This week's federal court decision to strike down Wisconsin's polling place Photo ID law has national significance and does not bode well for Republicans who have been attempting to advance such electoral schemes in recent years, as based on misleading "facts", wild claims and dishonest interpretations of case law and court precedent.

The court's landmark decision in the Wisconsin case contains a methodology for testing the law's constitutionality that, if applied by other courts in similar federal challenges to similar laws in other states, would likely mark the beginning of the end for Republican-enacted, polling place Photo ID restrictions. We describe that possibility as "likely", given that a careful reading of prior case law suggests that six of the Supreme Court's nine Justices have already subscribed to legal opinions that are consistent with the methodology used by the federal court in Wisconsin.

In late 2011, shortly after the filing of the first of the two federal cases that resulted in this week's ruling finding that Wisconsin's polling place Photo ID law (Act 23) violated both the U.S. Constitution and Section 2 of the Voting Rights Act (VRA), The BRAD BLOG explained why the issues before the federal bench in Wisconsin "could reverse similar laws nationwide."

The 90-page decision and order [PDF] that U.S. District Court Judge Lynn Adelman meticulously crafted, not only after a full trial on the merits, but over a span of more than 3 1/2 months following it, suggests that our earlier prediction may have been an understatement.

In declaring Wisconsin's Republican-enacted Photo ID law unconstitutional and a violation of federal law, Judge Adelman applied a very specific test for the law, one called for by the U.S. Supreme Court back in 2008. That same test, measuring the potential benefits of such laws against their possible harm to voters' rights, if similarly applied elsewhere, would likely invalidate most, if not all of the similar restrictions which have been rammed through numerous GOP-majority state legislatures over the past six years.

While stopping short of describing Republican "justifications" for such laws as a mere pretext for voter suppression, Judge Adelman's decision persuasively finds that the core GOP claims about the supposed need for polling place Photo ID restrictions cannot withstand judicial scrutiny when tested against a fact-based reality in a court of law. The judge found, in no uncertain terms, that such laws are constitutionally infirm because, without legitimate state interests for such restrictions, they serve only to disproportionately disenfranchise the poor, the elderly and minority voters...

It was a very independent and very activist-y BradCast on KPFK/Pacifica Radio this week, on a whole bunch of levels.

First up: Christina Tobin, Founder & Chair of The Free & Equal Elections Foundation --- and co-moderator, with Larry King, of the 2012 Presidential Debate where all of the major candidates were invited (as opposed to to just two of them). We discussed her group and their upcoming United We Stand Fest at UCLA on May 10th, which is set to feature a ton of very cool politicians (of all parties), journalist, musicians...and me.

Next: Why Tuesday's landmark decision in a federal court in Wisconsin, striking down that state's GOP polling place Photo ID restriction law is so important to the entire nation, and why Scott Walker and a whole bunch of Republicans across the country aren't gonna like it at all.

Then: Dr. Margaret Flowers of PopularResistance.org --- a pediatrician who left her private practice in 2007 to become a full time activist and advocate for single payer health care --- tells my why, despite what I see as Obamacare's very clear success, I'm completely wrong about it, why it's a "scam" and why she's a "conscientious objector" to the Affordable Care Act.

Followed by: A few brief remarks about the crushing loss this week --- for the entire nation --- of our friend Tim Carpenter, the indefatigable and relentless co-founder of Progressive Democrats of America.

Finally: As always, Desi Doyen joins us for the latest Green News Report and a preview of more fossil fuel disasters to be covered tomorrow...

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As a former Republican, I can't help noticing the dark irony in the abandonment of rogue Nevada rancher Cliven Bundy by Republican politicians and right-wing media figures on the heels of his incendiary comments last week about "the Negro."

Bigotry is never funny, as Los Angeles Clippers owner --- and (contrary to right-wing media misinformation) registered Republican --- Donald Sterling has proven. However, one can't help chuckling over the fact that right-wingers tried to wash their hands of Cliven the Cretinous just a few days after they celebrated a US Supreme Court ruling limiting affirmative-action efforts in higher education.

The two issues are connected, though not in the way one might think...

[This article now cross-published by Salon...]

Very big news out of a federal court in Wisconsin today, where the state's polling place Photo ID law (Act 23) has now been struck down as both a violation of the federal Constitutional as well as under Section 2 of the Voting Rights Act.

While similar laws, all enacted by Republicans, have been struck down by state courts before --- indeed, Wisconsin's, was already found in violation of the state constitution in state court --- and in federal courts under Section 5 of the Voting Rights Act, today's ruling is the first to strike down such a law under Section 2 of the VRA.

