Guest Editorial by Ernest A. Canning

The ACLU attorneys representing the petitioners in League of Women Voters of Minnesota v. Ritchie [PDF] (Ritchie), which is scheduled to be heard by the MN Supreme Court on July 17, 2012, have set forth powerful arguments why the Court should remove a polling place photo ID initiative from the November 2012 ballot.

The MN Constitution mandates that a ballot question must truthfully inform voters of what it is they are voting on. The ACLU, following the same format it applied when it successfully prevented a similar photo ID initiative from being placed on the November 2012 ballot in MO, sets forth specific examples of how the ballot question, as enacted by MN's GOP-controlled state legislature, falls well short of that standard.

The ACLU argument may well succeed before the MN Supreme Court. However, as reflected by polls suggesting nearly 80% of Minnesotans support the adoption of photo ID restrictions, there is a very real prospect that the ACLU's legal objections will neither be heard nor understood in the utterly deceived court of public opinion...

Clearly, those "Turks" are just trying to steal her away from us!

Once again, the delightful Desi Doyen, co-host and managing editor of The BRAD BLOG's Green News Report was sitting in to guest host on The Young Turks yesterday along with longtime TYTer, Ana Kasparian.

They were both joined in the first hour, devoted to yesterday's stunning Supreme Court health care ruling, by Current TV's Jacki Schechner (an expert in health care legislation issues). The second hour, it was just Desi and Ana.

(By the way, Des will once again be sitting in today, Friday, co-hosting along with TYT top dog Cenk Uygur during the 4p-5p ET / 1p-2p PT hour. I'll try to remember to post the LIVE FEED here at The BRAD BLOG, but either way you can watch the full hour live at TheYoungTurks.com.)

A bunch of highlights from yesterday's two hours, on a bunch of topics covered --- from the health care ruling, to the RW push to close the last abortion clinic in Mississippi, to eating bugs to save the world, to new news on the Miami 'zombie' who tried to eat a guy's face --- all follow below. Enjoy!...

Guest blogged by Ernest A. Canning

In case you were watching the misreporting by CNN and Fox "News", it was a win for the Obama Administration and a crushing defeat to the Republican opponents of health care insurance reform in this nation. It's that simple.

With the exception of that portion of the Act which permitted the federal government to punish states by cutting off the entirety of their federal Medicaid funds if they declined to expand state Medicaid services from limited categories of individuals to all individuals with incomes below 133% of the poverty level, the U.S. Supreme Court, by its 5-4 decision in National Federation of Independent Business v Sebelius [PDF], upheld all provisions of the Affordable Care Act of 2010 [ACA] against the constitutional challenges that had originally been filed in U.S. District Court by FL, 12 other states and business organizations...

The AP report is not as encouraging as it initially appears...

But don't get too excited. You fans of Big Government --- the Biggest Government of All --- will likely be back in business and killing your fellow U.S. citizens again soon...

Guest blogged by Ernest A. Canning

Last week, after notifying the state of Florida of its intention to do so, the U.S. Department of Justice (DOJ) filed a lawsuit [PDF], seeking to halt what Asst. U.S. Attorney General Thomas E. Perez described in his June 11, 2012 letter [PDF] to FL Sec. of State Ken Detzner (R), as "a new program for systematic voter removal, which may ultimately target more than 180,000 registered voters."

A longtime respected election official in the state went further, describing the attempted scrubbing of the rolls to be "un-American".

The lawsuit alleges that the ongoing, systematic voter removal program violates the provisions of the National Vote Registration Act of 1993 (NVRA), which "expressly forbids such removal programs during the 90-day period before an election for Federal office."

The complaint seeks not only an immediate federal court injunction to stop the purge, but an order directing FL officials "to take all steps necessary to ensure that no registered voter identified as potentially ineligible based on the [faulty FL Department of Highway Safety & Motor Vehicles] database and voter verification procedures...is removed from the voter rolls within 90 days of a primary or general election for Federal office."

The injunction may prove to be necessary only in three of the Sunshine State's 67 counties --- Lee, Collier and Bay --- where election officials have signaled they intend to continue the allegedly unlawful voter roll purge, even after the actions taken by the DOJ.

