Bad news for voters in the Buckeye State. Good news for partisan Republicans who prefer to win elections by making it more difficult for voters to vote.

In a 5 to 4 decision, the Rightwingers on the U.S. Supreme Court have now overturned the 6th Circuit's earlier ruling that had blocked Ohio Republicans' attempt to limit early voting by shortening the Early Voting period by one week, eliminating the week where voters could both register and vote on the same day, and by doing away with Sunday voting before the election...

From UC Irvine election law professor Rick Hasen...

See Hasen's coverage for his analysis of what happened here, and why he believes it was a mistake to even challenge the OH Republicans' new restrictions on early voting. Please note: We don't necessarily agree or disagree with his analysis, at this time. But you can read it and decide for yourself.

Our most recent coverage of the 6th Circuit Court of Appeal's decision to uphold the lower District Court decision blocking the GOP voting restrictions is here.

The GOP in Ohio has been attempting to shorten and otherwise restrict Early Voting in the state ever since reforms put in place in 2005 --- in response to the embarrassingly disastrous 2004 Presidential Election there --- worked well enough that most of the problems voter had voting had disappeared by 2008. As we have documented over the years, every time they tried to limit those successful reforms, the courts had blocked them from doing so. They did so again this year, until today's 5 to 4 ruling by the Supremes.

It should also be noted that it is, arguably, because John Kerry failed to keep his promise and fight to make sure every vote was counted in Ohio's contested 2004 election, that the U.S. Supreme Court has now gone so hard to the right, with the addition of Justices Roberts and Alito during George W. Bush's second term.

With today's SCOTUS ruling, and the bad news from the partisans on the 7th Circuit concerning WI Republicans' draconian Photo ID voting restrictions, as our legal analyst Ernie Canning detailed this morning, it seems many of this year's most important elections may be won, or lost, in the courts --- before Election Day even gets here.

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With just weeks to go before mid-term elections and a "too close to call" Gubernatorial contest, disenfranchisement and electoral chaos in Scott Walker's Wisconsin reign supreme. And only the U.S. Supreme Court may now be able to do anything about it.

In a 5 to 5 ruling, an evenly divided, en banc U.S. 7th Circuit Court of Appeal has issued a Cursory Order [PDF], summarily denying an ACLU Petition for an Emergency Rehearing to put the brakes back on the state Republicans' Photo ID voting restriction in advance of the November election.

The ACLU petition followed on the recent extraordinary ruling by three Republican appointees to the federal bench that had vacated a permanent federal court injunction of the law. That injunction, until it was lifted by the three-judge 7th Circuit panel just weeks ago, prevented Wisconsin from enforcing a Photo ID voting law which a U.S. District Court judge had found would likely result in the disenfranchisement of up to 300,000 perfectly lawful registered voters who lack the now-requisite, state approved photo IDs.

As we recently reported, the ACLU, in its emergency petition, argued that it will be virtually impossible for the Badger state's Department of Motor Vehicles to process the number of official state photo IDs that would be required to insure that every lawfully registered voter who desires to vote would get the opportunity to vote in the upcoming Nov. 4 election. Moreover, thousands of absentee ballots that had already been mailed prior to the 7th Circuit panel's lifting of the injunction may not be counted since they did not include notice of the new rules requiring that they must be accompanied with copy of the voter's photo ID.

Following the 5 to 5 decision of the full 7th Circuit (one seat remains vacant, more on that below), the ACLU and other plaintiffs' only recourse for now will be an emergency petition to the U.S. Supreme Court. Given the deadlock by the 7th Circuit and reasoning applied not only by the original U.S. District Court Judge in this case, and also by a 6th Circuit panel in an Ohio early voting case, as well as by six (6) of the (9) U.S. Supreme Court Justices who took part in a landmark 2008 Photo ID decision --- all decisions which were inconsistent with the reasoning applied by the three-judge 7th Circuit panel in the Wisconsin case, which has now been essentially upheld --- a challenge at the U.S. Supreme Court has at least a reasonable prospect of success.

If you're confused, read on. We'll help you make sense of this...

Yes, Ohio Republicans are still barred from limiting the early voting period and still required to restore the days and hours they had, yet again, tried to cut off. At least they are barred, again, for now.

On Wednesday, a unanimous three-judge panel of the U.S. 6th Circuit Court of Appeal issued a 50-page ruling [PDF] in which it upheld a lower court's preliminary injunction from three weeks ago that prevented Ohio’s Republican Secretary of State John Husted from implementing a Feb. 19, 2014 GOP-engineered statute, and his own further Directive, which would have drastically reduced the number of early voting days and hours and eliminated same-day registration and voting during the first five days of a previously established 35-day period of early voting in the Buckeye State.

