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George W. Bush-appointed judge concludes 'We are a better people than what these laws represent'
UPDATE: Governor decides to NOT appeal ruling court's ruling...
By Brad Friedman on 5/20/2014 12:35pm PT  

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...

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Law found in violation of U.S. Constitution; Judge declares 'let us look to each other...and rise'...
By Brad Friedman on 5/19/2014 12:51pm PT  

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...

Because Oregon's marriage laws discriminate on the basis of sexual orientation without a rational relationship to any legitimate government interest, the laws violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

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...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 5/16/2014 7:54pm PT  

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...

--- Click here for REST OF STORY!... ---

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Ruling allows weddings to begin Friday
UPDATE: 9th Circuit Court now puts weddings on hold pending appeal...
By Brad Friedman on 5/14/2014 7:00pm PT  

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...

BOISE, Idaho (AP) --- A federal magistrate judge has refused to put gay marriages on hold in Idaho pending an appeal from the state's governor.

U.S. District Magistrate Judge Candy Dale wrote Wednesday morning that Gov. C.L. "Butch" Otter's appeal isn't likely to succeed, and so there's no reason to keep same-sex couples from seeking marriage licenses or marrying on Friday.

On Tuesday, Dale struck down Idaho's same-sex marriage ban in response to a lawsuit from four Idaho couples.

Dale said Idaho's law unconstitutionally denies gay and lesbian couples their fundamental right to marry and wrongly stigmatizes their families. She said the state must start issuing marriage licenses to same-sex couples Friday morning.

* * *

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

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By Brad Friedman on 5/14/2014 2:29pm PT  

[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"...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 5/12/2014 4:08pm PT  

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:

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...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 5/12/2014 6:00am PT  

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

Just over a week ago, The BRAD BLOG's legal analyst Ernie Canning posited that the decision by a federal court in Wisconsin to strike down that state's polling place Photo ID law could signal "the beginning of the end" for such disenfranchising, Republican-enacted laws around the nation.

Since that landmark ruling in the Badger State, new signs from top elected Republican officials in Pennsylvania and Iowa, and even in Wisconsin, suggest that the (at least) decade-long GOP "voter fraud" fraud may have finally peaked, and will now begin the inevitably long slide into abandoned, historical shame.

We don't want to be too quick to declare the demise of this insidious attempt at reviving Jim Crow with a sophisticated and nefariously misleading legal patina, but after covering this beat for a decade --- long before much of the general public, much less the Democratic Party itself, seemed to notice --- it seems that the recent landmark court ruling in WI, followed by last week's towel toss in Pennsylvania and embarrassing revelations in Iowa, may be seen in the not-too-distant future as the moment that the GOP "voter fraud" fraud finally began to permanently unravel...

--- Click here for REST OF STORY!... ---

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That's the best you've got, 'Senator Freedom & Liberty'?...
By Brad Friedman on 5/10/2014 1:29pm PT  

Sen. Rand Paul (R-KY) is running for President. There's little question of that. But he's got a lot to get ahead of if he hopes to have a prayer of doing so successfully.

Namely, as even the Rightwing HotAir site observes, he's got some race issues to deal with, such as "his old comments on the Civil Rights Act, his father's newsletters, having the 'Southern Avenger' on staff, even agreeing with Cliven Bundy about federal land-use practices before quickly denouncing him after his comments about blacks went viral."

So Paul has been spending the last year or so on an occasional outreach tour to African-American communities, trying to smooth things over. His latest stop was in Memphis on Friday, where he met with black pastors and, afterward, very softly --- though in terms that will reverberate in a 2016 GOP Presidential primary nonetheless --- broke with his party's orthodoxy on discriminatory polling place Photo ID restriction laws. Sort of...

--- Click here for REST OF STORY!... ---

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NEXT DAY UPDATE: Marriages have begun in AR...
By Brad Friedman on 5/9/2014 3:34pm PT  

A state judge has found Arkansas' state Constitutional ban on same-sex marriage to be a violation of the U.S. Constitution. Here's a statement on the case, just in from the Freedom to Marry advocacy group...

FOR IMMEDIATE RELEASE
May 9, 2014

Arkansas Judge Strikes Down Marriage Ban

New York - Today Judge Chris Piazza of Arkansas upheld same-sex couples' freedom to marry, striking down the state's discriminatory constitutional amendment and becoming one of more than a dozen judges to rule in favor of the freedom to marry since last year's Supreme Court decision in U.S. v. Windsor.

Evan Wolfson, president of Freedom to Marry, released the following statement:

"Today a state circuit judge in Arkansas ruled in favor of the freedom to marry, the latest in a unanimous wave of favorable rulings from more than a dozen state and federal judges across the country in recent months. Judge Piazza held that there is no good reason for discriminating against couples and their loved ones just because they are gay. With nearly 70 marriage cases now making their way through the courts, and five federal appellate courts now hearing arguments and soon to rule, today's decision out of Arkansas underscores that all of America is ready for the freedom to marry."

A record-high 59% of Americans support marriage for same-sex couples. 50% of Southerners support marriage, with only 42% opposed.

###
Freedom to Marry is the campaign to win marriage nationwide. We are pursuing our Roadmap to Victory by working to win the freedom to marry in more states, grow the national majority for marriage, and end federal marriage discrimination. We partner with individuals and organizations across the country to end the exclusion of same-sex couples from marriage and the protections, responsibilities, and commitment that marriage brings.

