If allowed to stand, the reasoning behind U.S. District Court Judge Mark A. Goldsmith's December 7, 2016 decision [PDF] in Stein v. Thomas to halt the Michigan presidential "recount" is flawed, at best. Issued, ironically enough, on the day we commemorate what President Franklin D. Roosevelt described as "a date which will live in infamy", it is by no means an exaggeration to suggest that Judge Goldsmith's reasoning could inflict greater harm on the very foundations of our constitutional form of democracy than that inflicted by the Dec. 7, 1941 attack on Pearl Harbor.

The halt to the "recount" came just two days after Judge Goldsmith issued a temporary restraining order ("TRO") directing the MI Canvassing Board to immediately commence the "recount" and one day after a U.S. Sixth Circuit Court of Appeal decision, upholding that TRO.

Under that 6th Circuit appeals ruling, Judge Goldsmith was obligated to revisit the issue if "the Michigan courts determine that Plaintiffs' recount is improper for any reason." Separately, on Dec. 6, the Michigan state appellate court ruled that, under MI law, only a candidate who has a reasonable chance of winning has a right to initiate a post-election count. But that state court ruling, by three Republican judges, did not justify Judge Goldsmith's decision to halt a "recount" that had been predicated on Dr. Jill Stein's rights under the U.S. Constitution.

As he acknowledged in his original decision, the Green Party Presidential candidate did not base her federal claim on state law. To the contrary, in his initial finding, Goldsmith held that the Plaintiffs had shown a likelihood of success on the merits of their claim that the two-business day waiting period mandated by state law "would likely violate their right to vote under the First and Fourteenth Amendments." Judge Goldsmith, in that first decision, added, "the [federal] right to vote, and to have that vote conducted fairly and counted accurately" [emphasis added] is not merely "fundamental" but serves as "the bedrock of our Nation."

State law, whether directed at the timing of the recount or to the aggrieved status (standing) of the candidate seeking the count, should not be allowed to infringe upon a fundamental right that every citizen has to a verifiably accurate count of their votes.

The truly damaging aspect of the decision to dissolve the TRO lies not in the question of standing but in Judge Goldsmith's upside-down reasoning as to who should bare the burden of establishing the integrity of the vote. That reasoning is directly at odds with the rulings made in two landmark cases in Germany and Austria, to the effect that the need for election integrity and transparency are paramount in any nation that values democracy...

On today's BradCast, Team Trump takes a page from the George W. Bush 2000 playbook by attempting to stop the "recounts" in Wisconsin, Michigan and Pennsylvania, just as his margin over Hillary Clinton plummets in PA. [Audio link to show follows below.]

Over the past 24 hours, Donald Trump or his surrogates have filed multiple legal complaints in three different states in an effort to stop the "recounts" (hand-counts, machine counts and/or forensic analyses of computerized voting and tabulation systems) as lawfully sought by Green Party Presidential nominee Dr. Jill Stein. As the Stein camp noted today, the sudden interest by Team Trump comes as Trump's margin over Hillary Clinton has dropped from about almost 70,000 votes to about 46,000 votes (out of some 6 million tallied) as PA counties finally complete their initial tallies. The Stein camp notes today: "With his margin of victory in the state nearly halved as of last night, and now within 0.2% of triggering an automatic statewide recount, Donald Trump is desperately fighting to stop the recount in Pennsylvania." His attorneys filed a suit [PDF] late Thursday to dismiss her filings in the Keystone State.

He is also attempting, somewhat successfully, to stop hand-counting from moving forward in MI, where he reportedly leads Clinton by just over 10,000 votes out of about 5 million tallied, including more than 75,000 ballots with no vote reported for President at all, many of those cast in or near Detroit. That figure, Stein charges, "is double the number [of undervotes] from 2012." After Trump filed an objection to the "recount" request in MI last night --- claiming that a count would "risk having the Electoral College door knocked off its hinges" and delaying the start of counting for as many as five days --- the state Attorney General Bill Schuette, a Trump supporter, filed a separate complaint [PDF] today on behalf of the state in federal court, seeking to prevent votes from being counted as well. His claim supports Trump's objection filed yesterday and argues that counting ballots is "frivilous" and is meant by Stein to delay final certification of the results. She describes his action as "nothing more than party politics that needlessly delays what should be a routine verification of the democratic process."