Reflecting the fact that he anticipated an adverse ruling, Ohio's Republican Attorney General Michael DeWine filed an Emergency Appeal for a Rehearing [PDF] by the full 6th Circuit, on the very same day the three-judge panel handed down their decision. His appeal presents essentially the same arguments that have now, repeatedly, been rejected by the courts, first in a 2012 case, Obama for America v. Husted, and now, again, in Ohio State Conference of the NAACP v. Husted...

Working on an unrelated in-depth story at the moment, hopefully for publication tomorrow. So, in the meantime, please see this report from TPM about disturbing allegations (yet again) of Scott Walker supporters' plans for intimidation of Democratic voters in Wisconsin...

Back in 2011 and 2012, some Walker supporters had violently assaulted those attempting to collect recall signatures; were caught planning to destroy recall petitions; were arrested and charged for actually doing so; were said to have made overnight death threats by telephone to supporters of the Recall Walker effort, among other attempts at voter intimidation.

Walker is up for re-election in November and his race with Democratic challenger Mary Burke is currently characterized by Real Clear Politics' polling average as a "toss-up".

Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...

With "electoral chaos" said to be reigning in Wisconsin following last week's extraordinary ruling by three Republican appointees to the federal bench, the American Civil Liberties Union (ACLU) has filed an Emergency Petition for Rehearing En Banc [PDF] before the full U.S. 7th Circuit Court of Appeal.

The ACLU is seeking the immediate reinstatement of the District Court's injunction of the state Republicans' Photo ID voting law. The lower court had previously found the statute to be, in no uncertain terms, in violation of both the U.S. Constitution and the federal Voting Rights Act.

When they later file briefs, the ACLU and other attorneys representing the plaintiffs in Frank v. Walker will undoubtedly go into greater depth to explain how the three GOP members of the 7th Circuit panel erroneously interpreted the U.S. Supreme Court's 2008 decision in Crawford vs. Marion County Elections Board and how the WI law, "Act 23", is "materially different from" the Photo ID law passed by Indiana Republicans and approved by SCOTUS in 2008.

The emergency filing, however, zeroes in on what the ACLU describes as chaos and disenfranchisement that will likely be caused by an "extraordinary decision" last week, which, they say, seeks to effectuate a "slapdash implementation" of a radical and complex change in the Badger State's election law just seven weeks prior to the November 2014 general election...

Though I am not being paid to play, I will be speaking for free a few minutes after the 7:50p showing of documentary filmmaker John Wellington Ennis' latest years-in-the-making masterwork, Pay 2 Play: Democracy's High Stakes, on Wednesday (9/17) out here in L.A.

I'm also in the film, but don't let that keep you from coming if you're anywhere near the 'hood. As usual, our friend Mr. Ennis (director of one of my favorite Election Integrity films, FREE FOR ALL!: One Dude's Quest to Save Democracy - click that link to watch the great trailer!) has put together an ingenious, enlightening, very funny and very frustrating portrait of our post-Citizens United democracy and what the hell there is left to do about it. It also features some fantastic stories and terrific voices, many of whom you may be familiar with.

So if you're in the L.A. area on Wednesday night, please stop by for the screening and say hey afterword! Here's the deets...

On Monday, the U.S. Senate voted to move forward with a final vote on a joint resolution to propose an amendment to the U.S. Constitution that would overturn the Supreme Court's infamous Citizens United decision.

The 79 to 18 vote to end debate and move on to a final vote on the measure included 25 "yes" votes from Republicans. However, The Hill reports, many of the GOP Senators are expected to vote against the resolution, "but by allowing it to proceed [they] ensured that it will tie up the Senate for most of the week." The Senate, which just returned from its 5-week summer recess on Monday, is in session for just two weeks before breaking for mid-term elections. A vote on the resolution may help to run out the clock on other Democratic priorities before the next recess.

Citizens United, as we wrote just after the U.S. Supreme Court's 2010 decision, has "opened the door to the creation of a new master-class under the aegis of the most undemocratic of institutions --- the private corporation." In fact, it has proven to have opened the floodgates for would be oligarchs, like the self-described "libertarian" Koch brothers, to further undermine the very foundation of our representative form of democracy --- a strategy that has resulted in their spending as much as $300 million to win control of the U.S. Senate for Republicans in the upcoming mid-term elections alone.

