The only good day in court this week for rightwing extremist yutzes was at the U.S. Supreme Court today, unfortunately. Other than that, as detailed on today's BradCast, it's not going well for them. [Audio link to full show follows this summary.]

Among the many stories of note covered on today's program...

• Last year, the corrupted, far-right, activist extremists on the U.S. Supreme Court tossed out precedent and ignored the text of federal law to gut the EPA's ability to regulate carbon pollution under the Clean Air Act. Today, those same corrupted yutzes gutted the EPA's ability to regulate pollution of our wetlands under the Clean Water Act. Once again legislating from the bench, Justice Sam Alito was even opposed on this matter by Justice Brett Kavanaugh who accused the majority of rewriting federal law and undermining the original intent of Congress.

• 58-year old Oath Keepers founder, one-time BradCast guest, convicted seditionist and rightwing extremist yutz who shot his own eye out back in 1993, Stewart Rhodes was sentenced to 18 years in federal prison on Thursday for the terrorist attack he helped organize on the U.S. Capitol on January 6, 2021. It was the longest sentence to date for the Trump insurrectionists who failed in their attempt to overthrow the government in order to steal the 2020 Presidential election.

• This week, Richard "Bigo" Barnett, the 63-year old rightwing extremist yutz who made himself infamous among the 1/6 insurrectionists by posing for photos with his feet up on a desk in the office of then-Speaker Nancy Pelosi (carrying a "stun device" and a 10-pound steel pole he brought with him from Arkansas), was sentenced to 4 and a half years in federal prison. Sad!

• Former TV news anchor, Trump Mini-Me Wannabee election denier and rightwing extremist yutz Kari Lake lost yet again in Arizona court this week, in what was her last chance to prove that the 2022 election for Governor was somehow stolen from her by Republican officials in Maricopa County (Phoenix). She not only lost again, but lost hilariously and is now, along with her attorneys, facing potential sanctions for their "heinous and profoundly harmful" claims that the 2022 election was "rigged", according to County attorneys citing Lake's multiple false claims, both before and during the latest trial, about the election she lost to Democratic Gov. Katie Hobbs by about 17,000 votes last year.

• House Speaker Kevin McCarthy and his merry band of rightwing extremist yutzes in the U.S. House continue to hold the global economy hostage with their demands for massive cuts to popular social safety net programs in exchange for voting to raise the dumb debt ceiling. We've spent many shows in recent weeks discussing their dangerous threats, and the several ways that President Biden could fairly easily avoid a catastrophic, first-ever default by the U.S. Government without acceding to their threats.

  So why hasn't he taken advantage of those options, such as his ability to invoke the section of the 14th Amendment which declares "The validity of the public debt of the United States, authorized by law...shall not be questioned"? What explains Biden's various inscrutable responses when asked by reporters of late about using the 14th? And why has the Administration been hedging in their response to a lawsuit from a union of government employees suing them to invoke the 14th?

  Well, MSNBC's Lawrence O'Donnell offered a sort of grand unification theory this week that could explain all of that. Matching up his theory --- which posits that Biden and his lead negotiator, Steve Richetti, are up to some serious Dark Brandon 3-D chess --- with the various public reporting available to those of us outside of the negotiating room, would actually explain some of the inexplicable comments from Biden and, frankly, his willingness to negotiate on the debt ceiling with Republicans at all after months of the Administration saying they refused to do so.

  O'Donnell concedes his theory is little more than a well-educated guess, based on his personal knowledge of Biden and Richetti from his time as a U.S. Senate staffer some years ago. But, if he is right, and if Biden can pull all of this off, it would avoid not one, but two upcoming fiscal cliffs at the same time, both the Debt Ceiling and the budget negotiations later this year which Republicans would otherwise almost certainly use to shut down the government as they have in years past in advance of next year's elections. O'Donnell's theory could even include ending the ability for rightwing Congressional yutzes to use the Debt Ceiling law as a hostage taking device ever again in the future.

  I realize that's a lot of "ifs", but, yes, all of that is actually a possibility based on all of the reporting on the matter so far, including late updates today from both Reuters and New York Times. It's all explained in detail on today's show.

• Finally, Desi Doyen joins us for our latest Green News Report, with grim news on global heating and the rightwing extremist yutzes both causing it and refusing to do anything about it...

* * * SHOW NOTE: We're taking a very much-needed break over Memorial Day week from both the The BradCast and Green News Report. So it may be quieter than usual around here over the next week. Please forgive us, and we'll see ya shortly thereafter!...

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After more than twenty years of rolling back corruption and bribery statutes, is it any wonder, as our guest on today's BradCast observed in his latest op-ed, that the U.S. Supreme Court is now "blind to its own corruption"?

BUT FIRST, Florida Governor Ron DeSantis is announcing his 2024 Presidential run today, and corporate media outlets are focusing on his horse race with the disgraced former President. We mark the day, however, by focusing on several of the latest victims of DeSantis' Big Government weaponization against people of color and the LGBTQ+ community. That, by a guy whose 2022 re-election slogan in Florida was, laughably, "Freedom Lives Here".

DeSantis deserves credit for leading the way for other, similarly gerrymandered and GOP-controlled states which have begun to adopt many of the same, hateful, Big Government "cancel culture" statutes that, in Florida, have resulted in banned books, muzzled teachers, lost rights, vile threats against those who support freedom and travel warnings issued for those visiting the Sunshine State.

Today, the effort is playing out in terroristic threats against Target employees; an investigation of a Florida grade school teacher for showing an animated Disney film to her class; and the removal of The Hill We Climb --- a poem by Amanda Gorman which she read at Joe Biden's 2021 inauguration --- from a grade school library. That's just a sampling of some of the latest victims of DeSantis' cruel agenda during his tenure as Governor.

As California's Democratic Gov. Gavin Newsom tweeted in response to Target's removal of items from its Pride Month collection under threats from the MAGA right, "Wake up America. This doesn’t stop here. You’re black? You’re Asian? You’re Jewish? You’re a woman? You’re next."

THEN, it's back to the seemingly never-ending, decades-long corruption of U.S. Supreme Court Justice Clarence Thomas and some similar, recently revealed corruption by Justice Neil Gorsuch and even Chief Justice John Roberts who, by and large, refuses to do anything about any of it.

There's an explanation for that, argues RANDALL D. ELIASON, George Washington University Law School professor and former chief of the fraud and public corruption section at the U.S. Attorney’s Office in D.C.

"Over more than two decades, the Supreme Court has gutted laws aimed at fighting corruption and at limiting the ability of the powerful to enrich public officials in a position to advance their interests. As a result, today wealthy individuals and corporations may buy political access and influence with little fear of legal consequences, either for them or for the beneficiaries of their largess," Eliason argued in a New York Times op-ed over the weekend, adding: "No wonder Justice Thomas apparently thought his behavior was no big deal."