The landmark ruling will almost certainly have national implications for federal challenges in other states against similar restrictions recently enacted by Republicans.

Last summer, the U.S. Supreme Court gutted the heart of the VRA by making Section 5 unenforceable until Congress passes new legislation to determine which jurisdictions must pre-clear new elections laws with the U.S. Dept. of Justice before they are put into effect, due to a history of racial discrimination in elections in those jurisdictions. Section 2, however, bars discrimination in all 50 states, even though, unlike Section 5, it cannot be applied until after the new law in question goes into effect.

Judge Lynn Adelman's ruling [PDF] today, finding WI's version of the law discriminatory and in violation of both Section 2 and the 14th Amendment of the federal Constitution, is likely to have an impact on federal challenges to similar laws in states such as Texas and North Carolina, where federal cases are pending to block similarly discriminatory polling place restrictions.

Moreover, the judge placed the racial and class discrimination and disenfranchisement that would be caused by this law in stark terms, in regard to how many otherwise legal voters in Wisconsin might lose their right to vote, and how such a law might have directly affected the results of the state's 2010 election, had it been place at the time...

[This article now cross-published by Salon...]

A Circuit Court judge has resoundingly rejected Arkansas' new Photo ID restrictions on voting, declaring the law to be "null and void" and in violation of the state's Constitutional right to vote.

Last year, after Republicans took over the Arkansas statehouse for the first time since Reconstruction, they passed an onerous Photo ID restriction law for voting. The Democratic Governor Mike Beebe vetoed the new restrictions, but that veto was subsequently overridden by the Republican legislature.

Pulaski County Circuit Court Judge Timothy Davis Fox' 2-page Summary Judgement [PDF] finds in favor of plaintiffs in the case, the Pulaski County Election Commission and against both the defendant, the Arkansas State Board of Election Commissioners, as well as the Republican Party of Arkansas which intervened on behalf of the Board of Election.

In his Thursday ruling, Fox found the law to be "unconstitutional in that it violates Articles 3, Section 1 and Article 3, Section 2 of the Arkansas Constitution."

Section 1 of Article 3 details the "Qualifications of Electors" in the Arkansas state Constitution, declaring that, "Except as otherwise provided by this Constitution, any person may vote in an election in this state who is: (1) A citizen of the United States; (2) A resident of the State of Arkansas; (3) At least eighteen (18) years of age; and (4) Lawfully registered to vote in the election."

Section 2, on the "Right of Suffrage" states that "Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage; nor shall any law be enacted whereby such right shall be impaired or forfeited, except for the commission of a felony, upon lawful conviction thereof."

Given the very clear and straightforward language of the state Constitution, this seems to have been a very easy case. Republicans, however, are reportedly preparing to appeal the ruling...

I was proud to have the 2014 Green Party candidate for CA Sec. of State David Curtis (in photo on the left, not smiling), as my first guest this week on the KPFK/Pacifica Radio BradCast. While he and I disagree on a few important things (like Internet Voting, which he still hopes for, despite our Twitter conversation last month), there's one thing we certainly agree on: It was outrageous that he was excluded from today's SoS candidates debate held by the Sacramento Press Club. That, despite the fact that he recently polled higher than two of the candidates who were invited to participate.

[CORRECTION: On air I said that the CA statewide primary was June 2 this year. In fact, it's on Tuesday, June 3. The deadline for voter registration by mail for the primary is May 19th. You can register online here. Apologies for the error!]

As my second guest this week, I was also proud to welcome back investigative journalist Jason Leopold on the heels of his Guardian interview with Dr. James Elmer Mitchell (in photo on the right, smiling), one of the central architects of the Bush/Cheney-era CIA torture program. The interview was Mitchell's first since turning the skills he acquired as the chief psychologist at a U.S. Air Force survival school --- where U.S. troops were trained in how to avoid false confessions and propaganda under enemy torture --- into a program to use torture techniques to extract...the truth(?)...from Al Qaeda prisoners after 9/11. While we aired a few never-before-aired clips from Leopold's interview with Mitchell, there are more now available right here.

Finally, as always, Desi Doyen joined us, this week for our 500th episode of the Green News Report. Buckle up!

Download MP3 or listen online below...

I discussed some of these points on Wednesday's BradCast, but wanted to quickly highlight each of them a bit here, since these important data points are easy to lose track of in the blizzard of news noise of late.

There remain some (many?) Democrats who are still running scared as they head into the 2014 mid-terms, cowering with fear about Rightwing attacks on "Obamacare". Evidence continues to demonstrate that those Dems should be running on what is clearly the tremendous success of the law, as written and intended (even as the Affordable Care Act itself has always been a flawed law.)