In Wisconsin, pro-Trump outfits calling themselves the Great America PAC and the Stop Hillary PAC filed a complaint [PDF] in federal court to immediately stop the counting of ballots, which is now in its second day in the Badger State. That complaint, citing Bush v. Gore from 2000, argues that counting ballots violates the Equal Protection and Due Process clauses of the U.S. Constitution and "may cast an unjustified pall over the election of President-Elect Trump, undermining public confidence in the integrity of the electoral process." Sounds familiar, ironic and, yes, hypocritical.

Just before airtime today, a federal Judge in Wisconsin denied the plaintiffs' motion in that case seeking an immediate restraining order to halt the ongoing counts, but has set a hearing on the matter for December 9th. For her part, Stein, pushing back, has announced a press conference for Monday, December 3, across from Trump Tower in Manhattan.

So, why are Trump and the GOP against verifying election results? We discuss that, the ongoing and not-ironic-at-all fight of the GOP Governor in North Carolina to verify his own election results(!) and much more, including Desi Doyen and her latest Green News Report, on today's BradCast!...

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On today's BradCast, guest hosted by Angie Coiro, we track the battle for a Presidential recount in three contested states. A look into the difference between a 'recount' and an 'audit'. How a disinformation campaign by Russia apparently took over hashtags to push false narratives, generated and distributed fake news, and worked overall to undermine Americans' faith in our democracy.

A quick delve into why Facebook's profits could take a serious ding if the company really went after fake news.

Then Leland Faust, unapologetic free market fan and author of A Capitalist's Lament, looks at the decay of financial industry standards over the past forty years, and demands change --- even while he decries existing regulations as ineffective wastes of time.

Finally, in the spirit of the season, a small list of things to be grateful for --- little glimpses of what America still does right.

Download MP3 or listen online below...

On today's BradCast: Will the 2016 Presidential election be publicly hand-counted (what some call a 'recount')? Should it be? Experts, citing anomalies in the reported results and other concerns, are beginning to say 'yes'. But action would need to be taken --- and a lot of money raised --- by one or more of the Presidential candidates quickly in order for that to happen. [Audio link to full show follows below.]

I haven't been the only one asking questions about the reliability of the reported results of the November 8, 2016 election and whether voters should have confidence in the computer-tallied results. As we've been reporting since Election Day, there are a lot of folks looking at the numbers and asking questions about what actually did --- or didn't --- happen. A number of world class computer science, voting system and election integrity experts are beginning to urge for a public count of the election in a number of key states.

With approximately 100,000 total votes (out of more than 13 million cast), reportedly separating Clinton and Trump in the states of Wisconsin, Michigan and Pennsylvania alone, I can confirm that a number of those experts believe it would be a worthwhile exercise to file for hand-counts to make sure the results are correct. (Remember, just 50,000 votes recorded for Clinton instead of Trump across those three states would mean she, not Trump, becomes the next President of the United States.)

Today we look at just a few of the anomalies that have been widely cited today by some of the nation's top election experts, such as more votes reportedly cast in the Presidential election than the "Total Votes Cast" in a number of Wisconsin counties --- at least according to the counties' initially reported results.

Author and long-time election integrity journalist Steven Rosenfeld of Alternet recently wrote about just some of the concerns being analyzed and noted by experts that both he and I have been speaking with in the days since the election. He joins me to discuss concerns and discrepancies in several states where hand-counted "recounts" could, potentially, flip the results of the Electoral College and the Trump/Clinton election along with it.

"The big point here is we don't really know --- still --- what the actual count is," Rosenfeld tells me. "I, like everybody else, would like to really know what happened. And I can accept the results if I know that they're true and accurate...so let's make sure that people's votes are accurately counted. "

We also discuss the challenges that would be faced by a candidate calling for such a count and the money (lots of it, about $2 million per state) that they would need to raise in a hurry in order to get such a hand-count and a forensic analysis of voting systems and tabulators in the states where experts are saying the effort may be well worth it.

NOTE: Since getting off air, where both Rosenfeld and I needed to talk around the record a bit, Gabriel Sherman at New York magazine offers some details about some of what is going on.

Also today: The effort some activists are making to urge Trump electors to change their vote before casting it in the Electoral College on December 19th.

