If you had "Hurricane in Southern California" on your Climate Crisis 2023 Bingo card, please come on up to accept your prize. Details on that on today's BradCast, along with a whole bunch of other stuff we've had to set aside of late, thanks to the now 91 criminal felony charges being faced by our corrupt and disgraced former President. [Audio link to full show follows this summary.]

Among the stories covered today that (largely) have nothing to do with felony indictments...

• Hurricane Hilary spins up suddenly off the coast of Mexico and is now gaining strength amid an El Nino. The storm is said to be heading north to make what could be an "exceedingly rare" landfall over the next few days somewhere here in Southern California or along the Baja Peninsula before moving up and into Arizona --- if you believe scientists who are experts in this sort of thing.

• The gerrymandered Republican state legislature in North Carolina on Wednesday overrode vetoes by Democratic Gov. Roy Cooper to enact new laws that are unspeakable cruel to, among others, transgender children. If you are unaware, we explain exactly why these types of laws --- now adopted by 22 GOP-controlled states (though being challenged in court in most of them) --- are so awful and cruel. That is, unless you are a Republican, like those who stole control of the NC legislature, who believe Big Government should intercede between doctors and patients and that so-called "parental rights" should also be overruled by Big Government autocratic fiat.

• Speaking of autocracy, gerrymanders and Big Government Republicans now dictating to small, local government and voters...the morally and ethically broken GOP-controlled state legislature in Texas has recently passed a law to oust the chief election official in Harris County (Houston) --- and only in Harris County --- just months before upcoming municipal elections in the state's largest and most Democratic-leaning County. A state judge this week found the new law in violation of the Lone Star State's constitution. But, just hours later, the state put that ruling on hold by appealing it to the TX Supreme Court (all Republican). The November elections are now just weeks away and, unless something changes quickly, will apparently be run by the Harris County Tax Assessor-Collector who has zero experience running elections and had nothing to do with the months-long planning for the one where early voting is set to begin next month.

• In far more encouraging news about autocracy, gerrymandering and, in this case, democracy, we head to the great state of Wisconsin. On August 1, Justice Janet Protasiewicz became the state Supreme Court's newest member after being elected earlier this year. Her landslide (for Wisconsin) 11-point victory in April means that liberals now hold a majority on the state's High Court for the first time in about 15 years. On August 2, a group of petitioners filed with the state Supremes to not only force new, fair legislative maps for the state's House and Senate for the first time in more than a decade, but also for emergency elections next year for all members of the state Senate, many of whom will not otherwise face reelection until 2026 despite occupying seats that petitioners argue are held only thanks to the GOP's unconstitutional partisan gerrymanders. BRAD BLOG legal analyst Ernie Canning wrote about this challenge to the state's illicit, entrenched legislative majorities this week and the potentially very good news it represents for Badger State voters. Just after airtime today, however, he updated his article with...well, some more good news but also...some troubling news about the gerrymandered GOP's new scheme to undermine democracy, the rule of law, the state constitution and state voters with impeachment proceedings against Protasiewicz in hopes of stealing back the Court to hold onto their entrenched, corrupt state legislative majorities. (See Ernie's UPDATE today on that story for more details.)

• Then, a bit of listener mail in response to my apparently controversial suggestions of late that Donald Trump may very well not be on the general election ballot by November of next year.

• And, finally, Desi Doyen has our latest Green News Report with updates on the horrific fires on Maui and in Canada, but some very encouraging news about President Biden and the Democrats' landmark climate law, signed one year ago this week, which is already resulting in a clean energy manufacturing, construction and jobs boom in the U.S. --- and even overseas!...

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It was a great day for democracy in Ohio on Tuesday. And how often do we get to say that on The BradCast? [Audio link to full show follows below this summary.]

But first, it's not a great day for our friends in Maui, Hawaii, where windswept wildfires have leveled homes and businesses and a historic town; killed at least six and injured dozens so far; and sent some residents fleeing into the ocean to avoid the flames. That, as wind gusts above 60 mph --- part of Hurricane Dora passing about 500 miles safely to the south --- kept firefighting helicopters out of the sky, while climate change-fueled dry conditions and non-native, non-drought tolerant plant species (brought there by humans) went up like torches. Sending our best wishes to our listeners at our affiliate station, KAKU 88.5FM, "The Voice of Maui"! Please drop us a line when you can to let us know how you're doing!

Moving on from that terrible news, to much better news out of Ohio last night, where democracy was literally on the ballot. The Buckeye State GOP's anti-democracy constitutional amendment, known as Issue 1 on Tuesday's special election ballot, went down to huge defeat by some 13 points --- 57% to 43% --- according to the latest unconfirmed tallies. The measure, which could have passed with a simple majority, would have changed the state constitution to require 60% voter approval for all future constitutional amendments. As it turns out, voters don't like voting their own democracy away.

