Apparently, swinging and missing on three separate occasions is not enough to get either Ohio's Republican Governor John Kasich or its Republican Secretary of State John Husted to walk away from the plate.

After U.S. District Court Judge Peter Economus issued an August 2012 preliminary injunction that forced the Buckeye State to restore early voting for the three days preceding the November 2012 Presidential Election, Husted found it necessary to apologize to the court for what appeared to be a contemptuous directive to the state's 88 county Boards of Election that they not establish hours for voting on those days, pending the state's appeal of the preliminary injunction. Strike one!

In early October 2012, a unanimous three judge panel of the U.S. 6th Circuit Court of Appeal ruled against Husted, expressly sustaining every aspect of Judge Economus' August 2012 decision. Strike two!

That same month, the U.S. Supreme Court summarily rejected Husted's request for an emergency stay. Strike three!

Undaunted, in Feb. 2014 Gov. Kasich signed into law a new elections bill that failed to correct the previous disparate deadlines for in-person voting, allowing military voters to vote on the last days before the election, but nobody else. Husted then issued a directive that provided for early voting between 8:00 a.m. and 4 p.m. on Saturday, Nov. 1, 2014, but failed to provide for any voting hours on either Sunday, Nov. 2 or Monday, Nov. 3 --- despite the still-existing law allowing military members to cast their vote those days.

As it happens, African-American churches have traditionally used early voting on the Sunday before elections as "Souls to the Polls" day to help get out the vote. In turn, Republicans in Ohio have been working hard to end early voting on the Sunday before election day.

In his original 2012 ruling, Judge Economus held that all Ohio voters had a "constitutionally protected right to participate in the 2012 election --- and all elections --- on an equal basis." That is why he declared the effort to limit early voting to only active duty military members on the weekend before the election to be an unconstitutional violation of the Equal Protection Clause of the U.S. Constitution.

This year's latest gambit led to the issuance last week of a Permanent Injunction [PDF] on the Republican scheme, pursuant to which Judge Economus has ordered the recalcitrant Ohio Secretary of State [emphasis added] "to set uniform and suitable in-person early voting hours for all eligible voters for the three days preceding all future elections." Strike four?

Amusingly, rather than attempting to violate the court order this time around, SoS Husted is pretending that all of this is simply what he wanted all along, declaring in a statement (via the "Election Law Blog"), issued after losing again in court last week: "I am pleased that the federal court has affirmed what I have long advocated --- that all voters, no matter where they live, should have the same opportunity to vote. Thankfully, uniformity and equality won the day."

Also, up is down, black is white, and John Husted is a great champion of voting rights.

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...

[Ed Note: Be sure to check out the great photos added at the bottom of this post! - BF]

To head into the weekend with some good news, a federal judge has now overturned Wisconsin's ban on marriage equality. So freedom comes to the Badger State, despite its Governor, Scott Walker's continuing effort against such freedom, and against Constitutionally conservative values. It's hardly the first time Walker has been on the wrong side of the Constitution, the wrong side of conservatism, and the wrong side of history.

"Quite simply, this case is about liberty and equality, the two cornerstones of the rights protected by the United States Constitution," U.S. District Judge Barbara Crabb wrote in her 88-page ruling [PDF] striking down a state constitutional amendment passed in 2006, finding it in violation of the U.S. Constitution.

There's a bit of a legal skirmish ongoing tonight in the state, as Crabb did not stay her ruling pending the inevitable appeal, though suggested she might do so later after hearing responses from both sides of the lawsuit which was filed by the ACLU on behalf of eight gay couples.

State Attorney General J.B. Van Hollen has vowed to appeal, just as he did recently after losing the federal challenge to state Republicans' polling place Photo ID voting restriction. That statute, enacted by self-described "conservatives", was found by U.S. District Judge Lynn Adelman to have placed draconian and discriminatory restrictions on yet another American freedom (the right to vote) in violation of both the Wisconsin state and federal Constitutions.

"Current law remains in force," Van Hollen says tonight about the ban on marriage equality, though few seem to be listening or agreeing. According to the Journal Sentinel, County Clerks in Dane and Milwaukee Counties have announced they will begin issuing marriage licenses to same sex couples immediately...