"We should have debate on this important amendment," Senator Chuck Grassley (R-IA) declared before casting his vote for cloture, in order to end the debate on Monday. "The majority should be made to answer why they want to silence critics."

One Republican Senator who voted against cloture, who is apparently not even in favor of allowing the U.S. Senate to vote on the measure, is Kentucky's Rand Paul. The similarly "self-described libertarian" Paul, who is not up for re-election this year, but is currently a front-runner for the 2016 Republican nomination for President, joined a minority of his GOP colleagues in voting against allowing the proposed amendment to receive an up or down vote. That vote, as well as his past efforts to shield corporations from democratic and legal accountability, underscore once again that the Kentucky Senator and the infamous Koch brothers are cut from the same cloth.

As Sen. Bernie Sanders (I-VT), a co-sponsor of the amendment, observed, the measure entails the "major issue of our time": to wit, "whether the United States of America retains its democratic foundation or whether we devolve into an oligarchic form of society where a handful of billionaires are able to control our political process by spending hundreds of millions of dollars to elect candidates who represent their interest."

If it's up to Rand Paul, clearly he favors the latter.

Monday's vote is also a reminder that the upcoming 2014 mid-term elections are far more important than ordinary citizens may realize. The long-shot resolution, S.J. Res 19, would require two-thirds approval in both the U.S. Senate and House of Representatives before moving on for ratification as an Amendment to the U.S. Constitution by three-quarters of the state legislatures. Given that extraordinary requirement, those voters who may oppose unlimited "dark money" political spending by corporations and billionaires would have to ignore a blizzard of Koch propaganda this year and vote Democratic or independent candidates into control of both chambers of Congress in order for the Amendment to become a reality.

When will this 'tyranny' end?! Out today from the non-profit Kaiser Family Foundation:

On Wednesday, U.S. District Court Judge Martin Feldman became the first federal judge since the U.S. Supreme Court's 2013 Windsor decision to uphold a state marriage-equality ban. But it's hardly the first questionable ruling by Feldman.

On this week's KPFK/Pacifica Radio BradCast I was joined by BradBlog.com's legal analyst Ernest A. Canning to discuss his 2010 call for Feldman's impeachment after his ruling that lifted the temporary federal moratorium on off-shore drilling following the BP oil disaster in the Gulf. Feldman, it turns out, failed to disclose his many conflicts of interest in the case or recuse himself at the time.

(And speaking of corrupt federal judges with lifetime appointments who need to be impeached immediately, please do not forget this one!)

I also talked with Ernie about his belief that Photo ID voting restrictions will be struck down by the federal court in Texas, and then at the U.S. Supreme Court.

Other issues also covered on this week's show: rape and murder convictions tossed out after 30 years for two NC men on death row, thanks to DNA evidence; the CA 'recount' reform bill blocked by state Republicans after the close election in state history; the new report finding Citizens United has directly resulted in more Republicans elected to office; and much more, including, as usual, Desi Doyen and the latest Green News Report...

Download MP3 or listen online below [appx 58 mins]...

Today, a federal judge in Louisiana upheld that state's ban on marriage equality, making him the first to find that such bans are not in direct violation of the U.S. Constitution's Equal Protection clause since the Supreme Court's landmark Windsor v. U.S. decision.

Today's ruling follows an unbroken string of federal decisions --- in both U.S. District and Appellate courts --- striking down similar bans in state after state after the 2013 Windsor decision's determination that the U.S. government may not deny equal benefits to married same-sex couples.

In his ruling, U.S. District Court Judge Martin Feldman, wrote that the concept of same-sex marriage was "nonexistent and even inconceivable until very recently"; that the state had a "legitimate interest...in linking children to an intact family formed by their two biological parents"; and that marriages between two individuals of the same sex was based on "lifestyle choices".

And now, you'll be shocked to learn that Feldman --- a Ronald Reagan-appointee and a close friend of Justice Antonin Scalia (who wrote the Windsor dissent for the Court's minority) --- has a damning record of judicial corruption.

The BRAD BLOG's legal analyst and attorney Ernie Canning offered a damning case for Feldman's impeachment in 2010, after he struck down the federal moratorium on off-shore drilling instituted in the Gulf of Mexico following the deadly 2010 BP oil disaster there.

As Canning detailed at the time, despite financial holdings in the oil industry that would have been directly affected by his own ruling, Feldman failed to properly disclose those conflicts of interest and recuse himself from the case.