As Ohio's Sec. of State Frank LaRose was eventually caught on tape admitting to supporters --- after claiming for months it had nothing to do with abortion --- the measure was "100% about abortion". It was meant to preempt a citizen-led ballot initiative set for this November that will codify reproductive freedoms into the constitution of the otherwise right-leaning and wildly gerrymandered state.

We spend some time today explaining what happened, why it happened, and just how extraordinarily corrupt and hypocritical the measure's lead proponent, LaRose, actually is, as he hopes to become the state's GOP nominee to square off with Ohio's Democratic U.S. Senator Sherrod Brown next year. Good luck after Tuesday's $20 million, anti-democracy boondoggle, Frank!

But what happened in Ohio on Tuesday is reverberating throughout the nation today and will, almost certainly, continue to reverberate into next year's 2024 general election. It is also giving hope to a lot of otherwise "deep red" states, proving again that their citizenry can also successfully push back against GOP forces of hypocrisy, anti-democracy and pro-autocracy. Even in states like "deep red" Alabama.

We're joined today by ROBIN MARTY, Operations Director at the West Alabama Women's Center, and the prescient author of 2019's The New Handbook for a Post-Roe America and The End of Roe v. Wade: Inside the Right's Plan to Destroy Legal Abortion.

Marty, as you might guess, is elated about the great news out of Ohio. "Of course, I am very excited about it," she says, before adding: "I'm not surprised, though. This is yet another in a series of wins for abortion rights when it is put up to a statewide vote." Indeed, every time a measure even tangentially related to reproductive rights has appeared on a statewide ballot since the corrupt U.S. Supreme Court overturned Roe v. Wade last year, reproductive freedoms have ultimately won. That is true in both "red" and "blue" states alike.

But Marty also shares just some of the authoritarian horror still playing out in her own home state where abortion has now been banned entirely by state Republicans, and where her West Alabama Women's Center still offers much-needed healthcare for woman...but may no longer provide them with abortion services.

Most incredibly, as Marty tells details today, the medical professionals at her clinic are not even allowed, by law, to tell patients where they might go --- which states or clinics --- to receive lawful abortion care elsewhere. That, she says, could result in felony charges and up to 99 years in prison. In fact, she wasn't even certain she could tell me about that on air!

"The moment it became illegal in our state, not only did we have to stop every bit of abortion care that we were doing in the clinic," she explains, "our Attorney General made statements saying that, in his opinion, he believed that providing a person with information about how they could access abortion care somewhere else would, in fact, constitute a criminal conspiracy. And people could be arrested over that."

The center has just filed suit against the state A.G., hoping to win back their free speech rights. As the ACLU describes the case, the lawsuit was last month "in federal court to prevent Alabama Attorney General Steve Marshall and district attorneys throughout the state from prosecuting those who assist Alabamians seeking to travel across state lines to access abortion care where abortion is legal. Attorney General Marshall has explicitly threatened that health care providers could face felony charges for assisting Alabamians seeking to travel out of state to obtain abortion where it is legal."

The health care providers are fighting the law adopted by the very same hypocritical GOP lawmakers who pretended to be "outraged" about "Big Government coming between a patient and their doctor" during the passage of ObamaCare in 2010. And the very same ones who, today, are pretending to be "outraged" about Trump being prosecuted for "nothing more than exercising his Free Speech rights!" (that's not why he is being prosecuted) and pretending to be concerned that social media sites are "censoring" rightwing opinions.

Marty has a lot to say on all of these topics, so I hope you'll tune in for today's very lively conversation with her!...

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We not only cover a whole bunch of news stories on today's BradCast, we also explain what they mean and why they matter. As always, we want you to not only know what happened, but understand why it did and what can be done about it, so you can pass that important information on to others. [Audio link to full program follows this summary.]

Among the many stories both reported and explained on today's program...

• Film and TV actors of SAG-AFTRA join the Writers Guild of America (WGA) in going on strike against producers in hopes of proper payment and residuals for streaming services and AI usage, among other appropriate demands.

• We take another quick spin through my new favorite website --- FoxWeather.com --- where they report on all of the catastrophic effects of climate change now devastating much of the planet, but because Fox hates its duped readers and viewers so much, they never even once explain why all of these disasters are now happening. (Hint for Fox "News" dupes, if I'm lucky enough that you stopped by: It's the climate change, stupid, as caused by the burning of fossil fuels.)

• The Biden FDA approves the first ever over-the-counter birth control pill. Happily, this should be bring the abortion rate way down. So, rightwingers will be delighted with this news, right?

• Dumb GOP megadonors in Illinois lose their ill-considered fight to prevent the use of clean, electric leaf blowers on their 22-acre estate. But it's a win for their neighbors and for the rest of us. (And even for them, whether they too dumb to know it or not!)

• A state court orders New York to redraw U.S. House maps before the 2024 elections. That alone could end up flipping the House back to Democratic control next year, after the GOP flipped four NY seats from "blue" to "red" last year, after the state court blocked an attempted Democratic gerrymander. It's complicated.