A very lively BradCast this week on KPFK/Pacifica Radio.

First up, a bit of a rant on a few different things, including the good news/bad news results of California's primary election for Secretary of State and the disenfranchised voters this week in Alabama's primary (and beyond!)

Next, Desi Doyen joined us for an extended Green News Report to discuss the Obama EPA's landmark announcement of newly proposed nationwide CO2 emissions reduction and the fossil fueled freakout that followed.

Finally, listener phone calls on all of the above and more! Please enjoy it!...

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

P.S. The BradCast, as well as the Green News Report, as well as The BRAD BLOG for that matter, are sponsored only by you. Please consider donating to our efforts to inform the world about stuff that actually matters...so that we can keep doing so for a bit longer. We really need your support, guys, if you can help out.

Yesterday we covered the story of 93-year old Willie Mims, the African-American man who was turned away from the polling place in Alabama for lack of a Photo ID, after having voted successfully in nearly every election since WWII.

Mims had a drivers license, but it had expired. So, according to the polling place Photo ID restriction law enacted by state Republicans, even though Mims would have had his photo on it and even an address that matched his voter registration, he was not allowed to cast his vote during yesterday's primary election.

But Mims was hardly the only one who was kept from voting yesterday, under the first official statewide run of the AL GOP's polling place Photo ID law. (The law was passed in 2011, but didn't take effect until now, since the state was waiting for the U.S. Supreme Court to knock down the section of the Voting Rights Act that would likely have blocked the racially discriminatory statute from taking effect.)

Kay Campbell of AL.com shared this story yesterday of another long time voter who lost her right to vote thanks to the same law...

As we also noted yesterday, via MSNBC's Zachary Roth, Alabama has a loophole built into the law, which the NAACP Legal Defense fund describes [PDF] as "an illegal relic of the Jim Crow South". It allows a voter without the very specific state-issued Photo ID now required to cast a ballot, to vote anyway so long as two poll workers at the precinct can vouch for them.

Campbell reports that Libba Nicholson, the neighbor who drove the elderly woman to the polling place, "said that the woman in charge of the Help Desk asked the other poll workers if any of them recognized her - just one more verification would have done it, Nicholson said, but no one did."

And then there was this...

It was Primary Day in Alabama on Tuesday and the first time since passage of the law that the state's Republican-enacted polling place Photo ID restriction on voting has been in place. Sure enough, the voter suppression law was successful, as voters were immediately disenfranchised by the new restriction, according to Zach Roth at MSNBC...

Mims, as he explains in the video below, first voted back during WWII. He says he's voted in almost every election since then. Until now...

After a couple of weeks off for the latest KPFK/Pacifica Radio fund drive, The BradCast was back at full throttle this week!

First up: Fred Karger joined us from the airport in Maine, fresh off his latest victory against the anti-freedom group calling itself the National Organization for Marriage (NOM). Karger, a Republican and long time political consultant for campaigns such as those for Gerald Ford, Ronald Reagan and George H.W. Bush, was also the first openly gay candidate for President of the United States when he ran for the GOP nomination in 2012. On Tuesday, the state of Maine levied a record fine of more than $50,000 against NOM after finding, based on a complaint filed by Karger, that the group committed egregious campaign violations in their $2 million effort to ban marriage equality in the state 2009.

We discussed that, his similar victory out in California against NOM and the Mormon Church, the remarkable recent string of court victories in the marriage equality movement, and why the hell Karger is still a Republican.

Next up: My round-up of the woeful state of the CA Sec. of State's race, which holds its primary next Tuesday. From the Democratic candidate (Padilla) who willfully misled the public about his radical e-vote reform bill; to the other Democratic candidate (Cressman) who is great on campaign finance reform, but not as great on voting systems; to the Republican candidate (Peterson) who just can't seem to denounce disenfranchising polling place Photo ID laws, even though he claims to be against them; to the Green Party candidate (Curtis) who would love to see Internet Voting, but is now threatening to sue me and The BRAD BLOG for pointing that out to the public (and defaming us to boot!)

Good luck, California!