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On today's BradCast, Donald Trump is well on his way to becoming the most corrupt U.S. President in history. And he's not even in office yet. For that matter, he's not even the officially winner of the election yet, as ballots are still be tallied and we're keeping an eye on three key battleground states (Wisconsin, Michigan and Pennsylvania) where less than 50,000 votes total (out of more than 13 million cast) remain the difference between a President Trump or a President Clinton. We continue to call for full hand-counts in those states and others to determine who actually won them. [Audio link to full show is posted below.]

Then, after Trump agreed to pay $25 million in a massive fraud settlement concerning his 'Trump University' scam late last week, the U.S. corporate media became immediately distracted by a his tweets about Mike Pence being booed at a Broadway play over the weekend.

We discuss today how the media --- and GOP politicians --- would have reacted differently if it was Hillary Clinton who had agreed to pay tens of millions of dollars to settle multiple fraud cases after the election. At the same time, word comes in from the foreign press that Trump has been cashing in since the election, on business deals in India, the Philippines and Argentina, while unconstitutionally receiving payoffs from foreign diplomats via his new Washington D.C. hotel.

So, what explains, if anything, the U.S. media's deferential treatment of Trump? Author Eric Boehlert of Media Matters joins us to discuss the extraordinary disparities between how the media cover Republicans versus Democrats and how they utterly failed the nation in the lead-up to the election.

Also today: Police unleash water cannons and tear gas in North Dakota overnight, against Native American protesters gathered to try and stop the construction of the Dakota Access Pipeline and climate scientists are freaking out (for very good reason) as the Arctic is now an "insane 36 degrees" warmer than usual for this time of year and as global sea ice area is now way lower than it has ever been in recorded history. It is, in fact, off the charts from even previous record low years.

This is all very not good...

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On today's BradCast: In 2000, Republicans used the U.S. Supreme Court to steal the Presidency. In 2016, they used the Presidency to steal the U.S. Supreme Court. So, what, if anything, can be done about it? And, as we also report today, that's not the only Supreme Court Republicans may be about to steal. [Audio link to show is posted below.]

Journalist David Dayen of New Republic, the Fiscal Times and The Intercept, joins us to discuss how President Obama has one last "trump card" to play, if he wishes to block Republicans from out-and-out theft of the nation's highest court, at least for a while. But would Obama do it? Could he do it legally? And would Democrats end up being sorry if he did? We discuss that, whether Democrats will continue to "bring a butter knife to a gunfight", and much more today with Dayen, author of Chain of Title: How Three Ordinary Americans Uncovered Wall Street's Great Foreclosure Fraud..

Also today: Donald Trump buys his way out of multiple 'Trump University' fraud suits by agreeing to pay up $25 million to his victims. He also, reportedly, names southern anti-voting rights racist Sen. Jefferson Beauregard Sessions III (R-AL) as his nominee for U.S. Attorney General, the nation's chief law enforcement official. (That, along with another disturbing new appointment as well.)

Meanwhile, down in North Carolina, where voters appear to have elected a liberal majority to the state Supreme Court and may have rejected their controversial Republican Governor's re-election bid by a slim margin, the Republican-majority state legislature has a scheme to overturn the will of the voters in both the gubernatorial contest and at the NC high court. Because that's how the GOP rolls (and Democrats don't).

Finally, Desi Doyen joins us for the latest Green News Report, with a slim ray or two of optimism, believe it or not, as Sen. Bernie Sanders offers a way for Obama to (permanently?) block the Dakota Access Pipeline from being built, and international U.N. climate negotiators vow to keep reducing greenhouse gas emissions, no matter how Trump plans to undermine efforts to curb global warming...

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Donald Trump has now been declared President-Elect of the United States. The unthinkable has happened. Except that we've been thinking it --- and warning about it --- virtually day in and day out on The BradCast since the moment he descended that escalator to call Mexicans rapists and declare his candidacy in June of 2015.

On today's show [audio link posted below] we look briefly at how voter suppression may have affected the reported results that even the RNC didn't see coming. "For example", as Ari Berman points out, "27,000 votes currently separate Trump and Clinton in Wisconsin, where 300,000 registered voters, according to a federal court, lacked strict forms of voter ID" as now required by state Republicans to vote there at all. "Voter turnout in Wisconsin was at its lowest levels in 20 years and decreased 13 percent in Milwaukee, where 70 percent of the state’s African-American population lives," he adds. Oh, and there is the also the non-transparent voting machines and tabulators that may have effected the stunning reported results --- as we have also been warning for years.