Today, Eliason tells me, "the Court itself has contributed to a legal environment over the last twenty years, where, at least as far as the Court is concerned, many of the things that are going on are not, in fact, corrupt, because they've taken this extremely narrow view of what corruption is." Essentially, he explains, cases such as Citizens United v. FEC; United States v. Sun-Diamond Growers; Skilling v. U.S.; and McDonnell v. U.S. have all greatly narrowed the definition of corruption to largely nothing less than a very specific quid pro quo bribe where a politician promises a very specific official act in exchange for payment.

That means, as some on the Court may now see it, long-term relationships where a GOP megadonor like Harlan Crow has sponsored hundreds of thousands of dollars in undisclosed luxury travel for Thomas, or purchased his mother's house, improved it, and allowed her to live there rent-free to this day, or even paying private school tuition for Thomas' grand-nephew, is not seen as "corruption" if it wasn't in return for a specific thing. Even Thomas' wife Ginni can receive tens of thousands of dollars in payoffs by far-right activists, and it's not considered corruption.

"These long term relationships, where wealthy donors can shower a politician or a Supreme Court justice with huge gifts over years --- that's okay. At least it's not criminal, unless prosecutors can prove beyond a reasonable doubt that one particular gift was because of one particular thing they did," Eliason explains, detailing how the Court has cloistered itself into a world where all of this is somehow okay.

"The reality of corruption is usually much more subtle that that, and pervasive than that. It's a long-term 'You scratch my back and I'll scratch yours' kind of arrangement. 'I'll give you these fancy trips and gifts and things over time, and then when things happen to come up that I'm interested in, you'll do the right thing for me, and we don't even have to talk about it. We don't have to have an explicit deal, it's just an understanding between us.' That's what real-world corruption is like. But for more than twenty years, the Court has issued a series of opinions that have largely put arrangements like that --- like the arrangement between Harlan Crow and Clarence Thomas --- out of the reach of the law."

We've got a lot to discuss on these matters with Eliason today, including his suggestions for how Congress could fix this clearly broken and corrupt system, even as the Chief Justice suggests (inaccurately) that doing so would somehow be a violation of the Constitution's Separation of Powers doctrine. Ironically enough, if Congress finally does manage to legislate ethics reform for the Court and someone did challenge it as unconstitutional, guess who would get to be the final arbiter? "I wonder how they are going to rule?," quips Eliason...

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With their policy positions wildly unpopular among Americans, is it any wonder that Republicans are now doing little more than lying about their beliefs, crashing the economy, using the government to funnel money to wealthy campaign donors, and otherwise adopting laws, where ever they still can, to prevent non-Republicans from winning elections? And those are their non-violent strategies, as detailed on today's BradCast. [Audio link to full show is posted below this summary.]

Among our many stories today...

• A 19-year old from Missouri, apparently with a Nazi flag in his rented truck, is charged with "threatening to kill, kidnap or inflict harm on a president, vice president or member of their family; assault with a dangerous weapon; reckless driving; destruction of federal property; and trespassing," after attempting to ram the truck into Lafayette Square across the street from the White House on Monday night. MAGA Republicans online seem to think the Nazi flag was an FBI setup to make them look bad. They may not have thought through that argument very well.

• TAP's Ryan Cooper details the evidence that makes it plain as day that Congressional Republicans couldn't care less about the national debt or budget deficits in their pretend case against raising the statutory (and, almost certainly unconstitutional) Debt Ceiling law. If they actually cared about the debt or deficits, they wouldn't oppose raising revenue, among other things. But House Speaker Kevin McCarthy's fight, on behalf of his party, is not about debt. It is about using terrorism to crash the economy in hopes of hurting Democrats before the next election. They've been pulling this trick for years now. Perhaps Democrats should stop falling for it?

• According to separate reports from WaPo and NYT last night, Special Counsel Jack Smith has subpoenaed information from the Trump Organization on its business dealings with China, France, Turkey, Saudi Arabia, Kuwait, the United Arab Emirates and Oman since 2017, as part of his probe of the documents, many of them highly classified, that Donald Trump stole from the White House upon leaving office. Now why would Smith want to do that?

• Trump appeared remotely in New York court today to be instructed by the judge overseeing his 34 felony count indictment in the Stormy Daniels hush-money case, that he may not share certain evidence from prosecutors over social media. He may not even view some of it without his lawyers present. A date was also set for the beginning of his trial, on March 25, 2024, smack-dab in the middle of next year's Presidential primary season. Should be fun.

• In a somewhat more immediate Trump Criminal Accountability Calendar Item, Fulton County, Georgia District Attorney Fani Willis has now informed Fulton's Chief Judge that, other than leadership and "armed investigators", the bulk of her staff will be working remotely from July 31 though August 18. That syncs up with dates that Willis previously suggested indictments were likely to be brought in her office's investigation "into possible criminal interference in the administration of Georgia’s 2020 general election". She requested that "judges not schedule trials and in person hearings during the weeks beginning Monday, August 7 and Monday, August 14." So, yeah...mark your calendars. It may get hotter than usual in Atlanta this summer.

• We would have covered the above story sooner, but it came out as I was being deposed last week in a lawsuit [PDF] filed by the Coalition for Good Governance against Georgia's SB202 voter suppression law. I am a named plaintiff in the case, representing media, regarding provisions of this terrible bill that unconstitutionally chill and/or otherwise dangerously prevent press freedoms and public oversight of elections in the Peach State. While my three-hour depo last week went very well, I believe, I'll hold more specific thoughts for later, as other plaintiffs in the case are still going through their own depositions. But, another provision being challenged by CGG in this terrible bill --- best known for blocking the distribution of food or water to voters waiting in line to vote --- is a scheme that allows the State to replace entire, elected, local Boards of Elections with a single appointee of the Secretary of State's choosing. That wildly undemocratic provision, supported by GA's Republican Sec. of State, Brad Raffensperger, is now being echoed in...

• ...Texas! Lawmakers in the Lone Star State on Tuesday were voting on two bills that will allow local election officials to be replaced by someone chosen by the Republican Governor's hand-picked Secretary of State, and otherwise make it easier to interfere with local elections. However, these provisions only apply to Counties in Texas with more than 3.5 million voters. As it turns out, the only such county in the state that meets that requirement is Houston's Harris County, a now reliably "blue" part of a "red" state turning more "purple" by the year. If ya can't beat 'em...commandeer their elections and right to vote.