When interviewed last week by Brad Friedman on the nationally-syndicated Mike Malloy Show, Leon County (Tallahassee), FL's legendary Supervisor of Elections Ion Sancho --- the man placed in charge of the aborted 2000 Florida Presidential recount --- explained the reasons why most of the Supervisors of Elections (both Democratic and Republican) in each of the state's 67 counties have now refused to carry out the state-ordered purge. He described the ongoing effort by the Governor and Sec. of State as "shameful."

The DOJ's 6/11/12 letter also responded to, and seemed to debunk, the claim made by FL that it had been denied access to a U.S. Department of Homeland Security (DHS) immigration database. The state, in its own lawsuit filed against the DHS last week, has cited lack of access to that database as their reason for using the less reliable state Dept. of Highway Safety and Motor Vehicles (DHSMV) database for the basis of its voter purge.

The purge, to date, has identifies hundreds of perfectly legal citizen voters for removal from the rolls.

The state of FL, in its response to the DOJ, appears not to be offering the full facts about their attempt to use the DHS database and, as it turns out, Republican Gov. Rick Scott should, by now, be very well acquainted with the perils of voter purges based on inaccurate information...as an apparent victim of one such purge himself...

[Now UPDATED with audio archives below...]

It's hump day on the Mike Malloy Show, where we're sitting in as guest host all week for the vacation Mike over your public airwaves, on the Internet (streaming links below) and on SiriusXM ch. 127!

Once again tonight, we'll be BradCasting, LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• DOUG WEAD, Presidential historian, NYTimes best-selling author and Senior Advisor to Ron Paul on the extraordinary attacks (literally) by the GOP establishment against Paul supporters at county and state conventions and on what could turn out to be a very interesting turn of events at this year's Republican National Convention in Tampa! (One that the MSM doesn't seem to be much noticing yet!)
• TRENT LANGE, President of the California Clean Money Campaign, and their effort to curb the effects of big secret money in politics with AB 1648, the California DISCLOSE Act.
• PLUS! Much more, along with your phone calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (use code 55447 when asked). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

POST-SHOW UPDATE: A kinder, gentler show tonight...after last night's eruption... or not. You can decide for yourself with the commercial-free audio archives which are now posted below! I think you'll enjoy them!...

Last night, The Daily Show destroyed --- destroyed --- Florida Gov. Rick Scott and all of his recent voter suppression schemes in the Sunshine State: onerous restrictions on registration, early voting and his recent attempted voter roll purging in a two-part slam. Here's PART 1...

As a bonus in the must-see PART 2 of this piece, wherein correspondent John Oliver travels down to Florida, you'll also get a few moments which highlight Republican mercenary, hack for hire and esteemed "voter fraud" fraudster (and well-paid liar) John Fund for the dangerous mope that he is...

Two of the best lines from the above: 1) Oliver says to Fund after he claims we must stop voter fraud that we don't know is happening but could be happening: "So voter fraud statistics are limited only as much as your imagination?" 2) Oliver's last line of the piece: The alleged voter fraud scourge "hasn't happened, and it won't happen, and that is why it must be stopped!"

For a more serious take on the latest nightmare(s) for voters in Florida, here's my interview from last night on the Malloy Show (which I was guest hosting) with the great Leon County, FL Supervisor of Elections Ion Sancho. He notes that between this and the failure of the e-voting system, "we are playing with fire"...

Download MP3 or listen online below...

And if, after listening, you're looking for that "righteous rant" I promised near the end of the above interview, which surprised me as much as anybody, it's in the very first segment of this subsequent final hour of last night's show:

Download MP3 or listen online below...

[Now UPDATED with audio archives below!]

Mike's off this week, so we're back as guest host for the nationally-syndicated Mike Malloy Show ever night this week, over your public airwaves, on the Internet (streaming links below) and on SiriusXM ch. 127!

As usual, we'll be BradCasting, LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

• ION SANCHO, Leon County, FL's legendary Supervisor of Elections (the one who was placed in charge of the 2000 Presidential "Recount") on Gov. Rick Scott's latest attempted voter purge, the DoJ challenge against it, new election and registration rules in the Sunshine State and much more that you need to know about in the key swing state before this year's Presidential Election!
• JOHN TOMASIC, journalist for The Colorado Independent on the state's new law which, incredibly, exempts ballots from public records requests, so they are no longer accessible for citizen oversight!
• PLUS! The latest news on a possible recount in the WI recalls, Desi Doyen with the Green News Report and much much more as usual! Along with your phone calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (use code 55447 when asked). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

POST-SHOW UPDATE: Today's show includes one seriously righteous rant. I thnk i dang near busted a vessel. But, as you'll see if you listen to the commercial-free archives below, I had little choice. You'll probably enjoy it. (Sickos!) Listen to the entire show now below...and I'll see ya here same Brad Time, same Brad Station tomorrow night!...