• Great news for North Carolina residents! After Republicans on the corrupted U.S. Supreme Court recently blocked Affirmative Action for college admissions at the University of North Carolina (and everywhere else in the bargain), the school has announced it will be offering FREE tuition to many in-state students "as part of their continued effort to boost diversity".

• Late last month, the corrupt rightwing SCOTUS majority used their recently invented-from-whole-cloth "Major Questions Doctrine" to block the Biden Administration from using the specific text of the federal HEROES Act to forgive up to $20,000 in student loans to borrowers. The President has announced a new plan to use a different law to accomplish even broader forgiveness, though it will take a bit more time than his initial plan. In the meantime, beginning next month, a newly restructured repayment plan for loans will allow millions to pay just $0 a month (you read that right) without seeing any interest added. Their entire loan may then be considered as paid in full after 10 years. We break down the key details of the new plan and how Republicans are already attempting to undermine it, because they hate people who aren't millionaires or billionaires.

• Finally, it's our latest disturbing Green News Report with Desi Doyen here to drive you crazy as the summer of climate catastrophes continue. Among our coverage: another major insurer flees Florida; California works out a deal with manufacturers to phase out polluting big rigs; and the U.S. becomes the blackout capital of the world, thanks to the many failures of natural gas...

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It's been too long, but we're delighted to have one of our favorite guests back on today's BradCast! [Audio link to full show is posted below this summary.]

But first, in a rare, one day only special session of the State Legislature called by Iowa's Republican Gov. Kim Reynolds on Tuesday, GOP lawmakers in the Hawkeye State hastily adopted a ban on almost all abortions after six weeks of pregnancy, before most know they are even pregnant.

Reynolds had the temerity to declare that "the voices of Iowans and their democratically elected representatives cannot be ignored any longer." That, despite recent state polling finding that 61% of voters in Iowa support legal abortion in all or most cases, with just 35% saying it should be banned.

Well, the "elected representatives" have now been heard --- Reynolds plans to sign the measure on Friday, when it will immediately take effect --- but the voices of Iowans certainly haven't. The new law was passed with only Republican votes. It allows limited exceptions after 6 weeks in some cases of rape, incest and certain medical emergencies. A lawsuit by proponents of reproductive freedom was filed today. We explain the details and the news that former Vice President and current 2024 GOP candidate for President, Mike Pence, is both calling for a similar ban at the federal level and believes abortion should be banned even when a pregnancy is not viable and doctors have determined a baby cannot survive outside of the womb. (None of the other 2024 GOP candidates has been willing to say they disagree with Pence.)

That cruelty, unfortunately, is now par for the course in the Republican Party, and is reflected in similar legislative bans on reproductive freedoms now in at least 17 states just one year after the corrupted, far-right U.S. Supreme Court activist majority overturned Roe v. Wade's 50 years of Constitutional reproductive freedoms.

Rulings made by SCOTUS this year, sadly, are no less radical, even as several of them issued at term's end last month have been cited by some in the media to suggest that Chief Justice John Roberts has somewhat "moderated" the most extreme positions of the Court. That would be inaccurate, but exactly what Roberts had hoped for.

We're joined today by the great MARK JOSEPH STERN, legal journalist at Slate to discuss a number of those decisions, and what has now emerged as Roberts' neat trick to hoax the media into regarding him and some of the opinions issued by the Court this year as "moderate".

In short, as Stern details today, Roberts is essentially manipulating the Court's docket --- by determining which cases to hear and which ones not to --- in order to make SCOTUS' end-of-term opinions appear less extreme, overall, than they actually are.

"They have consistently taken up these cases that sort of seem designed to terrify liberals. Then, when the case comes down in a way that's not the end of the world, they get good headlines," he explains.

"The Court really shouldn't have been hearing a lot of these cases in the first place. So, by deciding them in a so-called 'liberal way', they create this image of balance and moderation that's not really deserved," he argues. "There's no better example of that than the Independent State Legislature case [Moore v. Harper]. There was absolutely no reason for the Supreme Court to intervene, and yet it reached down and grabbed that case. And, by deciding it in a somewhat moderate way --- although Roberts left the door open for mischief, as he so often does --- the Court got great headlines as being so moderate and thoughtful."

"That is a trick that the Chief Justice is very good at playing on the media. But it's not one I think we should fall for, given how obvious it is and how many decisions that he really cares about [that] end up coming out so far to the right over and over again."

"We pretend as though these cases emerged out of nowhere, when in reality, the Court is building a very careful story, using each individual case to try to show something about the Court that it thinks will appeal to the public." But that doesn't reveal the full story, Stern argues. "The 'liberal victories' simply leave the law as it was, without making any changes. Whereas the conservative victories radically overhaul the law in ways that were unimaginable just five or six years ago. That's also something that I think is very difficult to explain to people who don't watch the Court closely, but becomes blazingly obvious once you apply a little bit of scrutiny to how this Court operates."