• Finally, Desi Doyen joins us for news on a massive cyclone now aiming directly for the U.S. territory of Guam after spinning up from almost nothing overnight to a catastrophic category 4 Super Typhoon today. That, followed by our latest Green News Report, with important news in the war over water in the drought-stricken U.S. west, and some great news about sweeping, landmark environmental and climate legislation being adopted by Minnesota, now that Dems have taken control of both chambers of the state legislature and its governor's mansion...

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At some point, the President is just gonna have to do the right thing and stop playing footsie with disingenuous, bad faith Republicans who are holding the nation's economy hostage over the unconstitutional debt limit law. Also, the Democratic Governor in Arizona has some splainin' to do on today's BradCast. [Audio link to full show follows below this summary.]

After a bit of breaking news at the top of the show (regarding a breakthrough agreement on water sharing between Western states on the drought-stricken Colorado River, and E. Jean Carroll suing Trump yet again for defaming her yet again), it's onto the dangerous negotiations still taking place, for some reason, between the White House and House Speaker Kevin McCarthy over whether or not the U.S. will follow the law and pay its bills or go into default for the first time in the nation's history.

We're joined today by investigative financial journalist, author and Executive Editor of The American Prospect, DAVID DAYEN. He has been reporting on a lawsuit recently filed by the National Association of Government Employees (NAGE) against President Biden and Treasury Secretary Janet Yellen, charging that they are already violating the law by "suspending investments into...employee retirement plans" as part of Yellen's so-called "extraordinary measures" to avoid hitting the arbitrary borrowing limit implemented by Congress. She has said that those measure will run out as early as June 1, before the U.S. won't be able to pay all of its bills without borrowing more money. "There is active and ongoing harm which will get worse if the ceiling is hit," the NAGE suit alleges.

At the same time, as listeners may know, we've been covering the text of Section 4 of the 14th Amendment which states in clear language: "The validity of the public debt of the United States, authorized by law, including debts ... shall not be questioned." While Biden has made clear he is aware of the Constitutional option, he has said (not necessarily correctly) that invoking the 14th Amendment to follow the law by ordering the Treasury Department to continue borrowing to keep paying all of our bills would have to be litigated. That, he suggests, would take too much time to be adjudicated in court in order to avoid an upcoming debt default. Thus, he has been negotiating with McCarthy to find an agreement that McCarthy, as Dayen points out today, is unlikely to be able to even get his own caucus to agree to vote for.

With all of that in mind, and NAGE having filed for an emergency injunction in their lawsuit late last week, Biden and Yellen now have until June 6 to respond to the suit. Dayen points out, in both his X-DATE newsletter today and on our program, that Biden/Yellen merely need to respond to the suit by saying they agree with the plaintiffs suing them. The federal judge will then have no choice but to find in favor of NAGE, ruling that the President cannot pick and choose which bills will or won't be paid and that the 14th Amendment likely makes the Debt Ceiling law unconstitutional.

Problem solved! At least if Biden and the White House finally take this golden opportunity that has been handed to them. Sure, there are some nuances, as we discuss with Dayen, but, in general, Biden could use this to end the standoff in short order, before a global financial catastrophe --- which will only increase the U.S. deficit that Republicans in the House are only now pretending to give a damn about --- comes crashing down as early as next week.

"Here's your chance, Joe," says Dayen. "You have to write a response in this active litigation, and what you can say is 'I agree, and I am not going to contest this lawsuit.'" Once the judge receives that, Dayen explains, he'll have to say, "'Okay, I've got two sides in this lawsuit. One side says the debt ceiling is unconstitutional, and the other says it, too.' Presumably, the outcome, the ruling, would be that the debt ceiling is unconstitutional. Who would appeal it? There are two parties in this case, and neither are House Republicans."

ALSO TODAY: Last week on the show we spoke with Arizona's former Republican Secretary of State, now state Senator Ken Bennett, about a bipartisan bill passed out of the state's legislature last week to greatly improve election oversight, transparency and security by making digital ballot images of every ballot cast available for anyone to download and count for themselves in their own home if they wish. (A ballot image is a digital photo of each ballot that is taken as the ballot is scanned by the computer tabulators. It shows exactly how the voter voted at the time the ballot was cast and counted.)

The landmark measure, HB2560 --- which would make it much more difficult for the MAGA right to falsely claim elections are stolen --- was sponsored by Bennett in the AZ legislature and supported by the state's current Democratic Sec. of State Adrian Fontes as well. Thus, last week, when we spoke with Bennett, his hope was that the state's new Democratic Governor (and former Democratic Sec. of State) Katie Hobbs would sign the landmark transparency measure this week.

Instead, just before airtime, Hobbs vetoed the bill, falsely claiming it would "threaten anonymity" of voters and "open the door to the spread of additional election mis- and dis-information."

As Bennett explained last week on the show, he strongly disagrees. So does the nonpartisan election transparency group, AUDIT USA, headed up by longtime Democrat and ballot image proponent, John Brakey. They issued a statement responding to Hobbs' veto, calling it "a blow to efforts to reduce election conspiracies."

They charge the measure would "achieve just the opposite" of spreading "mis- and dis-information." In the statement, Brakey said that "By claiming the bill would compromise the privacy and anonymity of voters and lead to the increased spread of disinformation, the Governor has ignored the experience of multiple jurisdictions around the country that have been posting ballot images without the problems she claims would be caused."

The group is now hoping to win the one more vote in the state Senate and 9 more votes in the state House that will be needed to override Hobbs' veto. They will have about 21 days after they come back into session in mid-June. Stay tuned...

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Is President Biden falling into a dangerous GOP trap by negotiating the debt ceiling? Our guest on today's BradCast argues that a potential disaster could and should easily be avoided entirely.

BUT FIRST, while we covered the grotesque lawsuit filed by Noelle Dunphy detailing sexual abuse by the repulsive, alleged sexual predator Rudy Giuliani on yesterday's show, I had the chance to read the full 70-page complaint [PDF] this morning. And I discovered one paragraph that I hadn't yet seen reported elsewhere and just want to make sure it gets out there.

Paragraph 124 on page 23 details how Trump and Giuliani, according to Dunphy, already had worked out plans by early 2019 to claim phony "voter fraud" and that the election was stolen, if the then-President turned out to be the loser in 2020.

"On February 7, 2019," the suit alleges, "Giuliani told Ms. Dunphy...about a plan that had been prepared for if Trump lost the 2020 election. Specifically, Giuliani told Ms. Dunphy that Trump's team would claim that there was 'voter fraud' and that Trump had actually won the election."

Just wanted to make sure that gets out there today.