"Despite having served as a federal judge for 27 years, Judge Feldman is unfit to sit in judgment of others," Canning wrote in response to the evidence in June of that year. "The only appropriate recourse is for a member of the U.S. House of Representatives, who takes his or her oath of office seriously, to introduce articles of impeachment against Judge Martin Leach-Cross Feldman."

• Read Canning's detailed 2010 coverage and call for Feldman's impeachment here...

I'm sure fans of the Death Penalty will be terribly disappointed to learn that these two men have had their convictions tossed after 30 years in jail and before they could be killed by the Government...

UPDATE 9/3/2014: Dahlia Lithwick at Slate offers more details on this case, and explains how U.S. Supreme Court Justice Antonin Scalia cited the case of McCollum, who we now know to be innocent, several times over the years in support of the Death Penalty.

This is heartbreaking. A 20-year old gay college student from Kennesaw, Georgia is confronted, assaulted and disowned by his own twisted, confused, cruel family, as captured on video...

The video went viral after it was published by Dan Savage on Wednesday.

Despite the incredibly disturbing video, in which Daniel Ashley Pierce's father, stepmother, mother and grandparents confront him --- at times violently --- to go get therapy so he'll stop being gay, or else move out of the house, there is a "happy" ending here, of a sort.

Pierce's boyfriend set up a Go Fund Me site for him yesterday to raise $2,000 for him to live on, after being kicked out of the house and trying to find a new place to live.

By this morning, the video has been viewed nearly 2.5 million times, and the Go Fund Me site, which Pierce said he didn't even know had been created, has raised some $66,500 for him. Thirty minutes ago he posted this updated note to supporters there:

WOW!! I am so blessed by all of this! I want to give everyone of y'all a hug! I am without words right now! THANK YOU THANK YOU! I will be using a portion of this money to help others in the same situation! I want to make a difference and if I can save one kid the hurt and abuse that I went through I will be happy!! Each and everyone of y'all have made a huge impact on my life and I am feeling the love!! The kind words are helping me move on

As clueless, sad, twisted folks like Pierce's family members wanted Daniel to seek (cruel and discredited) "Pray the Gay Away" therapy, perhaps it's time someone sets up a "Pray the Hate Away" movement. We could really use one right about now.

[Hat-tip RAW STORY...]

Earlier this week I wrote about Charlie Grapski's attempt to get at the Ferguson and St. Louis County Police Department's documentation on Officer Darren Wilson's killing of Michael Brown via a long string of public records requests under the Missouri Sunshine Act law.

On this week's BradCast on KPFK/Pacifica Radio, I spoke with Grapski, who heads up PhotographyIsNotACrime.com's new Opens Records Project, concerning his tireless efforts to obtain the real Incident Report and other documentation of Brown's shooting from either department --- if such documentation actually exists, as is required by law.

Grapski explains that, based on some pretty solid evidence he's received in response to his open records requests to date, he believes "it's more likely than not" that an actual Incident Report of the event was created by the police, but that "they have withheld it." If so, that would amount to a criminal cover-up and a very serious violation of the law. Listen to my full conversation with him for much more.

Also this week, an update to our interview last week with Rep. Hank Johnson (D-GA) regarding his legislation to demilitarize the police: The President has announced a task force to review the Pentagon's 1033 program that has transferred billions in surplus arms and other military equipment to local police around the nation. We also covered the latest maddening news in the story of U.S. District Court Judge Mark Fuller --- who presided over the trial political prosecution of former AL Gov. Don Siegelman (D) --- as the George W. Bush lifetime appointee to the federal bench attempts to avoid his own prosecution all together after having been recently arrested on charges of beating his wife bloody in an Atlanta hotel room.

Plus: The latest on the GOP's Photo ID voting battle in WI; Rick Perry's latest "oops"; the newly published, secretly-recorded audio tapes revealing, once again, how the Republicans and the Koch Brothers now have a death-grip on democracy; and, as usual, the latest Green News Report with the lovely Desi Doyen, and a few other things.

Lots of news, muck-raking and trouble-making in just under 58 minutes. Please enjoy!...

Download MP3 or listen online below...

As noted previously, I am originally from (and embarrassed for) St. Louis County, MO. Recently, I spoke to a family member for the first time since the mess blew up in Ferguson, and she told me that, while troubled by it, she was willing to "wait until all the information came out" before passing judgment one way or another.

But, as I explained, there is no need to wait. Judgment may already be passed. No matter we may later learn, the police in Ferguson and St. Louis County broke the law and violated their own written policies by not detailing what happened in an Incident Report after Ferguson Police officer Darren Wilson gunned down Michael Brown, an unarmed African-American teenager, in the middle of the street more than two weeks ago.

