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IN TODAY'S RADIO REPORT: Biden EPA opens civil rights probe into Jackson, MS' water crisis; Big insurance companies begin to back away from Big Oil: PLUS: BMW to build massive E.V. battery plant in U.S. --- Republicans who voted against incentives take credit... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Only 5 percent of plastic waste generated by US last year was recycled, report says; Secret files suggest chemical giant feared weedkiller’s link to Parkinson’s disease; Russia is destroying water/power infrastructure in Ukraine; Utilities sticking with fossil fuels despite climate pledges; How coal producers legally dodge cleanup obligations; Will new UK PM Sunak rebuild green agenda torn up by Truss?; More than half of bird species in the U.S. are in decline; Deforestation slowed last year, but not enough to meet climate goals; New European pipelines are hydrogen ready... PLUS: Inside the fantastical, pragmatic quest to make "hybrid" meat.... and much, MUCH more! ...

Today on The BradCast, some help for voters in California trying to make sense of some of those confusing propositions on this year's midterm ballot, and some new worries for the entire nation when it comes to the GOP's vow to destroy the so-called "administrative state". [Audio link to full show is posted below this summary.]

We're joined today by DAVID DAYEN, investigative financial journalist, Executive Editor of The American Prospect and author of (most recently), Monopolized: Life in the Age of Corporate Power. We've got quite a bit to discuss with him today.

First, ride-share companies Lyft and Uber scammed California voters two years ago with the landslide passage of Prop 22, which the companies spent nearly $250 million to put on the ballot and misrepresent to voters. They claimed that their workers in the state should not be treated as employees under CA law --- with all the benefits that come with it --- but as a new type of independent contractor. The companies told voters that, under Prop 22, their drivers would make at least 20% above minimum wage (currently $15/hour in the state) and would receive other increased benefits for healthcare, etc.

Now, two years in, it turns out that Uber and Lyft drivers in CA are averaging just $6.20/hour. Dayen explains how that can possibly be, adding: "When you allow a corporation to set the terms of employment and to opt out of, in this case, the state system that governs employment arrangements, they're probably going to take advantage of it for their devices. And that's exactly what happened here."

This year, Lyft is supporting another CA ballot initiative, Prop 30, that would tax millionaires to help subsidize elective vehicles for their drivers and to fund CA firefighting efforts. The state's Democratic Party seems to believe them. The state's Democratic Governor Gavin Newsom, on the other hand, doesn't. What explains that? We try to figure it out.

But, more importantly, Dayen argues the entire matter is symptomatic of what he now sees as CA's "failed experiment with direct democracy" in its ballot initiative process. Can it be reformed to make it work for the people as intended? Or has it been irreversibly taken over by corporate interests who have learned how to purchase their interests into state law?

Also today, Dayen breaks down last week's stunning ruling by a three-judge panel on the hard-right 5th Circuit Court of Appeals (all three were Trump appointees), finding that the way Congress chose to fund the Consumer Financial Protection Bureau (CFPB) is, somehow, unconstitutional. The CFPB was created during the Obama Administration to protect consumers after the 2008 global banking crisis and subsequent Great Recession. It was the brainchild of Elizabeth Warren before she became a Senator. The Bureau is the only federal agency built and devoted specifically to protecting consumers, as opposed to corporations.

As Dayen explains, the court's ruling, if allowed to stand, would not only make the CFPB go away entirely (long a goal of Republicans), but also hundreds of regulations and consumer protections that the Bureau oversees. Moreover, if the judges are right about the funding mechanism for CFPB being unconstitutional, well then so is the funding for dozens of other critical federal agencies and programs!

"The logic of the 5th Circuit's ruling is that all of those other agencies [including the FDA] are also unconstitutional," says Dayen. "There are also a number of mandatory spending items in America that are not funded through the appropriations process. Social Security, Medicare, Medicaid, food stamps. The logic of the 5th Circuit's ruling is that all those things are all unconstitutional."