NEXT UP, we cover the reported results of a number of key state and local elections held on Tuesday, with overall very good results for Democrats (again) and some embarrassment for Florida Governor and hapless GOP Presidential hopeful Ron DeSantis. In an upset victory, voters in Jacksonville --- long the most populous city in the nation with a Republican Mayor --- chose Democrat Donna Deegan to take over. A Republican has served as Mayor there for all but 4 of the past 30 years. Now, it will be run by both a Dem and the city's first-ever female chief executive. That, after DeSantis endorsed her Republican opponent.

That wasn't the only embarrassment for Meatball Ron on Tuesday. In Kentucky, for some reason, he endorsed Trump's former U.N. ambassador at the last minute in the GOP primary for Governor. She came in third by more than 30 points. Trump's choice, Mitch McConnell protege and the state's first Black Attorney General, Daniel Cameron, will run against the popular incumbent Democratic Governor Andy Beshear this November. So, ol' Ron was 0 for 2 on the night, even if the candidate he endorsed in KY was a GOP megadonor that he hopes, I suspect, will want to return the favor by supporting a loser herself next year.

In Philadelphia, moderate Democrat Cherelle Parker emerged victorious from a group of five front-runners, defeating a more progressive Dem to win the primary. The win almost ensures Parker will become the City of Brotherly Love's 100th Mayor this fall, and the very first female, after 99 dudes in a row, to hold the position in the nation's 5th most populous city.

Dems also held on to the majority in Pennsylvania's state House, after narrowly taking it over, by one seat, for the first time in a dozen years in February. On Tuesday, the Democratic candidate won a seat in the state House recently vacated by a Dem accused of sexual harassment. In PA, the House sets the agenda for the entire state legislature, where Republicans still control the Senate.

And, Republicans may have dodged a bullet on Tuesday in the Keystone State when the only judge in the nation to rule in favor of blocking certification of the 2020 Presidential race lost the GOP primary to a not-insane Republican who will run against a Dem this fall for a recently vacated seat on the state's Supreme Court. No matter what happens in the general election, Democrats will retain a majority on the court in the critical battleground state.

FINALLY, an ever-optimistic President Biden on Wednesday announced that he will cut his planned overseas trip short to return to Washington on Sunday to finish what he believes is a possible deal to prevent the GOP from forcing the federal government into defaulting on our debts for the first time in history. We'll see if he's right about that. The Treasury Department warns that, without Congress raising the debt ceiling, we'll hit the dumb statutory debt limit as early as June 1, barring Treasury from borrowing more money to pay the bills for stuff that Congress and Presidents of both parties have already committed to paying for. Economic calamity would likely ensue in the U.S. and even across the globe if that happens.

But is it even necessary to play along with far-right Republicans hell-bent on holding the nation and world economy hostage to their pretend concerns about spending and debt? A number of Constitutional law experts, including Harvard's well-respected Laurence Tribe, argue that it is not. That the 14th Amendment makes clear: "The validity of the public debt of the United States, authorized by law, including debts ... shall not be questioned."

We're joined today by BRAD BLOG's longtime legal analyst, ERNEST A. CANNING, who agrees with Tribe and his argument that, in fact, there is no one who actually has the legal standing to sue the Biden Administration if he simply instructs Treasury to keep paying the nation's bills, as required by law, whether Congress raises the debt ceiling or not. Canning recently wrote an article explaining how a simple Executive Order from the President would do the trick.

But wouldn't litigating over the matter --- even the act of determining if, say, the GOP House had standing to sue --- still end up crashing the markets? Canning explains why he believes that will not happen and why Biden's concerns about invoking the 14th Amendment are unwarranted.

We also discuss Canning's recent article on how Ronald Reagan's veto of a 1987 bill to codify the FCC's Fairness Doctrine into law, led directly to the January 6 insurrection and the extreme threat that U.S. democracy now faces...

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President Biden has, at his disposal, a simple, yet elegant solution to the Republican-manufactured debt ceiling crisis/hostage-taking effort.

On a legal level, as Harvard's Constitutional law expert, Laurence Tribe, points out, Biden can avert an unprecedented and catastrophic U.S. Government default on its Congressionally-created debt by invoking a critical provision of the U.S. Constitution to order the Government to continue borrowing as needed in order to pay for spending that has already been incurred. On a practical level, he could do so by issuing a simple Executive Order directing Treasury Secretary Janet Yellen to honor the nation's debt, irrespective of whether or not Congress passes a bill to increase the debt ceiling.

The President and his administration, Tribe contends, are required to make Congressionally-mandated payments, even if doing so requires borrowing sums beyond the existing statutory limit.

In a recent New York Times Op-Ed, Tribe joined others who have long argued that Section 4 of the 14th Amendment provides that "the 'validity' of the public debt 'shall not be questioned' --- ever!" He spelled out, in no uncertain terms, that, "after passing the spending that created these debts in the first place", Congress does not have the power to "invoke an arbitrary dollar limit to force the president...to do its bidding."

In the editorial, Tribe advised the President to remind Congress that he's "bound" by his Oath of Office "to prevent the country from defaulting on its debts."

In response to Tribe's advice, Biden, mentioning him by name, said he'd "been considering the 14th Amendment...but the problem would have to be litigated." He added: "In the meantime, without an extension, it would still end up in the same place."

Biden may have misunderstood the ramifications of Professor Tribe's analysis...

A decision by President Ronald Reagan to veto [PDF] an Act of Congress that would have codified the FCC's Fairness Doctrine into law, rather than just FCC regulation, coupled with the failure of both the FCC and Congress to expand the Doctrine to apply not only to over-the-air broadcasting, but also to ubiquitous cable television networks like Fox "News", gave birth to today's mendacious right-wing media echo chamber.

The rationale offered by Reagan in his veto at the time, and by the Commissioners he appointed to the FCC when it repealed [PDF] the Fairness Doctrine in 1987, was that the Doctrine had a "chilling effect" on broadcasters' willingness to cover controversial topics. The U.S. Supreme Court, however, in Red Lion Broadcasting v. FCC (1969), brushed aside that same argument as speculative.

"It is the purpose of the First Amendment to preserve an uninhibited market-place of ideas in which truth will ultimately prevail," JFK-appointee Justice Byron White wrote on behalf of the unanimous Supreme Court in the Red Lion opinion. "Speech concerning public affairs," he added, "is more than self-expression; it is the essence of self-government."

That observation aligns with the words of James Madison, who introduced the First Amendment at the Constitutional Convention in 1787. "Knowledge will forever govern ignorance," Madison proffered; "and a People who mean to be their own Governors must arm themselves with the power that knowledge gives."