And now, it's all making much more sense.

We saw that neat trick play out once again this year, as the stolen, packed and corrupted far-right majority, at terms end, ultimately reverted to form to overturn decades-old precedents regarding race-based Affirmative Action in college admissions (though not other Affirmative Actions, for example, legacy admissions and those for the kids of high ticket donors); the Court expanded newly discovered Constitutional "religious freedoms" to allow web page designers (and, actually, any other business) to discriminate against LGBTQ+ customers based on imaginary --- in fact, wholly fraudulent --- grievances; they picked up on last year's Judicial Activism by further restricting the EPA's ability to meet mandates of landmark laws passed by Congress, in this year's case, the Clean Water Act; and, they determined that while forgiving millions of dollar in loans to so-called small businesses and cutting taxes for billionaires was just fine, forgiving $10,000 to student loan borrowers during a national emergency --- in specific accordance with the original text of federal law --- was a bridge too far for a President of the United States...or, at least for the current President of the United States. (The Court showed no such "conservatism" when Donald Trump used the same exact law to "modify or waive" conditions for the same student loans.)

As bad as all of those decisions were, I had specific questions about one of them that sort of seems to give away the game for this far-right Court, with six Republican-appointed Justices now more than happy to legislate from the bench after years of their party pretending to be against that sort of thing.

As it turns out, the case I had questions about --- the one I saw as the most alarming and worst ruling of the term --- is one that Stern felt the same about. It's the one in which the Court relies on a made-up-out-of-whole-cloth, completely subjective test they now refer to as the "Major Questions Doctrine" whenever they don't have a legitimate reason to block an Executive Branch action, even when it's based on the specific text of a law they may not like.

"Justice Kagan has called this a 'get-out-of-text-free card,'" Stern tells me. "This is not a legitimate tool of statutory interpretation, because it means that the Court can set aside what the actual words of the law say, and just apply their own opinion, under this very thin guise of trying to uphold Congress' will." Last year they cited this pretend "doctrine" to say the EPA couldn't regulate carbon emissions under the Clean Air Act, despite the specific text of the law, because it was just too much of a "Major Question" that Congress had to speak to in more specific language somehow. This year, they used it to block President Biden from forgiving certain student loans amid the COVID pandemic, as specifically allowed by the HEROES Act.

"When you're dealing with the federal government, every policy is going to be major," Stern argues. "Every policy is going to affect as many as 300 million Americans. Every policy is going to have a fiscal impact of more than billions of dollars. So this is really just an excuse, in every single case, for the Court to ignore the law that Congress has passed, perversely while claiming to uphold Congress' wishes."

We discuss that and much more today, including which upcoming cases most concern him on the docket for the Court's next term. Should we freak out about them? Or are they also now just part of Robert's insidious manipulation to be sure to have a few cases on which the Court's rightwingers can appear to be far less radical than they actually are?...

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Welp, it was another slow news weekend [insert eyes-rolling emoji here]. But we try to come up with something to cover on today's BradCast nonetheless. [Audio link to full show is posted below this summary.]

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

• Extreme weather and warnings of same walloping much of the nation today, as two weeks of historic triple digit temperatures in Texas spread to other states, resulting in major storms, deadly tornadoes, widespread power outages and cancelled flights from Arizona through the mid-west up into New England and down to the Carolinas and Florida. But if you hear about these seemingly ever-worsening nightmares from some major U.S. outlets --- like Fox "News" (and even ABC, etc.) --- you may hear absolutely nothing about the man-made climate change that is fueling our intensifying global crisis.

• On Friday, Politico finally covered the story that we broke on this show six weeks ago about how Georgia Sec. of State Brad Raffensperger says he will not be installing urgently recommended security upgrades to its horribly vulnerable Dominion voting systems until after the 2024 Presidential election in the critical battleground state. We covered that news exclusively here in mid-May. Politico covered it here on Friday. And my tweet pointing both out was throttled by Twitter over the weekend so that it's nearly impossible to find without a direct link. That is here. (More, hopefully, on this issue tomorrow!)

• Speaking of Georgia, a federal judge has ordered Rudy Giuliani to pay the legal fees for the two Atlanta election workers --- Shaye Moss and her elderly mother Ruby Freeman --- who are suing him for defamation after he (and Trump, and the rest of the MAGA crew) falsely accused them of committing fraud in the ballot tabulation room during the 2020 Presidential election.

• Curiously enough, the far-right, wildly corrupted U.S. Supreme Court keeps making not terrible rulings at the end of this year's term. Today, a challenge to a ruling on a case out of Louisiana, where a federal court mandated an additional black majority U.S. House district, was rejected. The case will be sent back to a lower court. If the lower court rules as SCOTUS did a few weeks ago --- when they stunned the world by upholding the Voting Rights Act and requiring another black majority House district in Alabama --- today's decision could be very good news for those that care about voting rights, the Constitution, and equal representation for all.