In addition to "this ruling defunding the police --- the consumer protection police" in a case brought by the rapacious payday lending industry, he details how this is the very definition of the GOP's years-long vow to "destroy the administrative state". In this case, as Dayen argues, there are also a bunch of protections for big banks that would be wiped out as well unless the ruling is overturned. So, maybe that little glitch will --- ironically enough --- help to save the CFPB.

One more matter we touch on with the author of Monopolized: Life in the Age of Corporate Power, the recently announced takeover of Albertsons by Kroger, which already owns Ralph's, Food For less, and many others as the nation's largest grocery store conglomerate. Albertsons is the second largest. They own Vons, Safeway and many others. In short, Kroger's takeover, if it goes through, would result in one company owning --- and having near monopolistic pricing power over --- more than 60% of the nation's grocery stores. As you might imagine, Dayen has a few warnings about this "very, very disturbing merger," but adds that he's pretty sure that Biden's Federal Trade Commission (FTC) "is going to take a healthy look at it."

Finally today, one more thought on one more initiative on this November's CA ballot, one which is likely to spread like a deadly virus to much of the rest of the country if successful here. Prop 31 would ban the sale of flavored e-juice for vaping and e-cigs in the state. The disingenuous claim by supporters is that flavors --- like the one that I used, espresso, to finally successfully quit smoking --- are attractive to kids. Prop 31 proponents argue this ban on flavored vape juice is needed to keep kids from vaping. But the fact is that kids are already banned from buying these products in CA! Instead, the ban would serve only to kill actual smokers by preventing them from switching to vaping, which scientists universally find to be far safer than smoking. More details in support of "NO" on CA's Prop 31 --- a maddening and deadly scam --- on today's BradCast...

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I was a long time Bernie Sanders supporter. I still am. As an attorney and Vietnam veteran I even served as a Senior Adviser to Vets for Bernie during his 2016 campaign. I also supported Sen. Sanders during the 2020 primaries. That was then. This is 2022.

President Biden was not engaging in hyperbole when he recently warned the nation that "democracy will be on the ballot" this November.

I recently underscored his message with my coverage of the amicus brief to SCOTUS from all 50 State Supreme Court Chief Justices warning in no uncertain terms against the dangers of the "fringe", so-called "Independent State Legislature" (ISL) theory, soon to be decided by the High Court. The case, Moore v. Harper, was brought to the Court via North Carolina Republicans seeking to override their own state Supreme Court regarding partisan gerrymandering. The theory they are using to do so echoes the radical interpretation of the U.S. Constitution's Elections Clause as advanced by disgraced former law professor, John Eastman, during his attempt to help Donald Trump steal the 2020 Presidential election.

Irrespective of whether it comes by way of a violent insurrection or via judicial fiat handed down from the U.S. Supreme Court's "radicals in robes", American democracy may soon be all but lost absent a massive turnout for the midterms by everyone who desires to save it.

If a SCOTUS majority embraces the ISL theory, it could lead to a circumstance where MAGA Republican State legislatures can not only rig all future U.S. House elections via partisan gerrymandering, voter suppression and intimidation but also present what the Brennan Center described as a "nightmare scenario" in which a partisan, gerrymandered State legislature "would invoke [the ISL] as a pretext to refuse to certify the results of a presidential election and instead select its own slate of electors." In other words, under the ISL theory a partisan gerrymandered State Legislature, and not the People, would hold the ultimate power to "elect" all future Presidents. Neither gubernatorial vetoes, nor state voters nor state Constitutions nor state Supreme Courts would be able to overrule them.

Where MAGA Republicans proponents of the ISL theory offer an absurd bastardization of the Constitution's Elections Clause as a ticket to undermine democracy, most legal scholars regard the same Clause as providing a means by which democracy can be saved...

We've spent quite a bit of time of late on The BradCast discussing what could happen if Democrats are able to hold their majority in the U.S. House this year and pick up two more seats in the Senate. Codifying privacy rights and reproductive freedoms into federal law; passage of the much-needed Freedom to Vote Act; expansion of the corrupted U.S. Supreme Court to un-corrupt it. That all become possible in such an event, just to cite a few of the most pressing issues. But what happens if they don't? [Audio link to today's full show follows this summary.]