Then, we open the phone lines to a lot of callers on this very grim day, to ask who and what they blame or credit for what happened on Tuesday. Was it racism? Sexism? Xenophobia? Third-Party voters or candidates? The Constitution and its electoral college scheme? Citizens who didn't bother to vote at all? FBI Director James Comey? Wikileaks? The corporate media? The independent media? The pollsters? The voter suppression? The voting machines? The candidate (Hillary Clinton)? The Democratic Party for putting its thumb on the scale against Bernie Sanders? The Republican Party for not doing more to keep its party from becoming the party of Donald Trump? Something else I haven't thought of?

Listeners ring in with many thoughts on all of the above, as we all go through this national nightmare together...

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According to a Los Angeles Times "Debate scorecard," the opening segment of last week's third and final Presidential debate, concerning the respective nominees plans for appointments to the U.S. Supreme Court, was a "draw."

Three of the paper's pundits each proffered what at best could be described as a superficial one-paragraph explanation for their verdict: It was a "draw" because 1) an ordinarily unhinged Trump was "calm" and "sedate," and 2) by describing what they would look for in a nominee to SCOTUS, both candidates had appealed to their respective conservative Republican and liberal Democratic bases.

The "Debate scorecard" presents a classic example of what Bill Moyers derides as the "charade of fair and balanced --- by which two opposing people offer competing opinions with a host who assumes the viewer will arrive at the truth by splitting the difference" --- an unacceptable "substitute for independent analysis." Combined with the "draw" assessment, this form of irresponsible punditry lends itself to the false equivalency separately offered by FiveThirtyEight's Oliver Roeder, who suggested that both candidates were "promising an extreme candidate" to fill the vacancy left by the death of the late Supreme Court Justice Antonin Scalia.

In truth, the differences between the two Presidential nominees are profound. They represents the difference between oligarchy (Trump) and democracy (Clinton). Trump's preference for a judiciary that would protect the privileged few at the expense of the vast majority of ordinary Americans is both extreme and unpopular. Clinton's egalitarian criteria for judicial nominations is immensely popular and decidedly mainstream. There is nothing "extreme" about a jurist who is committed to the words that appear above the entrance to the U.S. Supreme Court: "Equal Justice Under Law."

What is especially troubling is that media pundits have erected a false equivalency on an issue of vital importance to the American electorate. Outside of global climate change, which threatens the very survival of humanity, the issue of what could turn out to be as many as three lifetime appointments to the Supreme Court over the next four years is amongst the most monumental that voters will face on Nov. 8. As we previously reported the fate of democracy itself is at stake.

Roeder and the three L.A. Times pundits would have understood that if they had bothered to either consult constitutional scholars or specific issue polls before erecting their false equivalency in their respective debate analyses...

On today's BradCast: Will Hillary Clinton's apparent lead in national polling and turnout to date translate into a Democratic majority in the U.S. Senate? Poll watchers and analysts, at least Democratic leaning ones, seem to think so. For now. But just barely. [Audio link for show posted below.]

More early voting numbers in several states continue to suggest a potentially banner year for Democrats. In addition to those new indicators today, Hillary Clinton's poll numbers continue to rise, even as Donald Trump argued over the weekend that all the polls are "phony", not to be believed, and are meant to do little more than suppress the vote. (Though someone may want to let his own campaign manager know about that.)

But, will the hints of success for the Clinton campaign translate into Democrats taking back control of the U.S. Senate? David Jarman, editor of Daily Kos Elections, joins me to explain what the polls currently suggest about the likelihood of a Senate majority for Dems, the races in 9 states that he believes will determine that balance and, specifically, the 3 states he believes will ultimately be the tipping points for control of the upper chamber of Congress over the next two years.

While Daily Kos is a website meant to support Democrats, Jarman explains the roll of the analysts at Daily Kos Elections: "We're sort of the quantitative side of Daily Kos, but we also do more qualitative analysis of where we feel the chances are in the Senate and the House, looking at it race by race, doing the sort of old-fashioned scouting approach of 'this is a toss-up, this is lean-Democratic', that kind of thing. We also compile a lot of the data that eludes other people, about where the ad dollars are going, what the topics of ads are, every poll, we collect those in our daily digest."