If there's any question about the success of the law on its most basic terms, as far as what it was meant to accomplish (help more Americans have access to health care), here is a very quick round-up of the law's most noteworthy milestones from just the past week, along with some rather remarkable polling numbers --- from three different surveys --- that buttress the nation's increasing approval for both the effects of the law and the Democrats who brung it to 'em...

Given that every Sunday network news show decided to completely ignore it, I thought it my duty to read the entirety of the leaked findings from the U.S. Senate Intelligence Committee's report on CIA Torture and Detention on the air during this week's BradCast on KPFK/Pacifica Radio.

You're welcome, war criminals!

Also on this week's show, the continually growing evidence of the success of "Obamacare" (and a caller who self-identifies as "full on Left. I'm not even liberal, I'm further Left than that", who takes me to task for citing the facts) --- and why it's time for Dems to grow a pair and start running to not just retain the Senate but also take the U.S. House.

A word or two on home-grown Rightwing extremist terrorism and the fecklessness of the Dept. of Homeland Security which, thanks to bullying from Republicanists and Fox "News", cowered from and retracted their report on same back in 2009 despite the mounting death toll ever since.

Also, a bunch of good callers and more that you'll just have to tune in to hear about, including a visit by Desi Doyen with the latest Green News Report and some other stuff. Enjoy!

Download MP3 or listen online below...

Republicanist attorney John Hinderaker of the silly, hyper-partisan, rightwing PowerLine blog has always been more than happy to offer "legal" arguments to support whatever Rightwing nonsense his tribe would like to hear. When he's unable to come up with an actual legal argument, he's also happy to just type words to let the tribe know he's still on their side...even when the law isn't.

Commenting Monday night on the weekend's Bundy Ranch idiocy --- in which a scofflaw Nevada rancher who says he doesn't "recognize [the] United States government as even existing", has refused for the last twenty years to pay grazing fees for the use of public lands, as all other ranchers do --- Hinderaker admits that, "legally, Bundy doesn't have a leg to stand on."

Nonetheless, the Republican lawyer/blogger twists and turns to argue, "you should be sympathetic toward" ranch owner Cliven Bundy anyway. The reason for that sympathy takes some explaining, and some pretty impressive gymnastics to result in Hinderaker's final, rather laughable, argument for it.

Hinderaker must be desperate to get himself onto the non-RINO right flank of the Rightwing "FakeTriots" who rode in to southern NV last week with big manly guns a-blazin', but who, notably, did not ride in to the rescue when actual Big Government tyranny was actually cracking down on the public's right to occupy public spaces --- when the government actually used extraordinary violence to crush peaceful First Amendment-protected protests all around the country.

Neither does he, nor they, seem to give a damn when Big Government intrudes on the Constitutionally protected rights of women to privately take care of their own bodies; nor for the rights of millions of legal voters to freely cast their votes; nor for the rights of homeowners who've gone bankrupt and/or lost their homes thanks to Big Government-abetted crimes of gigantic, lawless, Wall Street corporations.

But what's most amusing about Hinderaker's article, in which he desperately (and transparently) attempts to get on the right side of folks he knows are wrong, but who are on his own political team, is that by the end of his article, he's finally figured out how to blame Big Bad Barack Obama and Harry Reid and, I guess, Liberalism or something for all the woes that Bundy is facing brought on himself. That, instead of calling out the rancher for his lack of personal responsibility in disobeying long-settled law, all while enjoying the Big Government welfare of "free" cattle grazing lands.

To do this, Hinderaker offers a pretend argument that the federal government isn't necessarily against development on public lands --- only certain types of development...

Late last week, the twenty conclusions of the U.S. Senate's report on the Bush-era's secret CIA torture and detention program was leaked and published by McClatchy.

As we noted on Friday, when we also published the report's disturbing conclusions [PDF], the 6,600-page study, based on first-hand CIA documentation, reveals massive illegalities and war crimes by everyone from CIA contractors to agents to higher level officials at that agency and others.

The report is said to detail wide-spread crimes that are not only in violation of U.S. law, but also international laws which our nation has an obligation to enforce, thanks to treaties we have long been a party to. And, if we don't enforce those laws and hold the criminals accountable for lawlessness such as torture, all the rest of the nations signed on to such treaties along with us, such as the UN Convention against Torture, have a legal obligation to do so.

The prohibition against torture under that treaty is absolute for all nations. "No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture," according to Article 2 of the treaty.