We've noted that it remains an uphill battle for Democrats to hold their majorities in either chamber of Congress this year, much less expand one of them. So, what happens if Republicans win a majority in one or both?

In short, it would be very very bad for a host of reasons, including for democracy itself. But TPM's Kate Riga detailed just some of the political nightmares that are likely to occur, as Republicans have revealed in their own words. From endless Congressional investigations of nonsense (think "Benghazi on steroids") to pointless culture war legislation that would be vetoed by President Biden even if it somehow overcame a Senate filibuster, to impotent efforts to impeach the President and various members of his Cabinet...for something or other.

But, even without majorities in both chambers, Republicans can wreak extraordinary damage to both the U.S. and global economies simply by re-upping their 2011 "Tea Party" scheme to hold the nation (and world) hostage to any number of demands in exchange for raising the dumb debt ceiling next year. ("Dumb", because it's absurd that the U.S. even has such a statute requiring Congressional permission to borrow money to pay for stuff that has already been purchased with Congressional and Presidential authority. Also "dumb" because Republicans only use it as a dangerous bargaining chip when a Democrat is in the White House. Despite blowing up the deficit by trillions during the Trump Administration, the debt limit was raised three times by Congress with nary a peep.)

As Riga and others have reported this week, Rep. Kevin McCarthy, the GOP's presumptive House Speaker if they take back a majority, has signaled that his party intends to hold cuts to Medicare and Social Security among hostages in exchange for agreeing to lift the debt ceiling. That, in the words of our guest today, would be "catastrophic" on several levels.

We're joined today by Congressional historian, political scientist and author NORM ORNSTEIN, who has been covering Congress for nearly 50 years via the conservative American Enterprise Institute, where he is a Senior Fellow Emeritus and now as contributing editor and columnist for The Atlantic.

Last week at The Atlantic, Ornstein warned that it's not just "democracy at stake this fall", as he asked "how far would a Republican majority go?" in undermining the U.S. economy in advance of the 2024 Presidential election. He recounts the first real use of the debt ceiling as a blunt political instrument to wreak havoc on U.S. policy and the economy along with it by the "Tea Party" back in 2011. While a last minute compromise at the time avoided a first-ever default of the U.S. government and the inability to pay its debts, the brinkmanship and hostage-taking cost the economy billions. Our credit rating was downgraded for the first time ever and the Dow plunged some 2,000 points.

But Ornstein is now more worried about what may happen next year if the GOP wins a House majority. As he explains today, "back in 2011, there were grownups in the room who kept it from getting out of control." Today, however "we're in a different world."

"In the past," he tells me, citing Donald Trump as an "accelerant" for GOP "dysfunction," "we still had what we could think of as a political party, even as it began to go downhill. But now it's a full-blown cult. The willingness of new members coming in, joining with a lot of radical members who will be returning to blow the whole thing up, the lack of interest in fundamental institutions or in the need to be responsible at governance is astonishing."

"I have never, in fifty-plus years of being immersed in the institution, seen a weaker or more pathetic leader than Kevin McCarthy," he says. "The idea that he would stop them from mayhem is, at this point, not believable."

"Other than that the fact that these are radicals dominating the party, they can't pass legislation on their own. They can't impeach and convict and remove from office the officials they would want to, including the President and the Attorney General and Sec. of Homeland Security, among many others."

But, as Ornstein adds, they will have "the power for the purse" with which they can cause extraordinary damage both here and around the world. He details both the chaos and what Democrats can do to try and preempt it during the Lame Duck period after the November midterms in the event that Republicans win back a majority in one or both chambers.

"The best thing to do is to do as every other country does and eliminate this ridiculous device [the debt ceiling]," but, since Dems can't do that on their own via reconciliation, they could invoke "the ironically named McConnell Rule" through reconciliation to stave off the threat of GOP debt ceiling brinkmanship that could result in a first-ever financial default by the nation. Tune in for an explanation of that ironically named rule and much more on all of this today.