Finally: As usual, Desi Doyen joins us for the latest Green News Report as the state of California learns the very very sad news that the fracking reserves in the Monterey Shale oil fields have only been over-estimated by some 2300%!

Enjoy!

Download MP3 or listen online below...

Early last week, with little attention in the media, the U.S. 10th Circuit Court of Appeal applied the brakes, for now, to one of the newest voter suppression schemes on the bleeding front edge of the GOP's ongoing War on Voting.

The insidious new Republican scheme, if it manages to overcome continuing challenges in court, such as the stay and appeal it now faces in the 10th Circuit, could result in thousands of otherwise eligible voters in Kansas and Arizona (and elsewhere, if the effort is allowed to move forward in KS and AZ) unable to even register to vote, much less cast a ballot on Election Day.

An investigative report by the Arizona Republic last year found the evidence for the purported basis of the new law --- claims by Republicans that non-citizens are casting ballots in the state --- to be "nearly non-existent".

Judith Brown Dianis, a civil rights litigator at The Advancement Project, described the nearly decade-long, coordinated, nationwide GOP voter suppression effort as "the largest legislative effort to roll back voting rights since the post-Reconstruction era". While appearing before a U.S. Senate Subcommittee in 2011, she described the effort as one designed to make "it harder to register to vote, harder to cast a ballot and harder to have a vote counted."

One of the primary GOP efforts to make it "harder to cast a ballot" can be found in the spate of polling place Photo ID laws that Republicans have sought to justify on the basis of what amounts to a phantom menace. Cases of in-person voter impersonation --- the only type of voter fraud that can be prevented by Photo ID --- are about as scarce as hen's teeth.

The same can be said about baseless GOP claims of an epidemic of voter fraud in the form of votes cast by non-citizens --- an allegation that is now being used as part of the new Republican ploy to prevent perfectly lawful citizens from even registering to vote...

This morning, in reporting on 92-year old Texan Ruby Barber's inability to receive a Photo ID to vote under the state Republicans' new law restricting legal voters who don't have a very specific type of ID, we noted that there are hundreds of thousands of otherwise legally registered voters in TX (and millions across the nation), who are likely to find themselves unable to vote at all, unless these purposely discriminatory voting laws are struck down once and for all by the courts.

While the elderly, the poor, students and minorities (all of whom just happen to lean Democratic) are far and away more likely to lose their right to vote under these Republican-enacted restrictions, they are not the only ones at risk of losing their franchise, as evidenced Tuesday during Arkansas' primary election...

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

Here is just one more of the hundreds of thousands of reasons that have led the U.S. Dept. of Justice to file suit against Texas Republicans' polling place Photo ID restriction law.

The same law had been previously blocked by the DoJ and again by a federal court under the federal Voting Rights Act, after the state's own data showed the law discriminated against racial minorities and others, while failing to deter actual voter fraud in the state.

But, literally minutes after SCOTUS gutted the heart of the Voting Rights Act last Summer, the section which was used to strike down the law previously, Texas Republicans announced their intention to re-enact the law which, of course, they knew to be discriminatory.

As the Waco Tribune reports, 92-year old Ruby Barber has tried, but has so far failed, to obtain one of those so-called "free" Photo IDs from the Texas Dept. of Public Safety (DPS), now that one is required for her to cast her legal vote this year, as she had for decades, until now, without a problem.

Barber's story is heartbreaking and maddening but, unfortunately, probably not entirely rare. The DoJ estimated, based on the state's supplied data when the federal agency blocked the law in 2012, "the total number of registered voters [in Texas] who lack a driver's license or personal identification card issued by DPS could range from 603,892 to 795,955."

Barber's driver's license expired in 2010 and she's now having difficulty locating "her nearly century-old birth certificate that she'd need to obtain a voter ID under a new state law." As the New York Daily News reports, the details of Barber's story and her fight to try and cast her vote are simply absurd...

Just hours after a similar decision in Oregon yesterday, Pennsylvania now becomes the 19th state where the Constitutionally conservative value of equal protection for all under the law becomes the law of the land again.

