodies upon the gears and upon the wheels...upon the levers, upon all the apparatus, and you've got to make it stop! And you've got to indicate to the people who run it, to the people who own it, that unless you're free, the machine will be prevented from working at all!"...

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On today's BradCast, we have not one, but two important and separate warnings for Donald Trump and the Republican Party, as pulled from the deep audio archives of 1988. Both of which --- on two separate topics from two separate people --- they seem to be completely ignoring, even as one of those warnings comes from their supposed idol Ronald Reagan. [Audio link to show posted below.]

First up today, the Trump-caused child immigration crisis continues to unfold with several disturbing new reports of unspeakable abuse at two separate federally-contracted facilities, based on filings in new federal court cases. One from Associated Press on beatings and more at a youth facility in Virginia and the other from the Center for Investigative Reporting on the forced injection of psychotropic drugs at a facility near Houston. That, as an Executive Order signed by the President on Wednesday, reversing part of his Administration's policy, fails to speak to family reunification for more than 2,300 children separated from their parents in recent weeks under Trump's "zero tolerance" border policy, and an Administration request to the Pentagon for space to house some 20,000 migrant children.

While all of those American nightmares have been unfolding over the past week, the effects of Trump's growing trade war have been quietly playing out in the background, as the Dow has dropped some 600 points over the past four days, with China and friendly allies like Canada, Mexico and the EU vowing massive and swift retaliation for ill-considered tariff's on foreign imports instituted by Trump. Among the hardest-hit victims of his new trade wars: farmers who were among some of biggest supporters of Trump's candidacy in 2016.

Perhaps that explains why, as share in an audio clip from 1988 today, Ronald Reagan warned: "We should beware of the demagogues who are ready to declare a trade war...all while cynically waving the American flag."

Next, we're joined by MARK JOSEPH STERN, legal reporter at Slate, and our "Supreme Correspondent" this month, as the U.S. Supreme Court slowly releases a bevy of decisions in advance of their planned Summer recess, on a number of major cases heard at the high court over the past term. Among the cases we discuss today:

• On Thursday, SCOTUS released a 5 to 4 decision allowing states to impose sales taxes on all online purchases. The ruling found some very strange bedfellows in both its majority and minority opinions, but both Stern and I agree, the decision makes sense, and will be good for local retailers, jobs, the economy and state budgets where, particularly in "red" states, tax cuts in recent years have lead to the gutting of education, infrastructure and other important social services. The 1967 SCOTUS ruling struck down today, was "a totally capricious standard that the Court created itself," Stern argues. "This was the Court fixing a problem that it made."

• Stern also details an exceedingly troubling --- if little reported --- case out of South Dakota, where a man was found guilty of murder and sentenced to death, according to jury members themselves, they feared, as a gay man, he might enjoy life in prison too much. Seriously. Perhaps the most disturbing part of this matter: the Court declined to hear the case at all. Even the liberal Justices failed to offer a written dissent to the Court's decision.

• We also discuss the SCOTUS' regrettable punts this week on two partisan gerrymandering cases in Wisconsin and Maryland. (More on those cases earlier this week, with author David Daley on Monday's BradCast.)

• And the seemingly unprecedented federal court smack down of Kris Kobach, notorious GOP "voter fraud" fraudster and Kansas Secretary of State. His "Proof of Citizenship" voter registration law was struck down by a George W. Bush-appointed federal judge, and he was slapped for his contemptible performance in the courtroom --- where he represented both himself and the state of KS --- with more humiliating sanctions that include an order to attend six hours of legal classes. Moreover, as Stern reports, Kobach appears to be in still more violation of court orders, as he has yet to remove the requirement for citizenship documentation for voter registration from the KS Sec. of State website, as the judge ordered him to do "immediately" in her ruling on Monday.

  "I think that there is a decent chance that we could see even more sanctions for Kobach after this," Stern tells me. "Kobach is such a clown that this judge is going to finally have to bring down the hammer and I think it's going to be a glorious sight." (More on that case, with Sophia Lakin, one of the ACLU trial attorneys on the case, from Tuesday's BradCast.)

• Previewing the cases still to come before the end of the month, Sterns warns: "I think the Supreme Court is going to hobble public sector unions by preventing them from collecting dues from no-union members. I worry the Supreme Court is going to uphold the [Muslim] travel ban. I do think the Court may put real limits on the government's ability to collect information about where your cell phone has been from your provider. That's going to be a bright spot, I hope. But I also think the court's going to end up striking down California's disclosure requirements for crisis pregnancy centers. So, this is s not going to be a good term for progressives. I think everyone needs to just buckle in and focus on November."

Finally, Desi Doyen joins us for the latest Green News Report on a number of important issues that the Trump Administration did quietly this week as the rest of the nation and media were consumed with the child immigration story, and the 30th anniversary of Dr. James Hansen's first dire warning to Congress --- also in 1988 --- about the then-looming menace of global warming due to the unprecedented release of greenhouse gasses, such as carbon dioxide from the manmade burning of fossil fuels, into the atmosphere...

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