Because the "goal" of the First Amendment is to produce "an informed public capable of conducting its own affairs," the Court, in Red Lion, ruled that it's the First Amendment "right of the viewers and listeners, not the right of the broadcasters, that is paramount."

The Supreme Court has never recognized a First Amendment right of a broadcaster to lie to the public, let alone a broadcaster's right to erect a pervasive, yet entirely fictional alternative reality, like the one created when Fox "News" embraced and amplified the same "Big Lie" that led to the January 6 insurrection.

If the Doctrine had been retained and expanded to cable TV outlets, it might well have prevented the January 6 insurrection. An expanded Fairness Doctrine would also have the potential to fend off today's ominous threat to the very survival of democracy in these United States...

On today's BradCast: It's official. Our former President has now been found liable by a federal jury for sexual assault. And, it's not a matter of partisanship, but a matter of facts and evidence. The Republican Party has now clearly become a Party of Terrorism in these United States. [Audio link to full show follows this summary.]

Among the stories backing up those assertions on today's program...

• A federal jury in New York on Tuesday, after no more than three hours of deliberation, found Donald J. Trump to liable for sexual abuse and defamation against magazine writer E. Jean Carroll after what she described as a rape in a New York department store in the 1990s. The jury in the civil case ordered Trump to pay some $5 million in damages to Carroll, even as he continued to lie about her both before and after the jury's unanimous decision.

• Nations around the world are now warning their citizens to take precautions when traveling to the U.S. due to all the terrorism, specifically the gun-violence by domestic-terrorists which the Republican Party refuses to do anything about. Instead, like Texas Governor Greg Abbott --- who has presided over an untold number of mass murders carried out with AR-15 and similar weapons in his state during his three terms as Governor --- they are pretending (again) that the real issue isn't the easy availability of weapons of war, but "mental health". And yet, at the same time, Republicans like Abbott have slashed hundreds of millions of dollars from, you guessed it, mental health care, even while working hard to both take health care away from folks who need it entirely and make it easier for those with and without mental health issues to buy still more high-powered, military-style weapons.

• We now know the identities of the 8 killed in the weekend mass murder at the Allen, Texas outlet mall, allegedly carried out by a neo-Nazi who echoed many ideas expressed by Republicans in his social media postings. One Korean American six-year old became an orphan during the weekend rampage as his mother, father and younger brother were all killed in the shooting. Two sisters in grade school were also murdered at the same time, along with a mall security guard and several others.

• Over the same weekend, a 14-year old girl, miraculously, wasn't killed in Louisiana, even though she was shot in the head by a man who saw shadows outside of his house and started shooting at them. The shadows were of neighborhood children playing hide and seek. But, at least the 58-year old man bravely "stood his ground" against the "threat". Yet another victory for the Republican Party of Terror.

• All of that as the Dept. of Justice Sentencing Memo we discussed on yesterday's program, "throwing the book" at the rightwing, Trump-supporting militia group Oath Keepers for their seditious conspiracy on January 6th at the U.S. Capitol, included a request for increased penalties for "terrorism" in the addition to the charges for which the conspirators were previously found guilty.

• If being the Party of Terror by Murder and Terror by Insurrection wasn't enough for today's Republicans, they are now working on adding the Party of Economic Terror to their list of accomplishments. With the "X-Date" now looming for when the U.S. Government runs out of borrowing authority to pay its bills --- including payments for decades of stuff mandated by Congress and Presidents of both parties --- the U.S. is facing the real possibility of default for the first time in its history. That's because House Republicans are, so far, refusing to simply vote to raise or ignore the dumb debt ceiling law unless the White House agrees to cut billions of dollars in spending on food assistance, health care (including for veterans) and much more. If the U.S. defaults on its debts and its ability to pay interest on loans, social security checks and salaries to the military (and much, much more), we could see a financial calamity in world markets and economies as early as June 1, according to the Treasury Department.

  If Republicans shoot the proverbial hostage this time around, the Biden Administration is reportedly considering invoking Section 4 of the 14th Amendment, the text of which states clearly, in pertinent part: "The validity of the public debt of the United States, authorized by law, including debts incurred ...shall not be questioned."

  Under this theory, the Treasury Department would simply continue to borrow, as needed, in order to pay bills already incurred, even if Republicans refuse to lift the Debt Limit. Remember, the Executive Branch is required, by law, to pay bills that Congress already mandated be paid. If the Government runs out of money and can't pay its bills, it would be in violation of myriad laws. On the other hand, if Treasury borrows money to pay our bills without the Debt Ceiling limit being raised by Congress, it would also be violating the law, albeit only that one, dumb one and, arguably, the U.S. Constitution. Harvard Law professor Laurence Tribe explains all of this in a weekend op-ed at the New York Times in which he details his reasons for having changed his mind about the debt limit.

• But, as Simon Rosenberg observed over the weekend, "If there was a terror org operating inside the US, how would it look any different then what we're seeing," from today's Republican Party? Good question, Simon. If al-Qaeda or ISIS had helped people obtain weapons to kill thousands of Americans, attempted to overthrow the U.S. Government in an insurrection and threatened to crash the U.S. and world economies, I suspect we'd have been in an actual shooting war with them long ago...

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It's another red alert day on The BradCast today, regarding the precedent crushing plans of our stolen, corrupted and packed Rightwing U.S. Supreme Court majority. They've got two different plans, in fact, for two different ways to overturn decades, if not centuries of critical precedent on federal elections and the power of federal agencies. [Audio link to full show follows below this summary.]

FIRST UP, we begin in the state of North Carolina where, last year, a 4 to 3 Democratic majority on the state's Supreme Court found the GOP-majority state legislature had drawn up new legislative and Congressional district maps that constituted unlawful partisan gerrymanders under the state Constitution. The state court ordered fair maps to be drawn up, resulting in the election of a Congressional delegation in 2022 that had 7 Democrats and 7 Republicans in the very closely divided state.

State Republicans, however, challenged the high court's ruling by filing a case named Moore v. Harper with the U.S. Supreme Court, arguing that an obscure clause in the U.S. Constitution allows state legislatures and only state legislatures to create rules and laws for federal elections. Neither state courts nor constitutions can tell them otherwise, they are arguing.

It's a fringe concept known as the Independent State Legislature theory, which has never been blessed by a majority at SCOTUS. But Republicans are hoping the current, corrupted Republican Court will approve the theory, blocking Governors or Secretaries of State or state Supreme Courts or state constitutions or even voters from setting election laws. We have long warned of the dangers of this case for American elections as we know them. Under this theory, if SCOTUS grants its blessing as many fear [raises hand!], state legislatures could even choose Presidential electors no matter how the state's voters may vote. The U.S. Supreme Court heard Moore v. Harper last December, after we'd spent months setting off sirens to try and let you know about what could happen in that case in advance of next year's 2024 Presidential election.