Or, of course, Americans could simply reelect Democrats to majorities in both chambers and avoid the guaranteed nightmares that lie ahead with GOP control of either, now that they have wasted away into little more than a radical, extremist, "full-blown cult."

Finally, we close today with a fascinating spy story, of sorts, regarding retiring, eight-term Sen. Patrick Leahy (D-VT) and the U.S. intel agencies during the lead-up to the Iraq War (which he voted against), based on false evidence of WMDs hyped by the Bush/Cheney Administration...

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Democratic voters, it seems, are an easily spooked bunch. A few bad polls and some seem ready to all but throw in the towel on the November midterms. But now is not the time for that sort of thinking. As discussed on today's BradCast, there is simply too much at stake this year --- Constitutional freedoms, democracy itself, survival on Planet Earth, just to name a few --- to get sidetracked by despair. To paraphrase Obama, don't boo-hoo! Vote! (And make sure everyone else you know does the same!) [Audio link to full show follows this summary.]

It was always gonna be an uphill fight this year. It still is. But it makes no sense to wallow. It does make sense to get to work. As President Biden correctly noted this afternoon, "Today we face an inflection point, one of those moments that only come around every several generations where there's so much change happening --- technologically, politically, and socially --- that the decisions we make now are going to determine the future of our nation and the future of your generation for the next 30 or more years."

With all of that in mind, these are among the stories covered on today's program...

• Breaking just before airtime: Special Counsel John Durham --- tapped by Donald Trump and Bill Barr to investigate the investigators who investigated Russia's interference in the 2016 election --- is now 0 for 2 in Court. Igor Danchenko, said to have been a primary source for the so-called "Steel dossier", was charged in Durham's probe with five counts of lying to the FBI. He was acquitted today by a jury on all charges. He was the second to be indicted by Durham and then fully exonerated at trial. Even more humiliating for Durham: he personally handled most of the argument and questioning in court and reportedly ended up being rebuffed by his own witnesses who provided support for the defense. Worse, Danchenko, a Russian citizen living in the U.S., was reportedly "a treasured FBI informant" whose indictment "hurt U.S. national security."

• Last week we detailed the five U.S. Senate seats that could plausibly be flipped this year from Republican to Democratic (in PA, OH, WI, NC and FL) and the two Democratic seats that could plausibly be won by Republicans (in NV and GA). At the end of yesterday's show, however, we added another to the Plausible Red to Blue list when the "gold standard" Des Moines Register poll over the weekend found Iowa's 89-year old, 7-term Republican Senator Chuck Grassley to be just three points ahead of his Democratic challenger Mike Franken. Today, there's yet another Republican Senate seat said to be in jeopardy --- in deep red Utah of all places! According to two different polls, independent candidate Evan McMullin is said to be in a dead heat with GOP Senator Presidential election theft enthusiast and not Trump "bootlicker" Mike Lee. On Monday, the two sparred in their only debate. It didn't go all that well for Lee.

• On Monday, the Biden Administration opened its student loan forgiveness program at StudentAid.gov. The process has reportedly already served some 12 million applicants who may be forgiven for as much as $20,000 in debt. The process to apply reportedly takes no more than five minutes. All that is needed is a name, birthdate and social security number. The government will supposedly take care of the rest. At the same time, Republicans are suing to block Biden's program, created via Executive Order. But if they believe it's truly illegal, as Slate's Mark Joseph Stern observes today, they should introduce a bill to force those who received debt forgiveness to pay the money back. Do you think Republicans will do so?

• On Tuesday, President Biden spoke at a DNC event and vowed to codify the Constitutional rights and freedoms previously guaranteed by Roe v. Wade into federal law as his first order of business in January, after our corrupt, stolen and packed Republican Supreme Court majority took privacy rights and reproductive freedoms away from Americans last June. We share Biden's remarks today. But, in order to enact those protections, as he points out, Dems will need to hold their House majority and pick up at least two more Democratic Senators willing to reform the undemocratic Senate filibuster rule in November. If that happens, not only can abortion and privacy rights be protected by federal law, but voting rights can be expanded and protected, and the corrupt Supreme Court itself can be expanded and un-corrupted. But, again, if that's what you'd like to see, you better to get to work between now and November 8!