• Also today, SCOTUS allowed several lawsuits against Ohio State University to proceed, after it was discovered the school had, for years, protected a serial sexual abuser who served as a team doctor for years. This is probably not good news for OSU's former wrestling coach and serial denier Rep. Jim Jordan (R-OH).

• The lower courts are holding as well, for now. Last week, a federal judge permanently overturned Arkansas' unspeakably cruel ban on gender-affirming medical care for transgender kids, and a federal judge in Florida temporarily blocked Gov. Ron DeSantis' anti-freedom crusade to ban minors from attending drag shows. Amusingly, one of the reasons the judge blocked the new law was because it was in conflict with DeSantis' so-called "Parents Bill of Rights" legislation adopted in 2021.

• Finally today, before opening the phones to listeners, we discuss the bizarre story of whatever the hell happened over the weekend in Russia where, for about 24 hours or so, civil war nearly broke out. That, as Yevgeny Prigozhin, formerly a close ally of Vladimir Putin and commander of the mercenary Wagner Group (arguably Russia's best fighting force in Ukraine), declared Russia's justification for attacking Ukraine --- to demilitarize and de-Nazify the sovereign nation --- to be a lie. Wagner's march toward Moscow, however, ended as quickly as it began, with Putin theoretically granting Prigozhin safe harbor in Belarus, even if both his future and those of the troops in the Wagner brigade remain uncertain at this hour. We open the phones with what is left of today's show to discuss what the hell is going on and where both Russia and Putin's fortunes may be heading from here...

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Last week, a U.S. District Court judge in the Southern District of Florida issued an important preliminary injunction [PDF] to a cruel state measure blocking medical treatment for transgender kids.

Relying upon medical science and a U.S. 8th Circuit Court of Appeal decision handed-down last year, Judge Robert Hinkle temporarily enjoined provisions of a Republican-engineered state statute and rules issued by state medical boards to enforce it, which make it a crime and grounds for terminating a license to practice medicine, for physicians who furnish minors (under 18) with gender-affirming care.

In his 44-page ruling, Judge Hinkle found that the plaintiffs (adolescent transgender children and their parents) were likely to succeed in their claims that the state's new restriction on gender-affirming care violates the Due Process and Equal Protection Clauses of the 14th Amendment to the U.S. Constitution. Allowing the law to take effect, he explained, was likely to cause "irreparable harm" to the child plaintiffs...

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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We've got lots of dupes and lots of dopes on today's BradCast. You'll have to figure out which is which. [Audio link to full show follows this summary.]

Among our stories today...

• House Speaker Kevin McCarthy has introduced a 320-page proposal [PDF] of cuts to the federal budget that he suggests Republicans must have in exchange for not blowing up the nation's economy for less than a year. The cuts being demanded in order for a vote to raise the nation's borrowing limit to pay for what we've already committed to spending and avoid a first-ever U.S. government default, include taking away food stamps from more than 4 million hungry Americans, and federal health insurance from more than 2 million poor and disabled people. He's also demanding another $130 billion dollars of cuts in social programs for Americans next year alone, though he doesn't say which programs. The White House believes it would most likely include deep cuts to "education, veterans medical care, cancer research, meals on wheels, food safety and law enforcement.” McCarthy's dead-on-arrival debt limit proposal --- if he's even able to get his own party to pass it in the House --- would also increase the deficit (which Republicans pretend to care about) by nearly $200 billion in cuts to IRS enforcement. But that will keep more money in the pockets of corporations and the wealthy, so there's that.

• Perhaps most disturbingly of all, McCarthy is calling for cuts to much of the $400 billion in climate initiatives to clean the air and fight global warming over the next decade, as adopted by Democrats in last year's Inflation Reduction Act. If I was one of McCarthy's constituents in Bakersfield, California, I'd be particularly pissed off about that, given this year's "State of the Air" report from the American Lung Association, released on the same day as McCarthy's debt ceiling bill. If I lived in Bakersfield, I might wonder why my own Congressman wants to kill me? The new report finds McCarthy's home town at the very top of two of the Lung Association's lists...but not the good ones. Bakersfield is the #1 most polluted city in the nation, as ranked by both short-term and year-round particle pollution. On the other hand, it's only the third worst in the nation when it comes to ozone pollution. Why does Kevin McCarthy want to slash climate programs and further harm his own constituents?!

• Some of these folks may be both dupes and dopes. Back in 2021, bedding impresario and 2020 election liar Mike Lindell promised to reveal iron-clad evidence that China helped steal the Presidential election from the former guy. Lindell declared he had data, from a whistleblower or something, proving that they had done so, somehow, via the Internet. He offered a $5 million challenge at a three-day "cyber symposium" in South Dakota that year to anyone who could "Prove Mike Wrong" by showing that the data packets he claimed revealed evidence of Chinese interference of the election didn't actually prove as much. Well, some guy, a Trump voter named Robert Zeidman, did exactly that, according to an arbitration panel who was called in after Lindell refused to pay up. The panel found that Zeidman proved the so-called "packet captures" included little more than jibberish and had nothing to do with the 2020 election. Now Lindell has 30 days to pay up, though he says he's going to court instead. It's all quite hilarious, in truth. But it may just be an appetizer for the $1.3 billion defamation suit [PDF] still pending against him by the Dominion Voting Systems company.