Jarman and I also discuss, among other things, how and if things like voter suppression are included in his predictions; how large a majority Democrats would need in order to be able to bypass some of the more conservative/corporatist members of its caucus; whether Democrats could also retake a majority in the U.S. House, and some serious havoc that may occur for House Speaker Ryan even in the likelihood that they don't; and, also, some of the gubernatorial races that may end up going "blue" this year as well.

Finally, Bernie Sanders responds to Wikileaks' release of emails from Clinton staffers painting him in a less than favorable light, and Donald Trump says that he has plans to rethink freedom of the press, as defined by the Constitution's First Amendment, should he become the next President.

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The insane 2016 Presidential campaign took a decidedly dark turn on Sunday night. We cover all of that darkness and more on today's BradCast. [Link to audio posted below.]

After a weekend of seeming implosion by the GOP nominee and the Republican Party on the heels of the release of a 2005 'hot mic' video tape in which Donald Trump is seen and heard lewdly boasting about sexually assaulting married women and others, he lashed out at Hillary and Bill Clinton on Sunday night, with a press conference (of sorts) featuring women allegedly assaulted by the former President during the 80s and 90s.

All of that and more came up during the 2nd Presidential Debate held on Sunday night at Washington University in St. Louis, Missouri. I'm joined on today's show for coverage, analysis and insight on what is almost certainly one of the darkest chapters in modern U.S. Presidential political history by former CNN journalist and communications strategist Jacki Schechner and progressive policy advocate Dave Johnson, Senior Fellow at People's Action (formerly: Campaign for America's Future.)

"I feel like there's this feeling of that old story of the frog that's getting warmer and warmer and warmer. Well, we're boiling. And everybody is suddenly noticing that the water's boiling right now," Johnson says in response to my question about how America and the Republican Party have arrived at this point (which I'm more than happy to blame, in no small part, on the corporate media and its decades long failure to report what has been going on in our politics over the last several Presidential Administrations as anything much more than both-sides-do-it politics-as-usual). "This has been coming for a long time. Donald Trump is the Republican Party right now. He's nothing more than the manifestation of something that's been building up and building up, and now we're at a reckoning point," he says.

Schechner notes: "While we think, in the moment, that, 'this will be the straw that breaks the camel's back', the camel gets up again on Monday morning and keeps on trotting. I don't know if it's because of the nature of where we are societally, or if it's just that we've gotten so disgusted with politics, that we're so deep in the mud we can't even see where the mud begins, but we're totally desensitized to where this has gone and where the Republican Party has taken us."

As we struggle to try and make sense of Sunday's debate, Trump's behavior, and where all of this can possibly go from here, Schechner observes: "Trump has been this person his whole life. The Republican Party broke him, they bought him. Clinton herself is a flawed candidate, [but] she's not a sociopath. The problem is that she has to figure out a way to combat him and not get down in the dirt with him, and at the same time mitigate the damage that exists, based on her own somewhat flawed political past."

Yeesh. Lots to talk about and lots to cover on today's BradCast...

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Following a recent court-approved agreement entered between the state of Texas and challengers to its unlawful Photo ID voting restriction, the plaintiffs are now back in court after state Republicans, including the state's Attorney General, appear to be skirting the remedies they had previously agreed to.

Both the U.S. Department of Justice (DoJ) and the private plaintiffs in Veasey v. Abbott are now seeking emergency relief to prevent the state from utilizing a deceptive scheme that plaintiffs believe will serve to intimidate and disenfranchise voters despite the court-ordered remedies agreed to by all parties just weeks ago.

The remedies, which promised to restore voting rights to hundreds of thousands of Texans this November, were an encouraging sign for voting rights advocates. The outlook for the Presidential Election was suddenly much brighter for Lone Star State voters. At least until now.

Two separate motions, one filed by the DoJ and the other by the private Veasey plaintiffs, allege that Texas Republicans, including the state's Attorney General Ken Paxton, have resorted to deception and intimidation in what appears to be a bad faith effort to prevent or at least discourage those who lack state-approved photo IDs from casting a regular vote on November 8. Both motions seek emergency relief from the District Court, but stop short of what may be an appropriate request that the AG be ordered to show cause as to why he should not be held in contempt of court...