[Now UPDATED with audio archives below! Enjoy!]

Mike's taking a much deserved week off, so we'll be guest hosting for him once again every night this week on the nationally-syndicated Mike Malloy Show on your public airwaves, on the Internet (streaming links below) and on SiriusXM ch. 127! Don't miss a single thrilling episode!

As usual, we'll be BradCasting, LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

• JOHN WASHBURN Republican Election Integrity expert (and Scott Walker supporter!) from Fair Elections WI on whether or not anybody can have confidence in the reported results from last week's recall elections. (By the way, even Republicans have cause to be concerned.)
• MICHAEL LIGHTY, Policy Director for the CA Nurses Association on whether or not unions (both public and private sector) can survive against the current PR onslaught and the fight by Big Government Republicans to take away their rights as citizens in the post-Citizens United, post-Scott Walker era.
• PLUS! Much much more as usual! Along with your phone calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (use code 55447 when asked). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

POST-SHOW UPDATE: It's great to be back! And tonight's show made it all worth while. Sez me. The commercial-free archives are all below, along with the chat room archives if you want to read along while you listen! It's a good one! Enjoy!...

Guest blogged by Ernest A. Canning

The state of Florida and it's Secretary of State Ken Detzner (R) are knowingly violating Section 5 of the Voting Rights Act in their attempted purge of "potential non-citizens" from the Sunshine State voting rolls, according to a new federal lawsuit [PDF] filed by the ACLU and the Lawyers' Committee for Civil Rights Under Law.

The complaint follows on the heels of a May 31, 2012 two-page letter submitted to FL election officials by T. Christian Herren, the chief lawyer of the U.S. Justice Department's Voting Rights Division. In his letter, Herren opined that the state's voter roll purge is in violation of Section 5 --- at least in the 6 Florida counties "covered" by that section --- because the state has not sought preclearance from either the DOJ or a federal court, as required by that section of the 40-year old federal law.

Additionally, the DOJ notes in its letter, the purge, coming as it does within the 90 days before Florida's federal primary election, is also in violation of the National Voter Registration Act (NVRA) which covers the entire state.

In response, FL State Department spokesman Chris Cates initially said they would continue the purge nonetheless, as they were "firmly committed to doing the right thing and preventing ineligible voters from being able to cast a ballot." In his official response to the DOJ a few days later, Detzner all but challenged the feds to bring a suit in order to stop the state from continuing their efforts.

Of the original 180,000 names identified by the state as potential non-citizens, out of some 11.3 million registered voters in the state of Florida, 2,700 were sent to county election officials with instructions to notify those voters that they had just 30 days to prove their citizenship or be removed from the rolls. As reported by the Christian Science Monitor, "Before heeding DOJ’s order to stop the purge" county election officials had identified just four noncitizens who "may have voted in past elections, making them potentially guilty of voter fraud," while clearing hundreds of voters who had, in fact, been legally registered voters. Hundreds of others may have been removed from the rolls, despite being legally registered citizen voters.

As The BRAD BLOG previously reported, Herren had demanded that FL officials "advise whether the State intends to cease the practice," but stopped short of issuing an actual "order" that FL immediately cease and desist. Such an order would have to come by way of an injunction issued by a U.S. District Court. The ACLU lawsuit now seeks that injunction even though, according to the Miami Herald, county elections supervisors across the state, led by Leon County's Ion Sancho, are now refusing to carry out a purge which Sancho describes as "illegal."

The ACLU lawsuit alleges facts that suggest the FL GOP is relying upon a FL Department of Highway Safety and Motor Vehicles (DMV) database that it knows cannot provide an accurate basis for establishing non-citizenship until 2017.

Unfortunately, this year's purge in Florida continues a tradition that has been affecting legal voters in Florida --- and, along with them, the rest of the nation --- cycle after cycle since at least the 2000 election...