• Finally, Desi Doyen joins us for our latest Green News Report, with news on how GOP rollbacks to climate policies made things worse for Florida; how the Pacific Northwest is facing record heat and wildfires in mid-October(!); how FL's Sen. Rick Scott wants the government to do less for disaster victims; and how a can of soup and a priceless Van Gogh have sparked debate over climate protest tactics...

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As another exhausting week wraps up on The BradCast, we've got a number of follow-ups today on several stories we've been covering throughout the week, and a few all-new reasons to be concerned about the critical upcoming midterm elections. [Audio link to full show is posted below this summary.]

Among the stories covered today...

• Newly-released footage from January 6, 2021 reveals then 80-year old Democratic House Speaker Nancy Pelosi saying she wanted to "punch out" Donald Trump after he had sent insurrectionists to attack the U.S. Capitol. Tom Fitton, rightwing operative, conman and Trump henchman, is just outraged by that! Curiously, he is not at all outraged, by yesterday's House J6 Committee revelation that he wrote a speech for then President Trump, days before the 2020 election, instructing him to declare victory on Election Night --- whether he'd actually won or not --- and then demand the counting of all ballots immediately be stopped. "We had an election today, and I won," the memo suggested Trump declare, as detailed by Rep. Zoe Lofgren (D-CA) on Thursday. The memo then instructed Trump demand only votes counted by the end of Election Day be allowed. That, of course, would disenfranchise millions of lawful American voters. The disgraceful Fitton serves as President of the far-right Judicial Watch activist nonprofit and reportedly also advised Trump that he was legally allowed to steal thousands of classified documents from the White House upon leaving office.

• Meanwhile, Trump's allies in Congress, lead by Republican Conference Chair Rep. Elise Stefanik of New York, are pretending to be furious that the bipartisan House Select Committee investigating Trump's insurrection and failed attempts to steal the 2020 election voted to subpoena the former President for documents and testimony on Thursday. House Republicans were so eager to demonstrate their clownish fury that they even attacked one of their own employees, as "just another liar and pawn in Pelosi's witch-hunt"...until they realized she worked them, and quickly deleted the tweet.

• Of course, there was Trump's own hilarious, 14-page response [PDF] to the subpoena (which has not actually been issued to him yet). Clearly written for his duped followers who he hopes haven't watched any of the J6 hearings, it offers his usual tired bogus claims and long-ago debunked nonsense to falsely insist (in all-caps, because that makes it extra true): "THE PRESIDENTIAL ELECTION OF 2020 WAS RIGGED AND STOLEN!" Will he actually answer the subpoena and testify under oath before the Committee? The cowardly liar failed to say as much.

• One of the millions of dupes who were dumb and incurious enough to buy into Trump's evidence-free claims that the 2020 election was stolen from him is a woman named Genevieve Peters. She helped encourage J6 protesters to attack the Capitol in D.C. on January 6, participated in other so-called "Stop the Steal" rallies, and hung around with the leader of the Proud Boys, according to social media posts that she has been furiously removing from her own Facebook page. She has now been hired by Macomb County, Michigan, its third most populous, to recruit and train pollworkers for the 2022 midterms.

• More than two weeks after Hurricane Ian made its devastating landfall in Florida, Republican Gov. Ron DeSantis finally issued an Executive Order [PDF] on Thursday expanding early voting and vote-by-mail in the state's three hardest hit counties (Lee, Charlotte and Sarasota). On Monday's BradCast, we discussed the delay in approving the plan sought by Lee County, home of Fort Myers, and others where Ian made landfall, with the now-retired, legendary 30-year Florida election official Ion Sancho, who was very worried about whether many Floridians would be able to vote at all this year. We checked back with Sancho to get his reaction to DeSantis' newly-issued EO. He lauds the plan for granting "the flexibility sought by the election officials in three of the most damaged counties," before noting that "Counties further inland had record flooding," leaving still-displaced citizens completely ignored by DeSantis' order. "The counties granted flexibility are heavily Republican," Sancho told me. "The hurricane hit counties further inland are much more Democratic leaning."