• Of course, Lindell wasn't the only one to screw himself over at that "cyber symposium" in SD. That's where Colorado's former Mesa County Clerk Tina Peters was speaking on stage when sensitive Dominion Voting System software from her own county was leaked to the public over the Internet. Peters was later charged by CO with 7 felonies and 3 misdemeanors related to her alleged scheme to sneak into the secure voting system room in her county with accomplices late at night, as they turned off the security cameras to make unlawful copies of the election tabulation software. Her trial on those state charges comes later this year, but last month Peters was found guilty of obstructing a law enforcement investigation related to one of her accomplices. Last week she was sentenced to 4 months of home detention and 120 hours of community service. The penalties she is likely to face for breaching the County's voting system software is likely to be much much worse if she's found guilty.

• Finally, Desi Doyen joins us for our latest Green News Report, with more on Speaker McCarthy's attempt to gut landmark climate initiatives at the expense of humanity; record deadly heat in Asia; Trump-appointed judges gutting Berkley, CA's attempt to fight climate change; and a landmark approval for clean electricity transmission across several western states...

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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...

We'll just have to keep saying it on The BradCast: Republicans are pro-murder and anti-democracy. It's just that simple. And we've got too much more evidence of that today. [Audio link to full show follows this summary.]

First up, the fallout continues following Monday's school shooting in Nashville, Tennessee, where three 9-year olds and three adults were killed by an AR-15 wielding shooter at a private Christian elementary school. The U.S. Congressman representing the district where The Covenant School is located is Republican Congressman Andy Ogles.

Last year, Ogles sent out Christmas cards featuring himself, his wife and his children in front of a Christmas tree, proudly posing with their AR-15 style assault rifles. Since the shooting in his district, he has apparently taken down his social media posting of the festive card. A reporter from Sky News confronted him this week to try and learn why he hadn't taken it down previously, after other similar massacres, and why he seems to favor guns and murder over the lives of children and their right to be safe at school.

Jon Stewart, earlier this month, also had a related conversation with a Republican state lawmaker in Oklahoma by the name of Nathan Dahm. The GOP state Senator has authored bills to loosen restrictions on firearms and apparently believes that drag shows that may be seen by children must be banned, because "the government does have a responsibility to protect" them. But, as Stewart points out, Dahm appears to have no similar concerns about protecting kids from being murdered with guns, which is now the leading cause of death for U.S. children and teens.

In a similar vein, Big Government Republicans in Kentucky's legislature today voted to override the veto of Democratic Governor Andy Beshear, to enact a law that will ban health care for trans kids and mandate that doctors begin "detransitioning" children currently on puberty blockers and hormones, despite the alarming rate of suicide by such kids. The bill also bars all discussion of sexual orientation and gender identify in schools for students of any age, as the Nanny State Republican party continues to pretend they favor free speech.

Meanwhile, this is an election year in Virginia, where the entire state legislature comes up for reelection in odd-numbered years and where the commonwealth's 1902 constitutional provision created to prevent black people from voting remains in place. The measure in question allows VA's Governor to decide, on any criteria they may like, whether or not to re-enfranchise former felons.

Under processes enacted first by former Republican Gov. Bob McDonnell and then broadly expanded and automated by subsequent Democratic Governors Terry McCauliffe and Ralph Northam, the voting rights for hundreds of thousands of Virginians were restored. But, since taking office last year, VA's new, so-called "moderate" Republican Gov. Glenn Youngkin has re-enfranchised almost nobody. Moreover, his office has finally informed state lawmakers that he will be using a secret process to personally decide, on a case-by-case basis, who will and won't be allowed to vote.

We're joined today by voting rights, criminalization and justice reporter ALEX BURNESS, staff writer at the progressive Bolts Magazine. He has been reporting on Youngkin's appalling, anti-democracy policy, and how it is harming those who are simply hoping to return to civil society after imprisonment in Virginia.

"We still don't know what the criteria is going to be, but it is clarifying in the sense that the policy is 'I'm going to do whatever I want and, at least for the moment, I'm not going to tell you what that means,'" Burness tells me, adding that the commonwealth's constitution mandates the Governor "literally has the power to make up criteria, based on whether you own a dog or a cat, or anything."

Burness explains why Democrats in the state have yet to pass a constitutional amendment to change this absurd, Jim Crow relic, despite the heartbreaking stories from so many who have served their time and simply want to have their rights as citizens fully restored. "This is one of a million reasons why Virginia's upcoming elections matter. Particularly with what Youngkin has done now, there is some renewed passion by folks to settle this once and for all and not leave it up to the whims of the Governor," says Burness.