Constitutionally conservative equal protection under the law continues to sweep across the nation, as we'd long ago predicted it would.

Indeed, the race is on, at this point, to figure out which state will be the last in the union to accept the inevitable. Surprisingly, as both we and The Daily Show discovered not long ago, it's unlikely to be whichever state you might have otherwise guessed.

So, which state will be last? Leave your guesses in comments for history. We should be able to determine the winner before very long --- likely even well before Obama leaves office, at this rate.

* * *

UPDATE 5/10/14: The first same-sex marriages in the state have begun. Congrats, Arkansas!...

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By Brad Friedman on 5/6/2014 6:05am PT  

On Monday night's All In with Chris Hayes on MSNBC, New Jersey State Senate Majority Leader Loretta Weinberg joined Hayes to discuss "smart gun" legislation she helped pass in her state. But it was the curious assertion by a supporter of the technology, claiming that electronic voting machines are now "fool-proof", which kinda just blew my mind.

Mark Glaze, spokesman for Everytown for Gun Safety, a group which, according to its website "brings together survivors of gun violence to share their stories and advocate for laws that will prevent future tragedies," said twice during the conversation, that e-voting systems are now "fool-proof."

While there were once concerns about e-voting systems, he said (see his full remarks below), those worries have now been assuaged thanks to "public and private partnerships at both the federal and state level that guaranteed that these machines were fool-proof".

Huh, what?! When did that "partnership" take place? And how did they "guarantee" such "fool-proof" results? Was that before or after, for example, the 2012 election in Palm Beach County, FL, when a paper-ballot optical-scan computer tabulation system (made by Sequoia Voting Systems) was discovered, through pretty much a stroke of luck, to have inaccurately declared the "winners" of three different elections, such that the contests were overturned and a hand-count by human beings found that the computers had declared the wrong "winners" in two of them? After that incident came to light, the Vice-President of Dominion Voting, the e-voting vendor which now owns Sequoia, admitted that the bug which caused the wrong "winners" to be named by the computer tabulator exists in all versions of it's Sequoia systems --- both paper-ballot op-scan systems as well as touch-screen systems --- in use across the country.

"And guess what?," Glaze continued telling Hayes on Monday night's show, "Today, there are very few questions about electronic voting machines." Really? Someone must have forgotten to tell that to the voters in St. Lucie County, FL, where hundreds of votes were mistabulated thanks to faulty memory cards in the county's computerized paper-ballot tabulation system (made by Diebold) in the contested U.S. House race between Rep. Allen West (R) and Patrick Murphy (D), also in 2012?

I could go on --- and on, and on --- with similar recent examples along those lines, but I'll spare you. For now. You're welcome. Hopefully you get the picture.

Glaze then went on to assert that, whatever the initial concerns may have been about electronic voting and tabulation systems, "we figured out how to get around it and today electronic voting makes things more fool-proof and easier and reduces the risk of fraud."

Yes. That's actually what he said. And on television, where everyone could hear it!

We've sought comment from Glaze, asking for details in support of his remarks --- and on his great, if unconfirmed news about electronic voting systems! --- and will update this item when and if we receive a response.

* * *

Here's the segment from the 5/5/2014 segment of All In. Mark Glaze's gob-smacking comments on e-voting begin just after the 4:20 mark, and I've transcribed them in full below...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 5/5/2014 12:21pm PT  

I was on Thom Hartmann's Big Picture TV show on Friday, to discuss the week's landmark decision by a federal court in Wisconsin which struck down the state's Republican-enacted polling place Photo ID restriction law as a violation of both the Constitution and the Voting Rights Act and the fact that the decision, as our own Ernie Canning explained, may finally signal the "beginning of the end" for such purposely discriminatory laws.

(And thanks to my friend Mike Papantonio of Ring of Fire, who was guest hosting for Thom on Friday, for the very kind words!)...

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By Brad Friedman on 5/3/2014 1:30pm PT  

Near the end of his joint press conference at the White House on Friday with German Chancellor Angela Merkel, a question was asked about whether "personal trust [has] been rebuilt" between the two otherwise allied countries, following last year's disclosure by NSA whistleblower Edward Snowden that the U.S. had been spying directly on Merkel's personal cell phone.

President Obama included this in his response [emphasis added]:

OBAMA: ...Germany is one of our closest allies and our closest friends, and that's true across the spectrum of issues --- security, intelligence, economic, diplomatic. And Angela Merkel is one of my closest friends on the world stage, and somebody whose partnership I deeply value. And so it has pained me to see the degree to which the Snowden disclosures have created strains in the relationship.

Got that? It was the "Snowden disclosures," apparently, not the actual U.S. policy of spying on her personal calls, that has "created strains in the relationship".

So he's not sorry we spied on her, he's simply "pained" that we got caught.

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UPDATED: Wisconsin Republicans will appeal to 7th Circuit...
By Ernest A. Canning on 5/2/2014 1:23pm PT  

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...

--- Click here for REST OF STORY!... ---

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GUESTS: Dr. Margaret Flowers of Popular Resistance; Christina Tobin of Free & Equal...
By Brad Friedman on 4/30/2014 10:51pm PT  

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...

Download MP3 or listen online below...

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By D.R. Tucker on 4/30/2014 9:35am PT  

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...

--- Click here for REST OF STORY!... ---

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