Last November, however, NC voters elected two new Republicans for their state's high court, giving Republicans a 5 to 2 majority. And, last Friday, after rehearing the exact same gerrymandering case in which they had previously ordered new maps, the new Republican court majority reversed the same court's previous ruling, allowing partisan gerrymanders to return in advance of 2024. The likely result will be a House delegation with 10 Republicans and 4 Democrats. That, even though there had been no changes to the law, and no new facts were presented to the newly GOP-led state Supreme Court. (They also reversed a previous ruling that had restored voting rights to some 55,000 former felons, and a ruling that had blocked a photo ID voting restriction that violated the state's Constitution.)

What does this unprecedented reversal at the NC Supreme Court of a month's old ruling mean for the U.S. Supreme Court's pending ruling in Moore v. Harper? We're joined today to discuss exactly that by DAN VICUÑA, national redistricting manager at Common Cause, plaintiffs in a landmark U.S. Supreme Court case challenging an earlier gerrymandered map in North Carolina following the 2010 U.S. Census.

"I think just the blatant hypocrisy, the clear partisanship, is laid so bare it's hard to see how a decision like this stands" in North Carolina, at least over time, argues Vicuña. But, as to what may happen in Moore v. Harper at SCOTUS, and whether the case will be found moot or the Court will go ahead and issue an opinion anyway, Vicuña would rather get a ruling now than in the next term, when a ruling would come in the middle of the 2024 Presidential election.

"We didn't want this case to be heard in the first place, because the Independent State Legislature theory is, quite frankly, ridiculous," he tells me. "It defies logic, defies legal precedent, defies the intent of the framers of the Constitution. But it was heard. We made our case. We think we won very clearly on the law and the facts, and the history. So getting clarity on the facts well in advance of the 2024 election makes a lot of sense. So we're okay with that, and hope it goes our way."

NEXT UP, more disturbing news today out of SCOTUS. The Court announced on Monday they will take up a case next term that challenges the so-called "Chevron Deference", a landmark ruling from a 1984 case (Chevron v. National Resources Defense Council) which established that experts at federal agencies should be given deference when creating rules and regulations meant to enforce federal laws in which Congress may have been ambiguous regarding certain details.

For example, as Desi Doyen joins us to explain today, the Clean Air Act may grant the EPA a mandate to regulate pollution, but it may not specifically mention which pollutants must be regulated, or how many parts per million constitute unlawful pollution. That's left to experts at the EPA to determine through the rule-making procedures. But Republicans wish to dismantle the ability of federal agencies to make any such rules, granting that authority instead to courts (without expertise) and the industry lobbyists who influence them.

Our corrupted, packed and stolen rightwing SCOTUS now appears ready to "dismantle the administrative state" (as Steve Bannon has long been promising) in a ruling next term that could affect the ability of agencies to create federal regulations regarding everything from the climate crisis to health care to immigration and beyond.

Finally, we finish up with some listener email and phone calls to round out another disturbing hour of The BradCast. Enjoy!...

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As the clock ticked down to the last day to act on Friday, U.S. Supreme Court Justice Samuel Alito issued a temporary administrative stay.

His brief order granted approval, for now, of U.S. Solicitor General Elizabeth Prelogar's compelling 47-page Application [PDF] filed on behalf of the Federal Government, seeking an administrative stay on the entirety of the controversial effort by an activist Donald Trump-appointed judge in Texas who imposed a nationwide ban on the FDA-approved abortion pill, mifepristone.

The temporary administrative hold, keeping the status quo in place only through Wednesday, is meant to allow the full Court time to decide the broader request for a stay from both the Government and a manufacturer of the popular abortion medicine. The Solicitor General asked the Court to issue "a stay pending the consideration and disposition of [the FDA's] appeal to...the Fifth Circuit and, if the Court of Appeal affirms, pending the timely filing of a petition for a writ of certiorari and any further proceedings" before the Supreme Court.

In other words, please keep the status quo not only for the the FDA's science-based original approval issued in 2000 but also for the FDA's scientific decisions, made between 2016 and 2023, to better facilitate availability, distribution and safe use of mifepristone. The Solicitor General has asked for that status quo to remain in place until the U.S. Fifth Circuit Court of Appeals has actually heard full argument in the appeal of the ruling by Judge Mathew Kacsmaryk (the far-right U.S. District Court judge who hears every federal case filed in its Amarillo, TX branch) and then, if needed, throughout any additional appeals made to SCOTUS on the rulings of both lower courts.

While the matter of seeking a temporary stay, pending appeals, will now be decided by the same U.S. Supreme Court, whose right-wing majority, in Dobbs v. Jackson's Women's Health Org., overturned the Court's 50-year old landmark reproductive rights decision in Roe v. Wade last year, Prelogar parried the Court's anti-abortion bias by arguing that the stakes in this case are, by no means, confined to questions only about the approval and use of mifepristone...

We've got two guests on today's BradCast, both attorneys, with a bunch of information that you likely haven't heard elsewhere. [Audio link to full program follows below this summary.]

First up, we're joined by KASSIE SIEGEL, Director and Senior Counsel of the non-profit Center for Biological Diversity's Climate Law Institute, and Climate Director for the Center Action Fund, where she leads campaigns and litigation focused on reducing climate-warming greenhouse gases and other pollution.

Siegel joins us today to discuss the recent passage and signing of a landmark law in California, shepherded through the state legislature last month in a special session called by Democratic Gov. Gavin Newsom. The new measure enacts first-of-its-kind provisions to finally cut the knees out from under Big Oil price gouging in the Golden State. Among other things, the law will create a state oversight board that will offer unprecedented transparency into the pricing processes of major oil companies and refineries in the state and, if necessary, impose penalties for exceeding reasonable profit margins. That, in a state where Big Oil has clocked record profits over the past year or so, even as they falsely claim their exorbitant price hikes for gasoline were due to global supply shortages.

The new law grants subpoena power to the state to, for the first time, open the books of Big Oil, an industry that has, literally, gotten away with murder for decades. Naturally, they fought tooth and nail to stop the law's passage, but state Dems overcame the pushback to adopt a measure that could become a model for other states as well as the federal government. The oversight and regulatory scheme may even pave the way for oversight and regulation of other industries like Health Care and Internet providers.

"One of the things that is so important about this new law is that it directly confronts the Big Oil playbook that we see them carrying out," Siegel explains. "Big Oil knows that its days are numbered and it is a declining industry. It is declining first here in California. But they have a plan to maximize their profits and maximize the damage they do on the way out the door. This new bill, the first of its kind in the country, is a really important part of pushing back on that, and protecting Californians from this destructive industry."