Guest blogged by Ernest A. Canning

The U.S. 9th Circuit Court of Appeal issued a terse decision denying a petition for rehearing of the earlier 2-1 9th Circuit panel decision in Perry vs. Brown [PDF] in which the majority ruled that CA Proposition 8's effort to strip away the previously recognized right of same sex couples to marry was unconstitutional.

The court order noted: "The matter failed to receive a majority of the votes of non-recused active judges in favor of en banc consideration." (En banc essentially means 'by the full 9th Circuit', as opposed to a three judge panel.)

The order added, however: "The mandate is stayed for ninety days pending the filing of a petition for writ of certiorari in the Supreme Court. If such a petition is filed, the stay shall continue until final disposition by the Supreme Court."

This essentially means that, despite the determination that Prop 8 is unconstitutional, same sex couples in CA cannot effectuate their right to marry until either 90 days have lapsed, or longer if a Supreme Court challenge is filed.

As The BRAD BLOG previously averred, U.S. 9th Circuit Judge Stephen Reinhardt's earlier majority opinion in this case was "so narrow and so tightly crafted to meet the criteria of a 1996 U.S. Supreme Court decision, Romer v. Evans, that it minimized the chances that the U.S. Supreme Court will decide to hear the case, let alone reverse the decision."

Guest blogged by Ernest A. Canning

Reports by the Miami Herald and by Democracy Now report that the U.S. Department of Justice (DOJ) has "ordered Florida...to end a controversial voter purge that's primarily targeted Latino, Democratic and independent-minded voters" (see video below) may not be technically accurate.

Both refer to the two-page letter submitted by T. Christian Herren, the chief lawyer of the DOJ's Voting Rights Division, to FL officials which suggested that the purge, ordered by Republican Gov. Rick Scott under the unsubstantiated pretense that the state had thousands of non-citizens registered to vote, violated Section 5 of the Voting Rights Act because FL had not sought preclearance for the new voter roll purge either from the DOJ or a federal court. Herren, as the Miami Herald article observed, demanded that FL officials "advise whether the State intends to cease the practice," but stopped short of issuing an actual "order" that FL immediately cease and desist.

Election officials across the state have confirmed that the Governor's purge list includes hundreds, if not thousands, of legally registered U.S. citizens who are improperly identified as "non-citizens" to be removed from the rolls.

Only five of Florida's 67 counties are "covered jurisdictions" under Section 5 of the Voting Rights Act. That means that while Supervisors of Elections in some counties had vowed not to carry out Scott's purge, others, like Seminal County's Republican Supervisor of Elections Mike Ertel, signified their intent to carry out what amounts to a new form of GOP "caging lists" in which those voters who do not respond to official letters in a designated fashion are automatically purged from the eligible voter rolls. On Friday, an attorney from the Florida State Association of Supervisors of Elections, representing all 67 counties, sent a memo to officials recommending they do not carry out the scrub as called for by the state.

The DOJ letter to FL also noted that the voter roll purge across the entire state appears to be in violation of the National Voter Registration Act (NVRA), which bans the removal of voters from the rolls in the 90 days prior to a federal election. Florida is set to hold its federal primary election on August 14th, making May 16th the last legal day for the type of voter roll maintenance the state now claims to be carrying out.

Even assuming that Herren's letter to the state amounts to a DOJ "order," it may not be enough to stop what The Advancement Project estimated in its May 17 letter to Herren [PDF] could ultimately produce an illegal purge of as many as 180,000 otherwise eligible voters based on a flawed, eleventh hour pre-election effort to match voter rolls against the FL driver's license data base.

After receiving the letter from the DOJ, Florida Dept. of State Spokesperson Chris Cates said they intended to continue with their purge anyway. "Bottom line is," Cates told Think Progress, "we are firmly committed to doing the right thing and preventing ineligible voters from being able to cast a ballot."

The purge has already ensnared U.S. citizens like Bill Internicola, the 91-year old, Brooklyn-born, World War II veteran and Bronze Star recipient who fought in the Battle of the Bulge and Archibald Bowyer, another 91-year old WWII vet who has been citizen since the age of 2, and who received his letter from the state warning he would be purged just as his wife had died.

Cates has marginalized such incidents as "a handful of people [who] have been inconvenienced.”