That, pretty much, tells you all you need to know in order to pass judgment. Whatever happened during that tragic afternoon, the local police immediately began either covering it up or lying about it. How else to explain the lack of an Incident Report, which must be filed after any such incident?

After the shooting, many wondered why the police hadn't released their Incident Report of the event to the public. After all, they released a full report, and surveillance video, from a convenience store incident where they allege Brown had shoplifted some cigars just minutes prior to his killing. So, where was the Incident Report describing the matter in which Wilson shot Brown dead just minutes later during an unrelated confrontation on the street? We now know there was no such report, at least according to the documents finally released by the police themselves. The laughably terse "Incident Report" eventually released by the St. Louis County Police (the Ferguson Police never released one of their own), includes little more than a date and an address where the shooting occurred, but no other information about what actually happened.

Moreover, dates on the few documents released make it fairly plain that the Incident Report released to the public, bereft of actual information about the, ya know, incident, was filed some two weeks after the actual killing.

In a long, detailed and meticulously-documented post at PhotographyIsNotACrime.com (PINAC) on Monday, Charlie Grapski outlines a string of public records requests he filed with Ferguson and St. Louis County police in an attempt to get at the Incident Report (and other documents) related to Brown's shooting.

The upshot: there were no contemporaneous reports of the incident at best, or, more nefariously, there was an Incident Report, but the local police have since destroyed it, or are otherwise covering the entire affair up by not releasing it to the public and lying about it...

Trying to make sense of all the different court rulings in Wisconsin on their partisan Photo ID voting laws? We'll try to unpack that for you.

The short version: Two different state trial courts found the GOP's Photo ID restriction on voting to be a violation of the state constitution's right to vote. A federal trial court (aka U.S. District Court) similarly found the law to be a violation of various parts of the U.S. Constitution.

The partisan WI state Supreme Court recently overturned the decisions in the two state cases --- literally re-writing the law as they did so (yes, actually legislating from the bench on behalf of Republicans). Wisconsin's Republican Governor Scott Walker, whom recent polls suggest is in a virtual dead heat with his Democratic challenger Mary Burke, then asked the federal appellate court to immediately overturn the U.S. District Court's injunction, which still blocks implementation of Wisconsin's Photo ID law.

Last week, the federal appellate court turned down Walker's request that it immediately overturn the federal injunction. Wisconsin election officials are, at present, still barred from enforcing the controversial law in the Badger State.

Specifically, last week, the U.S. Seventh Circuit Court of Appeal issued an order [PDF] in which it refused an emergency stay of the federal court decision permanently enjoining Wisconsin's partisan Photo ID law prior to oral arguments on the merits of the state's federal appeal. Yes, the state not only appealed the adverse ruling in the two state cases (successfully), but they also appealed the initial federal court decision as well.

The permanent injunction in federal court was issued earlier this year by U.S. District Court Judge Lynn Adelman who, in a landmark 90-page decision and order [PDF] following a full trial, found that the Republican-enacted Photo ID law violated the U.S. Constitution and that it was "absolutely clear" that it "will prevent more legitimate votes from being cast than fraudulent votes."

Last month, following the issuance of the two decisions by the sharply divided and extraordinarily partisan Wisconsin Supreme Court which lifted the state court injunctions in two different state cases --- Milwaukee Branch of the NAACP vs. Walker [PDF] and League of Women Voters of Wisconsin v. Walker [PDF] --- Walker filed his Expedited Motion for a Stay Pending Appeal of the Permanent Injunction [PDF] in the federal appellate court.

In it's ruling last week, the 7th Circuit upheld the portion of the Wisconsin Supreme Court decisions which changed the law by directing the state's Department of Motor Vehicles to issue Photo ID cards sans requiring documents, such as birth certificates, for which the elector had previously been required to pay a fee to a government agency. That issue, however, is only one of the reasons why U.S. District Court Judge Adelman initially found the polling place Photo ID law constitutionally infirm. While we will have to await a final decision --- and even that decision will, no doubt, make its way to the U.S. Supreme Court eventually --- the current ruling issued last week suggests that the 7th Circuit did not see that one single issue as sufficient to immediately stay Judge Adelman's permanent injunction in federal court.

The 7th Circuit will hear oral arguments on September 12 --- less than two months prior to the November General Election. It is likely the 7th Circuit will expedite its decision. Stay tuned!

Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...