Despite being found a violation of the federal Voting Rights Act by multiple federal courts reviewing several challenges to Wisconsin's Republican-enacted Photo ID voting restriction, the law will stay in place this November, as per a new federal court ruling issued Friday. The court's reasoning is based on an assurance by the state that free Photo IDs will be made more readily available and easier to obtain than they have been in the past.

Late last week, by way of a unanimous decision [PDF], the full U.S. Seventh Circuit Court of Appeal denied competing appeals and cross appeals filed in the two cases challenging Wisconsin's restrictive voting law.

Earlier this month, the plaintiffs in these two cases, Frank v. Walker and One Wisconsin Institute v.Thompsen, sought emergency relief from the full 7th Circuit because it appeared, based on a decision by a conservative three-judge 7th Circuit panel, that nearly ten percent of Wisconsin's electorate was at risk of disenfranchisement via the Republican-enacted statute.

However, as the full court noted in its Friday decision, subsequent to the filing of those emergency petitions, the state of Wisconsin assured the court that it "has enacted a rule that requires the Division of Motor Vehicles ('DMV') to mail automatically a free photo ID to anyone who comes to DMV one time and initiates the free ID process." The court added:

The ruling did not sit well with ACLU senior staff attorney Sean Young, who, pointing to Wisconsin's failed record over the past five years to "get IDs into the hands of voters who need them," said "there's no reason to believe that the state's latest eleventh-hour 'emergency' procedures will work any better than its past failed policies"...

This week, in yet another setback for GOP voter suppression efforts, the U.S. 6th Circuit Court of Appeal upheld a District Court preliminary injunction that prevented Michigan Republicans from eliminating "straight-party" voting in the Great Lake State. It did so because it found that the plaintiffs in Michigan State Randolph Inst. v. Johnson would likely prevail in their contention that the MI GOP's elimination of straight-party voting violated both the Equal Protection Clause of the 14th Amendment to the U.S. Constitution and Section 2 of the Voting Rights Act (VRA).

"Straight-party voting," the appellate panel explained, "allows a voter to vote for all candidates of their desired political party by making a single mark designating the selection of that political party, rather than voting for each partisan candidate individually."

The court does not suggest that all states must make it available. In fact, many states have never made that form of voting available to their respective electorates. But, the court observed, "straight-party voting has...been available to Michigan citizens for an uninterrupted period of 125 years" --- from 1891 - 2016.

Straight-party voting in Michigan is so popular that voters twice rejected efforts to eliminate it via the referendum process --- first in 1964 and again in 2001. And while, overall, half of the MI electorate takes advantage of the straight-ticket option, this swift and efficient alternative to selecting individual candidates from a long-list of offices on a ballot has been disproportionately relied upon by African-Americans ("67% in 2012, and 73.5% in 2014"), the 6th Circuit panel observed.

However, with their own ability to retain power at stake in 2016 --- especially after the scandalous poisoning of Flint's drinking water --- Michigan Republicans were not inclined to permit either efficiency or popularity to stand in the way...

North Carolina has now filed a last gasp attempt with the U.S. Supreme Court to keep a racially discriminatory voter suppression law in place for the November general election. The state's Hail Mary --- or, perhaps, Hail Justice Roberts --- emergency petition is unlikely to succeed.

As we reported late last month, in a sweeping victory for voting rights on July 29, a unanimous panel of the U.S. 4th Circuit Court of Appeal struck down North Carolina's massive voter suppression law --- described as the nation's worst since the Jim Crow era. In a stinging rebuke, the court found the statute's provisions were enacted by state Republicans with "racially discriminatory intent" that "target[ed] African-Americans with almost surgical precision."

On August 4, that same 4th Circuit panel summarily denied NC's request for a stay of the injunction placed on the discriminatory law enacted by state Republicans in 2013 just after the U.S. Supreme Court had gutted the section of the federal Voting Rights Act that likely would have blocked most of the statute's provisions from ever being implemented in the first place.

In their rejected request for a stay at the 4th Circuit, NC relied primarily on the "Purcell principle" --- the Supreme Court's recently-adopted general notion that changes to election laws, for good or ill, should not be ordered too close to an election due to the risk of chaos and uncertainty the late changes might cause at the polls. NC's claim that there was insufficient time to implement the change mandated by the court's injunction was inconsistent with the assurance state officials provided during oral argument that they "would be able to comply with any order [the 4th Circuit panel] issued by late July." In citing that previous assurance, the 4th Circuit also noted: "the balance of equities heavily weighs against recalling the mandate or granting a stay. Voters disenfranchised by a law enacted with discriminatory intent suffer irreparable harm far greater than any potential harm to the State."