To halt the purge, groups like the ACLU and the DOJ may need to initiate a federal lawsuit in which they seek yet another preliminary injunction, like the one issued late Thursday by U.S. District Court Judge Robert L. Hinkle in League of Women Voters v. Browning [PDF]. That ruling, as we reported on Thursday, spoke to a different aspect of this year's GOP voter suppression effort in FL. Hinkle's ruling ordered an official federal injunction on the draconian restrictions imposed on voter registration workers by the FL GOP, which had earlier led to groups like the League of Women Voters of Florida being forced to cancel their voter registration drives for the first time in some 70 years.

Florida has until June 6th to official respond to the U.S. Dept. of Justice.

Video of Democracy Now segment on the DOJ's response to the FL purge follows...

Guest blogged by Ernest A. Canning

Recently, The BRAD BLOG criticized the undemocratic features of the new "Top Two" open primary system (aka the "Cajun Primary") in California. The new system, approved via a ballot initiative in 2010, changes the state's primary to system to allow a single, open primary in which the two candidates who receive the highest numbers of votes, go on to face each other in the November general election even if the combined totals of the 'Top Two' do not amount to a majority of votes cast in the primary.

In our critique, we cited the race for the newly created CA-26 Congressional seat where, despite a Democratic Party voter registration advantage, come November, voters may be forced to choose between a 'Tea Party' Republican and a stealth Republican who changed her party registration to independent just days prior to the candidate filing deadline because the two are matched against four Democrats on the June 5 "Top Two" primary ballot.

Our analysis drew criticism in comments from some right-leaning readers claiming our critique was simply a case of sour grapes by a progressive author. But, the state's upcoming U.S. Senate race reveals that the undemocratic potential of the 'Cajun Primary' cuts both ways; that there is a distinct possibility that all Californians, come November, will be forced to choose between the incumbent corporate Democratic Sen. Diane Feinstein, and the Occupy Wall Street-connected, computer scientist David Levitt (see video below), who is also a Democrat...

The mainstream media doesn't much seem to be noticing as they chew their cud over and over about Romney Bain this and Obama Birther that, in endlessly looped (non-)"news" cycles, but things are looking pretty good for supporters of Ron Paul these days.

At least in as much as the Paul folks seem to be doing one helluva job of deliberately taking over their party from the inside through a seemingly very smart and certainly persistent and definitely well-organized strategy of taking over local district, county and state party conventions (and even party executive positions), all while seeing to it that Paul delegates get nominated to the Republican National Convention in state after state in the bargain.

What will come of all of those delegates once we get to Tampa remains to be seen. But make no mistake, they will be there and in force, and likely not shy about exercising the same strong (small "d") democratic voice that got them there in the first place. Whether the corporate media has figured out that all of this is newsworthy yet is a different matter. (My bet is that it is.)

But while the persistence of the Ronulans may be paying off with both short and long term political dividends, the democratic process they are participating in itself is also seeing a number of victories, as evidenced by at least one comeuppance to GOP establishment types in the state of Georgia, where we now have a happy-ish ending to a story we reported on earlier this year.

The latest good news resulted in one of the players offering a remark we don't often hear from inside the Republican Party --- at least not by folks who mean it: "This decision re-affirms the party's commitment to fair, open and honest elections"...

The mainstream corporate media spend a lot of time telling you about crap that doesn't matter. Then there's the stuff that does matter which you hardly hear about at all.

This is one of those stories. Hugely important, yet, almost inexplicably, barely reported on.

Happily HuffPo's Dan Froomkin --- who Tweeted it out this week by noting: "Hey! Did you just feel the campaign finance firmament move? I think Karl Rove did." --- has at least been staying on top of it...

See the rest of Froomkin's piece for more very instructive info on this.

Now the Rovians have a remarkable ability to slither through newly found loopholes to ensure they are able to continue not doing the right thing when it comes to gaming our embarrassingly obscene campaign finance system. Moreover, election law professor Rick Hasen expects the "stay request to now end up before the Supreme Court, where the outcome may be different."

Nonetheless, this is a very positive development for those who believe in transparency, particularly in the dark infamy of our post-Citizens United world, and I'm amazed, on one hand, that this story isn't being discussed more by the media. On the other hand, given that the corporate media are actually the top beneficiaries of the Citizens United ruling, perhaps I shouldn't be so amazed.