All of that comes on the heels of revelations that the CIA itself had used the computers of the U.S. Senate Intelligence Committee in an attempt to sabotage the committee's report.

Yet, with a report that important and a story that big, not a single U.S. network "news" show on Sunday found the time to even mention the report. Not NBC's Meet the Press with David Gregory, not ABC's This Week with George Stephanopoulos, not CBS' Face the Nation with Bob Schieffer, not Fox "News" Sunday with Chris Wallace.

On Friday, we mentioned that the U.S. Senators who recently voted to release 500 redacted pages of the report (we're still waiting on the White House to take action to redact and release it), argue that release is necessary to avoid this country ever going down this same path again.

We opined in response that "only actual prosecution will deter that eventuality", that "As long as those who committed such vile and abhorrent crimes are not actually held accountable, all of this will almost certainly be repeated in the future," (by both us and other nations) and that "if we fail to prosecute, we will also have little ground to hold other rogue countries accountable for the same crimes in the future."

The fact that the twenty, very easy-to-read bullet point conclusions from the U.S. Senate report, which has been years in the making --- as based on first-hand documentation of the crimes --- were released last week, and not even mentioned once on any of the four major Sunday network news shows underscores our point. The release of data is all well and good. But it's only when the perpetrators start being frog-marched to jail that the mainstream corporate media --- and, thus, the American public --- will begin to give a damn about one of the darkest moments in this nation's history.

As of now, at least if Sunday is any indication, evidence suggests that the MSM doesn't give a damn. Therefore, neither will the American people. Thus, we are destined to repeat this abhorrent chapter and, once again, like so many shameful chapters in our recent past, the corporate mainstream media themselves will have played a lead role in helping to make sure that happens.

The leaked release [PDF] of the conclusions from the long-researched and much-debated U.S. Senate Intelligence Committee's still-unreleased 6,600-page report on the CIA's Bush-era secret detention and enhanced interrogation torture program reveals illegalities by the agency that include lying to Congress (and potentially the White House), the leaking of classified material and the misleading of federal investigators at both the CIA Inspector General's office as well as the Dept. of Justice.

The conclusions allege that the conditions for imprisonment and the torture that often accompanied it were "brutal and far worse than the agency communicated to policymakers." But that's not all.

The report finds the CIA was incompetent in their handling of the program, endangered national security in the process, and appears to have committed international war crimes. There is also the small fact that the interrogation techniques used by the CIA failed to reveal any actual intelligence and, as the report concludes, "damaged the United States' global reputation, and came with heavy costs, both monetary and non­-monetary."

Other than that, the program worked great!

It's little wonder then that the CIA has gone to such lengths --- including spying on and attempting to sabotage the work being done by the Senate committee itself since 2008 --- to try and cover it all up. It's also little wonder that one of the program's most ardent supporters, Dick Cheney, has been working so hard to lie about it all for so many years. If you were likely a war criminal, wouldn't you do the same thing?

What may be considered more of an outstanding question is why the Obama Administration decided that it was okay to not prosecute the perpetrators of the blatant and broad swath of U.S. and international crimes detailed in the report as having been allegedly carried out by the CIA, its agents, its contractors, and any number of other high-ranking federal officials who knew about some or all of it.

The Senate Intel Committee has voted to release about 500 pages of the report, though those pages must be first redacted and then released by the White House (which may have its own complicity in a number of the crimes detailed.) The Senators have argued that the release is necessary to avoid this country ever going down this path again. But, in truth, only actual prosecution will deter that eventuality. As long as those who committed such vile and abhorrent crimes are not actually held accountable, all of this will almost certainly be repeated in the future.

Furthermore, if we fail to prosecute, we will also have little ground to hold other rogue countries accountable for the same crimes in the future.

The report should be released in full, even if it must be leaked to the media, and the perpetrators of the crimes detailed within should be prosecuted to the fullest extent of the law. If the U.S. won't do that, other countries are obligated to try and do so themselves under treaties that both they and we are a party to.

The twenty bullet point findings from the U.S. Senate Intelligence Committee's report, as leaked to McClatchy, which released them on Friday, follow in full below...

Thanks, Obama. Looks like he's killing yet another "business" with his so-called "health care reform".

We all (well, those who don't watch Fox "News" exclusively, anyway) remember the shamefully long lines of Americans showing up at free health clinics, whenever and wherever they were set up around the country, trying to get much-needed health care in the days before the Affordable Care Act (ACA, or "Obamacare") became the law of the land.

Now that the ACA is underway and millions of Americans who could not get health care before are able to receive it, the days of the free clinic in the USA may be coming to an end.