The pathetic vote suppression by Youngkin comes on the heels of Minnesota's Democratic Governor signing a law this month to re-enfranchise some 55,000 citizens of voting age who are no longer incarcerated, whether they are on parole or probation or not; New Mexico's Democratic Governor signing a similar law that will restore voting rights to about 11,000 New Mexicans; and a recently advanced measure by Democratic lawmakers in Oregon to allow voting even for those still in prison, akin to the rights afforded to the incarcerated in Maine, Vermont and Washington D.C.

Finally today, more voter suppression is enacted by Arkansas' new Republican Gov. Sarah Huckabee Sanders. Yesterday, we detailed her newly signed law adopted by Republican state lawmakers that will make it much much harder for Democrats to place citizen initiatives on the statewide ballot. (Even though the statute appears to be a violation of the state constitution.) Today, the American Democracy Minute's Brian Beihl details three other new bills recently signed by Huckabee Sanders to make absentee voting much more difficult in the state...

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Weird. It's almost as if Republicans say one thing but do the exact opposite or something. Especially when it comes to freedom, the First Amendment, personal responsibility, parental rights, Big Government regulations, activist judges legislating from the bench, and...well, tune in to today's BradCast for much more. [Audio link to full show follows below.]

Among the stories helping to highlight all of that today...

• Wingnut children's book author Bethany Mandel made herself famous this week. Not in a good way...but in an hilarious way, as the GOP's silly and desperate Anti-"Woke" Chronicles continue.

• In their ongoing Anti-Freedom Crusade, Republicans have now figured out how to gerrymander the federal judiciary. Following a four-hour hearing this week in a federal courtroom in Texas, Trump-appointed, far-right, anti-abortion activist U.S. District Judge Matthew Kacsmaryk appears on the precipice of legislating from the bench to nullify the FDA by banning the abortion drug mifepristone. The medication was approved by the FDA for use more than 20 years ago and has proven to be incredibly safe and effective ever since. It is used in more than half of the abortions in the U.S. But, as Ernie Canning detailed last month, Kacsmaryk shouldn't even be hearing this unprecedented challenge. It should be tossed out entirely for numerous legal reasons that he helps explain, including lack of legal standing and statute of limitations. Nonetheless, the lawsuit filed by foes of reproductive rights comes after Sam Alito, Brett Kavanaugh and the rest of the corrupted rightwing SCOTUS majority told us just last year, when overturning Roe v. Wade, that they were doing so in order to "return the issue of abortion to the people’s elected representatives." Kacsmaryk may be many things, including "arguably the worst judge in the United States." But he is definitely not an elected representative of the people.

• In news of still more rightwing hypocrisy and lies this week, it turns out that Florida is not "where woke goes to die," as Gov. Ron DeSantis likes to sputter. Actually, it's where freedom, the First Amendment and parental rights, among other things, go to die. This week, the state's Dept. of Business and Professional Regulation filed to revoke the Hyatt Regency Miami's liquor license. Their crime? The venue featured the popular Drag Queen Christmas show last year, allowing entrance by those under 18 if they were accompanied by an adult to see the show featuring stars from RuPaul's Drag Race program on VH-1 and MTV. Parents in Florida now have Big Government to co-parent with them, apparently, thanks to the Presidential ambitions of their hypocritical book banning, First Amendment hating Governor.

• CNN reports exclusively today that "At least two dozen people --- from Mar-a-Lago resort staff to members of Donald Trump’s inner circle at the Florida estate --- have been subpoenaed to testify to a federal grand jury that’s investigating the former president’s handling of classified documents." That, as part of Special Counsel's Jack Smith's federal probe.

• The Atlanta Journal Constitution has a much more explosive exclusive today, however, as based on their interview of five members of the Special Grand Jury in Fulton County, Georgia who, after eight months investigating Trump's conspiracy to steal the 2020 election in the state, unanimously recommended criminal charges for more than a dozen people to Fulton County District Attorney Fani Willis. There's a whole bunch of fascinating details in AJC's detailed report. But the biggest bombshell likely comes at the very end, when one of the jurors tells the paper: "A lot’s gonna come out sooner or later...And it’s gonna be massive. It's gonna be massive." 👀

• Finally, Desi Doyen has our latest Green News Report, with some good news on "forever chemicals", some accountability for the Norfolk Southern rail company and, believe it or not, some very good news regarding renewable energy in Texas. What?! Yes, Texas!...

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We've just about arrived at the point where the corrupt, stolen and packed rightwing U.S. Supreme Court almost isn't even trying to hide their corruption anymore. And, yes, as discussed today on The BradCast, that includes the Chief Justice. [Audio link to full show is posted below this summary.]