There is much more in my conversation with Siegel, including where the measure falls short and where California residents need to push Newsom to keep going farther still.

Next, we're joined by long-toiling BradBlog.com legal analyst ERNEST A. CANNING on two different abortion-related lawsuits in the news this week. One is last Friday's outrageous ruling by Trump-appointed, far-right Christian activist U.S. District Judge Matthew J. Kacsmaryk in North Texas, nullifying the FDA's 20-year old approval of mifepristone, a drug used in the majority of the nation's abortions.

As Canning warned in a really helpful explainer on all of this back in February, Kacsmaryk was threatening to issue a ruling likely to take the drug off the market in all fifty states, even though, as the Dept. of Justice has now argued in their emergency appeal seeking a stay (as filed this afternoon), the statute of limitations has long expired for a challenge to a drug approved as safe and effective during the Clinton Administration. As Canning wrote in February, and as the DoJ argues today, the challengers actually have no standing and no injury to bring the suit in the first place, as the physicians involved neither prescribe nor use the the drug themselves.

The other case discussed is one that Canning wrote about today, detailing the challenge brought by physicians and Planned Parenthood in Idaho, challenging the state's extreme, near-total abortion ban. The state statute includes no exceptions for the life of the mother or even cases of rape or incest, though it allows someone charged with having carried out an illegal abortion in the state to try and prove those exceptions in court. Otherwise, the law mandates 2 to 5 years in prison for someone convicted of providing an abortion, and the suspension of the medical license of a provider who assists in any way.

But the federal lawsuit Canning reports on today is to none of those point. The complaint is a challenge to the state Attorney General's recent legal analysis declaring that Idaho doctors may have their licenses to practice suspended for merely "assisting" in an abortion by simply informing a patient that they may obtain a legal abortion in a different state. The plaintiffs argue that the restriction violates the U.S. Constitution's First Amendment Free Speech clause, as well as the interstate commerce clause and the 14th Amendment's right to due process.

After decades as a litigator, does Canning still have confidence that the federal judicial system, corrupted by the far-right, will still be able to the right thing in these cases, respecting the precedent of long-established caselaw and the U.S. Constitution itself? Tune in to find out...

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"Abortion is an essential component of women's health care" --- American College of Obstetrics and Gynecology

The remarkable, temporarily-stayed nationwide ban issued last Friday by a far-right, Trump-appointed federal judge on the use of a drug approved by the FDA for medication abortions more than twenty-three years ago, is hardly the only jaw-dropping, radical right-wing assault on medical and reproductive freedoms over the past week. (See our now-updated, detailed coverage from February on that and related cases.)

Threatened with a suspension of their licenses to practice medicine in Idaho if they so much as inform their patients of the availability of lawful abortions in other States, a group of OB/GYNs has now filed a federal lawsuit [PDF] charging a new, near-total state abortion ban, as interpreted by its Republican Attorney General, Raúl Labrador, violates the U.S. Constitution.

The medical professionals, who do not perform in-state abortions, are joined by Planned Parenthood in their suit, filed last week in U.S. District Court.

The suit was triggered by the Gem State AG's recent letter/analysis [PDF] in which Labrador wrote that state law now "prohibits an Idaho medical provider from...referring a woman across state lines to access abortion services." He concluded that informing a patient about the availability of lawful abortions in other States amounts to "assisting" an abortion in violation of Idaho statute. That violation, the AG added, would trigger a suspension of a medical provider's license to practice medicine in the state.

Plaintiffs in Planned Parenthood v Labrador allege Labrador's interpretation of one of the most extreme anti-abortion laws in the nation runs afoul of several Constitutional rights, including their right to free speech. The suit also reveals how Idaho's new application of a "Fugitive Slave Act" mentality appears to violate other provisions of the U.S. Constitution, including the Commerce Clause and the 14th Amendment's Due Process clause...

"Through its extensive proof, Dominion has met its burden of showing there is no genuine issue of material fact as to falsity. Fox therefore had the burden to show an issue of material fact existed in turn. Fox failed to meet its burden," the Judge found, before using italics and all-caps to emphasize the central point. It "is CRYSTAL clear that none of the [Fox] Statements relating to Dominion about the 2020 election are true."

In a no-uncertain terms defeat for Fox, the 130-page Order [PDF] handed down on Friday by Delaware Superior Court Judge Eric M. Davis found, as a matter of law, that the Fox "News" Network (FNN), during its post-election coverage of the 2020 Presidential Election, published four categories of false statements about Dominion Voting Systems. No evidence was presented by the Republican propaganda outlet to counter those material facts.

The court also found, as a matter of law, that Fox' statements amounted to "defamation per se," a finding that establishes that damages are to be presumed in the voting machine company's $1.6 billion dollar lawsuit.

All of the Fox motions for Summary Judgement to dismiss the case were "DENIED" by the court. Dominion's motion for Summary Judgement on Liability were "GRANTED in part and DENIED in part."

Barring a settlement by the parties, the case is now scheduled to proceed to trial in mid-April. Some of Fox' top stars, including Sean Hannity, Tucker Carlson and Maria Bartiromo are believed likely to be called to the stand as witnesses...

Ya know, if their ideas were popular, Republicans wouldn't have to work so hard to undermine democracy, would they? An example or three of that on today's BradCast.

Among today's many stories...

• Cowardly Mike Pence's attempt to avoid testifying about Donald Trump's January 6th insurrection to Special Counsel Jack Smith's grand jury is denied by a federal judge.

• Yet another white Republican in Florida is charged with election fraud. Yet again, he was not arrested at gunpoint on camera and hauled to jail like the people of color who Gov. Ron DeSantis ordered rounded up before last year's election, even though they had no idea they had voted unlawfully. The white Republican voter turned himself in to authorities at his own convenience.

• Our corrupt, stolen and packed rightwing U.S. Supreme Court majority has declined to review a ruling by the state Supreme Court in Kansas which found that intentionally discriminating against minority voters was just fine, after state Republicans gerrymandered Kansas City by cutting it into two different Congressional districts in order to dilute the power of black voters.

• In Arkansas, voters have repeatedly made clear through recent rejections of GOP ballot initiatives, that they really really oppose making it more difficult for citizens to put stuff on statewide ballot initiatives and see it adopted by voters. So now, Republicans in the state legislature, giving the finger to voters, have simply passed a new law to make it virtually impossible for Democrats to place measures on the statewide ballot. AR's new democracy-hating Republican Governor, Sarah Huckabee Sanders, happily signed the measure which, on its face, seems to blatantly violate the state's own Constitution. The League of Women Voters of Arkansas and other fans of democracy are now suing to block what the League's President accurately describes as "an attack on direct democracy."