That's what's happening to the 9th Street Mission Clinic in Mena, Arkansas, in any case, where the Director of that charitable outlet has announced that, thanks to "Obamacare", the number of clients at the once bustling clinic have dwindled to almost nothing.

"Because people are qualifying for insurance coverage through the Affordable Care Act, also known as Obamacare, our free medical clinic will not be needed anymore," the clinic's Director, Stacey Bowser RN, told The Mena Star. "We've gone from seeing around 300 people a month on a regular basis, but as people were enrolling in Obamacare, the numbers we were seeing have dropped. We were down to 80 people that came through the medical clinic in February, all the way down to three people at the medical clinic in March. Our services won't be needed anymore, and this will conclude our mission."

The paper reports that "the free medical clinic at 9th Street Ministries was started to reach out to those who could not qualify for Medicaid or Medicare, and did not have any other health insurance policy."

"There was such a need for many years that we would have people coming through the medical clinic from the time the doors opened early in the morning all the way until 4:00 in the afternoon," Bowser said about the clinic where a crew of 25 to 30 volunteers was said to always been on hand to meet the needs of those without health care in rural Polk County.

"This complete dropoff of numbers of people coming to the clinic is a result of all those who have successfully enrolled in an insurance policy now," she said.

After being open since 1998, the clinic's final day of operation will be April 24th. "Obamacare" is clearly destroying America as we know it.

[Hat-tip Daily Kos via TPM.]

This week's KPFK/Pacifica Radio BradCast is chocked full of important news and insightful analysis that actually matters and that you simply won't hear anywhere else.

Among the items covered on the show this week:

• Today's mass stabbing at a PA high school; How it stacks up against recent mass shootings; and what Archie Bunker might have to say about it;
• Emmy award-winning journalist, media activist and BRAD BLOG contributor Sue Wilson of the Media Action Center joins us to discuss the FCC's surprising recent vote to de-consolidate corporate TV outlets; The millions minted for mainstream media by the Supreme Court's McCutcheon decision; Her FCC complaint, due to be heard soon, with potential broad consequences, over whether rightwing talk radio campaigning in Wisconsin leading up to the Scott Walker recall was "bonafide news", or whether it violated federal law and/or the Zapple Doctrine.
• The new Heart Bleed bug and how that massive, newly discovered Internet security vulnerability further underscores the insanity of Internet Voting (and the various elected officials and candidates calling for it.)
• Good news rulings in the DoJ's federal challenges to polling place Photo ID restriction laws passed by Republicans in TX and in NC, as reported recently by The BRAD BLOG's legal analyst Ernie Canning.
• Bill O'Reilly's personal hypocrisy knows no bounds (wait until you hear what he said about Tesla in 2011 and then in 2014), as Desi Doyen joins us for that and the latest Green News Report.

And all of that in less than an hour! That oughta hold ya until next week!

Download MP3 or listen online below...

P.S. While you're listening, please consider donating to The BRAD BLOG so we can continue to afford to keep bringing you this kind of news, programming, journalism and analysis. We really need your support these days to keep going. Thanks in advance!

There are a number of reasons why it's difficult to stomach the claim that New Jersey's Republican Gov. Chris Christie is concerned about "public health". His newest proposal for a pricey new excise tax on e-cigs is just one of them.

In 2010, Christie slashed $7.5 million --- virtually all of the state's investment --- in smoking prevention and cessation support from the state's "Comprehensive Tobacco Control Program". As a result, the American Lung Association (ALA) now ranks NJ as 50th in the nation on this issue, recently noting, they are "the only state in the country to provide no state funding" for such programs.

Christie's gutting of the state's once-robust program has resulted in an "F" grade from the ALA on both "Tobacco Prevention" and "Cessation Coverage", leading them to write: "This lack of funding to help tobacco users quit is a stark contradiction with New Jersey's high tax rate of $2.70 per pack generating over $700 million each year in revenues."

Thus, it's all the more absurd to hear the "fiscally conservative" Christie administration now calling for a massive new "sin tax" on e-cigarettes, which are known to be a far safer alternative to smoking, since "vaping" includes none of the deadly toxins, such as tar and carbon monoxide, found in combustible tobacco.

But "conservative" hypocrisy aside, what makes Christie's new tax and spend plan even more absurd is that his state Treasurer is now claiming their "main concern is public health."

Really? The NJ Star-Ledger editorial board --- which endorsed Christie's re-election last year (though they came to regret it after Christie's "BridgeGate" scandal emerged) --- ain't buying it...

Bravo, Honey Maid. Nabisco shows how to stand your ground with actual courage...