First up, Lori Lightfoot, the first black female and openly gay Mayor of Chicago was reportedly knocked out of contention in her reelection bid on Tuesday. It is the first time in 40 years that an incumbent Mayor was unseated. (The last one was the city's first female Mayor.) Paul Vallas and Brandon Johnson will go on to compete in the run-off set for April 4. Vallas is a "tough on crime" candidate vowing to add hundreds of police to the streets of the nation's third-largest city. He is supported by the police union, the Fraternal Order of Police, whose leader defended January 6 insurrectionists and equated Lightfoot's vaccine mandate for city workers to the Holocaust. Johnson, an African-American supported by the teachers union and progressive organizations, has called for more money to be spent not on police, but for mental health care, education, jobs and affordable housing.

Next, we're joined by DAVID DAYEN, progressive financial journalist, author and Executive Editor of The American Prospect to discuss Tuesday's oral arguments at SCOTUS on two different challenges --- both largely absurd --- to President Biden's student loan forgiveness program. But for being blocked by Republican-appointed lower court federal judges, the plan would forgive up to $20,000 for federal student loan borrowers making less than $125,000/year under the authority of the HEROES Act. The 2003 law, adopted by Congress and signed by the President in the wake of 9/11, grants authority to the Education Secretary to "waive or modify any statutory or regulatory provision" regarding student loan programs in the event of a national emergency.

Despite the legal authority granted by the clear language of the text, Republican lower court judges have blocked the program to date, and the corrupt rightwing Justices at SCOTUS seemed to be working hard to do the same during the 3-and-a-half hour hearing at the high court on Tuesday, according to Dayen. The Biden Administration, as he explains, has invoked the very same legal authority from the HEROES Act to "waive" student loan payments as the Trump Administration used to pause them during the pandemic. Of course, neither Trump's authority to do so, nor its authority to issue hundreds of billions of dollars in forgivable PPP loans to small businesses during the crisis, was challenged in court --- or saw its "fairness" questioned --- by Republican litigants. Low income student loan borrowers, however, are apparently a different matter.

There are two different sets of GOP plaintiffs challenging Biden's plan. One (Biden v. Nebraska) is a group of six Republican-controlled states (Missouri, Nebraska, Iowa, Arkansas, Kansas and South Carolina) and the other (Dept. of Education v. Brown) is two individuals who failed to qualify for student loan forgiveness. It seems that neither group of plaintiffs should have legal standing to sue at all in these cases, as neither seems to be able to demonstrate any real harm or injury. If these cases are to be tossed, it will likely be on those grounds. But, the Court's rightwingers sure did seem to want to block this program during Tuesday's hearing, citing the absurd and wholly-made-up, found-nowhere-in-the-Constitution "Major Questions Doctrine" as just one way to do so.

Dayen details the entire fiasco for us today. The Court will issue its opinion no later than June or July as hundreds of billions in financial relief for those need it most hangs in the balance.

Also discussed with Dayen today: The high court has decided to hear a case on whether the funding mechanism for the Consumer Finance Protection Bureau (CFPB) --- the brainchild of Elizabeth Warren during the Obama Administration following the 2008 financial crisis as the only federal watchdog agency focused mainly on consumers --- is unconstitutional. "If you believe it is," quips Dayen, "then you believe that not only numerous other agencies in the federal government have unconstitutional funding structures, but things like Social Security and Medicare are unconstitutional." A similar funding mechanism has been used for decades, without challenge, by the FDIC, the FDA, the Federal Reserve and many others.

Dayen describes the ruling that the CFPB's entire funding mechanism is unconstitutional as coming from the "deeply radical" 5th U.S. Circuit Court of Appeals. He seems to be hoping that SCOTUS has decided to hear this case next term (which begins in October) in order to reverse or, at least clarify, the lower court's ruling. We'll see if he's right about that.

Finally, we discuss drug-maker Eli Lilly's announcement today that the company plans to lower the cost for insulin, after President Biden and the Democrats' Inflation Reduction Act, adopted last year, capped expenses for the drug at $35/month for federally insured patients, such as those on Medicare. Also, we discuss today's announcement of the nomination of Julie Su as Biden's new Labor Secretary to replace the departing Marty Walsh. As Dayen reports, the clever appointment of Su, a California progressive, will place her in charge of the Department whether her nomination is blocked in the Senate or not...

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The nationwide right to terminate a pregnancy with medication is now at stake in three pending federal lawsuits. One, in Texas, has been filed by abortion opponents. Another has been filed in West Virginia by a manufacturer of one of the drugs used to terminate a pregnancy, after state lawmakers have attempted to ban its use in the state. The third is a complaint from a physician in North Carolina where her ability to prescribe the drug may now be in peril.

The outcome of these three cases may ultimately succeed in protecting nationwide access to abortion rights even in states where Republican lawmakers have attempted to ban all such freedoms.

That said, while unlikely, it's also possible that one of these three cases could result in the elimination of the right to medical abortion in all 50 states...