This past Monday, August 15 --- some seventeen (17) days after the 4th Circuit handed down its landmark decision striking down the state's law --- the state filed an Emergency Application to stay the injunction with the U.S. Supreme Court. In a pleading drafted by Paul Clement, who served as the U.S. Solicitor General during the Bush administration, the stay was requested on the basis of the (previously rejected) Purcell principle and because "the 4th Circuit's decision," according to Clement, "renders every [photo ID law in the nation] vulnerable to invalidation as purposefully discriminatory."

Emergency petitions from North Carolina are assigned to Chief Justice John Roberts. However, it is likely that Roberts will assign it to the full Court, where the votes of five (5) of the court's eight current Justices would be needed to grant the stay. As explained by U.C. Irvine Law Professor Rick Hasen, it is "unlikely" that NC will convince five Justices to do so...

The plaintiffs in One Wisconsin Institute v. Thomsen, one of several long-running court challenges to Wisconsin Republicans' strict Photo ID voting restriction, have filed an emergency petition with the full en banc U.S. 7th Circuit Court of Appeal, asking that it overturn its previous photo ID decision in Frank v. Walker.

The still pending Frank case as well as the One Wisconsin challenge have, to say the least, undergone a circuitous recent history in a number of federal courts that oversee Badger State election law.

In April 2014, after a lengthy trial, U.S. District Court Judge Lynn Adelman struck down and permanently enjoined Wisconsin's photo ID law after finding it in violation of both the 14th Amendment to the U.S. Constitution as well as the Voting Rights Act (VRA).

Republicans in control of the state naturally appealed that detailed and blistering ruling. The federal appeal was assigned to an all-Republican three-judge 7th Circuit panel, headed by Judge Frank H. Easterbrook. Easterbrook is a member of the radical right wing Robert Bork-founded, Koch Brothers-funded "Federalist Society". The ensuing decision to reinstate Wisconsin's photo ID law, despite Adelman's meticulous ruling in the lower court, was so extraordinarily partisan, factually deficient, riddled with errors and legally flawed that it prompted the ordinarily staid U.C. Irvine election law Prof. Rick Hasen to tweet: "I rarely just rant in my blog posts. But Judge Easterbrook caused me to blow a gasket."

Other members of the 7th Circuit were so troubled by Easterbrook's flawed opinion that they took the unusual move of granting a rehearing en banc on their own motion. Because of prior refusals by Congressional Republicans to fill a vacancy on the 7th Circuit with an Obama nominee, at that time of the court's motion there were only ten (10) jurists serving on the full 7th Circuit --- as opposed to the allotted eleven (11) judges. The ensuing 5-5 en banc ruling --- now referred to as Frank I --- left Easterbrook's horribly flawed ruling in place, effectively disenfranchising nearly 10% of Wisconsin's electorate who did not possess or have easy access to the very specific types of Photo ID now required by state Republicans to cast a vote. .

Last April, however, after a disastrous Presidential primary in Wisconsin, where, most visibly, student voters were forced into hours long lines on Election Day in hopes of obtaining a state approved photo ID that would allow them to vote under the GOP law, the Easterbrook panel handed down a decision that appeared designed to ameliorate the widespread disenfranchisement. The ruling --- now referred to as Frank II --- suggested that disenfranchised voters who lack the ability "to obtain a qualifying photo ID with reasonable effort" should be permitted to cast a regular ballot nonetheless.

On July 19, 2016, in what was thought to be compliant with the Frank II directive, the District Court issued a remedial injunction that mandated Wisconsin afford the right to cast a regular ballot to "those who cannot with reasonable effort obtain a qualifying ID", so long as they signed an affidavit to that effect at the polling place. Many, like The Nation's Ari Berman, celebrated, believing that the voting rights of Wisconsin's disenfranchised electorate had finally been restored.

That celebration, it now appears, proved both premature and an underestimate of the level partisan duplicity on the part of the three "radicals in robes" on the Easterbrook 7th Circuit panel...