• The 28-year old shooter in Monday's mass shooting --- the 130th of the year so far --- reportedly purchased SEVEN weapons from five local guns shops in Nashville, Tennessee before using at least two of them to kill three 9-year olds and three adults at a private Christian elementary school. All of that while the assailant was said to have been under a doctor's care for an emotional disorder, according to the Nashville police chief. Seven guns, at least two of them semi-automatic assault weapons, and none of it triggered any red flags to authorities. Nonetheless, Republicans in Congress today, according to media reports, still lack the courage to support any new gun safety laws that might make such massacres less likely or more difficult. They are, as Rep. Ted Lieu (D-CA) correctly noted today, "cowards". AND PLEASE NOTE: This is not a problem with "Congress" or "lawmakers in D.C." The problem is Republicans. Period. They do not want to make it more difficult to murder people, while Democrats do. It's as simple as that. If media outlets are unable to call out Republicans, specifically, for fear of sounding "partisan", they are doing a grave disservice to their readers, viewers, listeners and country.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on the weekend's massive tornado(s) in Mississippi; more flooding in California's unending storms; ongoing deadly drought in Somalia; U.N. warning of water wars; and a new global record for clean, renewable energy production...

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It's always darling when Republicans pretend to oppose "activist judges" who "legislate from the bench." As discussed on today's BradCast, the new Republican majority on North Carolina's Supreme Court is now showing how it's done! [Audio link to full show is posted below this summary.]

We have been warning for some months about the Moore v. Harper case recently heard at the U.S. Supreme Court. The corrupt, stolen and packed far-right Court majority's opinion could finally establish the legitimacy a once-fringe, still-ridiculous Constitutional concept called the Independent State Legislature theory. According to the theory suddenly being pushed hard by Republicans, State Legislatures --- and only State Legislatures (not Governors, Secretaries of State, State Courts, State Constitutions nor even ballot initiatives adopted by voters) --- may create election rules and laws in each state. If a SCOTUS majority agrees with this radical, previously-obscure reading of the Constitution, decades, even centuries, of American election law could be tossed out the window. The theory even holds, according to critics, that state legislatures would simply be able to choose whichever slate of Presidential electors they like, no matter who the state's voters may have chosen.

Moore v. Harper is actually a partisan gerrymandering case out of North Carolina, where its State Supreme Court last year found the new Congressional and legislative maps drawn by the NC Republican legislature to be in violation of the state's Constitution which, they determined, prohibits partisan gerrymandering. In last November's elections, however, two Republicans won their elections for the state's high court, flipping it from a 4 to 3 Dem-leaning majority to a 5 to 2 Republican court.

After the new, rightwing majority was seated last month, they decided to rehear the Moore v. Harper case despite, as the two dissenting Democratic Justices decried, the fact that doing so would be a "radical break with 205 years of history" and that "Nothing has changed since we rendered our opinion in this case" last year.

"The only thing that has changed is the political composition of the Court," wrote Justice Anita Earls. "Now, approximately one month since this shift, the Court has taken an extraordinary action: It is allowing rehearing without justification." Earls called the decision "an affront to the jurisprudence of this State and to the citizens it has sworn an oath to serve ‘impartially,’ ‘without favoritism to anyone or to the State.’"

In addition, the new rightwing state Justices in NC also decided to rehear the challenge to the GOP legislature's Photo ID voting restrictions which the 4 to 3 Democratic majority, just two months ago, struck down, after finding it to have been adopted with a discriminatory purpose to make it harder for minorities to vote, a violation of the state Constitution.

"This is essentially a brazen power grab by the new majority," our guest today, JOSHUA A. DOUGLAS, author and election law professor at the University of Kentucky explains. "To put this power grab in context," he recently wrote at Washington Monthly, "in the past 30 years, the North Carolina Supreme Court had agreed to rehear only two cases out of the 214 requests it had received. ... The court has now doubled the number of rehearing grants in just one reckless day."

"It's unusual for any court to act this quickly and this brazenly," Douglas tells me. "This really is unprecedented for the North Carolina court, but, as far as I'm aware of, courts in general." He goes on to describe the court's behavior as "dangerous", "blatantly partisan", and "politics all the way down."

"This is why it's dangerous to have elected judges with a party label," he argues. "Everyone knows what's going on here. Everyone knows that the court was 4-3 in favor of Democrats, its 5-2 in favor of Republicans now, because Republicans won two of those seats."

"This idea of precedent, that the law builds upon, is being thrown out when we just think of judges as politicians in robes, explicitly. Even if people had thought this was going on before, I think judges themselves felt a little bit cabined by this idea that they're not just politicians in robes and political activists. But that idea is now thrown out the window."

So, what does this now mean for the version of Moore v. Harper currently at the Supreme Court, where it has already been heard? Will it be mooted out by a new decision in NC or will an opinion be issued on the Independent State Legislature theory anyway? If not, Republicans will almost certainly find another case to place the wacko ISL theory before the court. But a new case, Douglas warns, would likely result in a SCOTUS opinion issued smack dab in the middle of the 2024 election cycle, potentially unleashing complete chaos in the bargain.

NEXT UP TODAY, we heard from a lot of listeners following yesterday's call-in program in which I opened up the phone lines primarily to those who disagreed with my position that the U.S. should continue to support sovereign Ukraine's self-defense against Russia, its imperialist aggressor neighbor whose brutal, unlawful invasion began just over one year ago. Democracy v. autocracy is at stake, as I argued yesterday, despite Vladimir Putin's repeated threats to unleash nuclear weapons. We had a number of callers --- sadly, presumably from the Left --- who have been wildly misinformed and disinformed by a number of media outlets that have, for years, been pushing Kremlin propaganda (sometimes knowingly, sometimes not.)

That said, after yesterday's show, I received a ton of comments --- probably 8, 9, or 10 to 1 --- in favor of my position against the bulk of our callers. To be fair, I had invited and prioritized those who disagreed with my position, in hopes of an enlightening discussion/debate on the issues. But, so as to not give the entirely wrong impression of our overall listeners, I thought it helpful to share some of the comments in response to yesterday's show --- the majority of which were supportive of my position on Ukraine --- on air today.

FINALLY, we're joined by Desi Doyen for our latest Green News Report, as "bizarro" weather continues across much of the nation now that we've broken the climate; and as Republicans amusingly begin to discover --- in light of the toxic chemical train derailment in East Palestine, Ohio which Fox "News" has instructed them to be furious about --- that hey, regulations actually protect the public against this sort of thing! Who knew?...

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