The Keystone State's ban on marriage equality has just been found by a federal judge to be in violation of the U.S. Constitution there. Wildly unpopular Republican Gov. Tom Corbett --- who lost today on this issue, as well as in his recent failed defense of Republican polling place Photo ID restrictions --- is believed likely to appeal the decision. (He recently chose not to appeal the indefensible polling place restrictions which, as the state was forced to admit before the trial even began, had nothing to do with stopping "voter fraud".)

Corbett, a self-proclaimed "conservative", hired a private $400/hour firm to defend the law after Democratic state Attorney General Kathleen Kane refused to do so. The wildly unpopular Corbett faces a very tough re-election this November.

District Court Judge John E. Jones, a George W. Bush appointee, described the state's ban on marriage quality as "an injustice" and wrote in his rather moving decision today, featuring section headers that mirror the classic wedding vows, that "all couples deserve equal dignity in the realm of civil marriage."

"In future generations the label same-sex marriage will be abandoned, to be replaced simply by marriage," he concluded. "We are a better people than what these laws represent, and it is time to discard them into the ash heap of history."

UPDATE 5/21/2014: As he did after the court's recent rejection of PA's polling place Photo ID restriction law, Corbett has now announced he will not appeal the trouncing his side of the argument received in court yesterday. Let the weddings, and equality, begin...

Constitutionally conservative victories for equal protection under the law are piling up across the country faster than we can note them here!

Moments ago, the latest victory was announced in Oregon, where a federal judge just found [PDF] the state's ban on marriage equality to be in violation of the 14th Amendment...

Well, that was easy. Marriages are expected to begin in the state "almost immediately".

The final paragraph of District Court Judge Michael J. McShane's opinion was particularly thoughtful...

Lots of folks saw the photos of the two very happy young women pictured below --- among the first of more than 450+ same-sex couples to get married in Arkansas --- celebrating the end of the state's ban on marriage equality last week (at least until the court order lifting the ban was, once again, put on hold by the state's Supreme Court today)...

I, on the other hand, saw what the blonde woman behind them in black was holding...

Hopefully, conservative Republicans are celebrating in Idaho tonight, as constitutional equal protection under the law is set to begin on Friday there, according to a federal court today...

UPDATE 5/15/2014 12:33pm PT: The 9th Circuit Court of Appeals puts freedom on hold for the moment in Idaho...

BREAKING: Federal appellate court puts Idaho gay marriages on hold pending appeal.

— The Associated Press (@AP) May 15, 2014

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

The Arkansas Supreme Court has tossed a ruling by a lower court judge who had found the state's Photo ID voting requirement to be in violation of the state Constitution. The high court did not, however, rule on the constitutionality of the law, finding only that Circuit Court Judge Tim Fox "erred" by going too far in his ruling, as the issue of the law's Constitutionality "was not properly before the circuit court."

Late last month we described Fox' decision [PDF], declaring the state's Republican-enacted Act 595 "null and void" and "unconstitutional in that it violates Articles 3, Section 1 and Article 3, Section 2 of the Arkansas Constitution."

Those sections of the state Constitution describe both the "Qualifications of Electors" as well as the "Right of Suffrage," stating 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"...

Over the weekend, fading Republican superstar, weapons-grade professional troll and GOP voter fraud queen Ann Coulter decided to join other Rightwingers in mocking the #BringBackOurGirls hashtag --- currently being used on Twitter to help raise awareness to the plight of hundreds of young school girls recently kidnapped by the Boko Haram terrorist group in Nigeria --- for her own obnoxious, partisan purposes.

Because, ya know, making fun of concern about kidnapped children who may be sold into slavery is always high-larious and a great way to exploit a partisan advantage before the U.S. mid-term elections!

Coulter's scheme, however, may have "backfired", as Caitlin Macneal explains at TPM, once Twitter got a hold of Coulter's tweeted photo and decided to use it against her.

Here was her original photo Tweet:

My hashtag contribution to world affairs ... pic.twitter.com/Wkb8ozYZFC

— Ann Coulter (@AnnCoulter) May 12, 2014

Well, we thought we'd join the "fun" as well. So this morning we Tweeted our own modified version of Coulter's photo, and that new photo immediately began receiving dozens of Re-Tweets. So, perhaps it's also worth noting here for history...especially since it happens to be true...