• Finally, Desi Doyen joins us for our latest Green News Report, with her usual mix of bad (more billion-dollar weather disasters than ever and wetter storms than ever) and good (an explosion of investment in renewable energy and EV manufacturing in the U.S., and Joe Biden's first declaration of a new national monument) news...

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IN TODAY'S RADIO REPORT: Climate change is causing more billion-dollar weather disasters in the U.S.; When it rains, it pours more than ever before, new study confirms; Clean energy and EV manufacturers accelerate investment in America; PLUS: Biden establishes first national monument of his presidency... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Researchers report staggering decline in wildlife; US law protecting endangered species is hampered by poor resources; Greenland Ice Sheet may be more vulnerable to climate change, study finds; Supreme Court wrestles with case on pigs, cruelty and commerce; Europe turns to Africa in a bid to replace Russian natural gas; New Zealand proposes taxing cow burps to reduce emissions; General Motors launches electric grid division; 'Steam loops' under many cities could be a climate change solution... PLUS: Arizona's clean energy future could swing on governor's race.... and much, MUCH more! ...

On today's BradCast we've got an excellent idea for Democrats, Republicans and everyone else who has any concerns about accurately reported election results in this year's critical midterm elections. [Audio link to full show follows below this summary.]

But, first up, a few thoughts on a Republican Party in dangerous decline and what at least some long-time GOPers are now doing to put country over party.

We start with the sad tale, frankly, of how the GOP is using and/or abusing Georgia's former football hero and clearly unstable U.S. Senate nominee Hershel Walker for grotesquely partisan political purposes, despite the costs to the man who had no business or qualifications being put up as a candidate for U.S. Senate in the first place. In a thoughtful Twitter thread this week, Illinois' Democratic Rep. Sean Casten worries that Walker is on "a trajectory that does not end well." He describes him as "just one in a long, tragic legacy of disposable black men" for the Republican Party. Even now, Casten notes, elected GOP officials who put him up for the job have no interest in his well-being if there is any hope he might defeat GA's incumbent Democratic Sen. Raphael Warnock and help the party win a majority in the upper chamber of Congress.

There are some Republicans, however, who are proving to be much better than that. We are happy to laud some of them today, including Rep. Liz Cheney and (gasp!) Bill Kristol. Both are among a growing group of longtime GOPers who are not just calling out their party for the threat they now pose to American democracy itself, but are putting their money where their mouth is by actively supporting and endorsing pro-democracy Democratic candidates for office in battlegrounds like Pennsylvania, Michigan and Arizona --- and even in ruby-red states like Idaho.

"I don't know that I have ever voted for a Democrat, but if I lived in Arizona now, I absolutely would...for Governor and for Secretary of State," Cheney said last week at a McCain Institute event at Arizona State University. She supports the Democratic bids for Governor by Katie Hobbs and for Sec. of State by Adrian Fontes. "We cannot be in a position where we elect people who will not fundamentally uphold the sanctity of elections," Cheney explained, referring to GOP Gubernatorial nominee Kari Lake and SoS hopeful Mark Finchem, both of whom falsely claim the 2020 election was stolen from Donald Trump. If elected, both would be in a position to block state certification of a legitimate Democratic Presidential victory in 2024.

Of course, despite the complete lack of evidence to suggest that the 2020 election was stolen by anybody in any state, the lack of transparency and public oversight of our brittle and vulnerable computerized voting and tabulation systems makes it easy for charlatans to dishonestly claim otherwise.

We have long advised that voters show up to their local polling place at closing time in order to take photos and videos of the cash register-style poll tapes that are printed out by voting machines and optical scanners. They are supposed to be printed and publicly posted there at the end of the night. Public documentation of those records can be very helpful when compared to results eventually reported for those precincts by towns, counties and states.

A new smart phone app called Actual Vote makes that process much easier for voters of all parties or no party at all, promises our guest today, DANIEL WOLF, CEO of AmericaCounts.us, a non-profit tech company that developed the free app.

Wolf has been observing elections since 1984, when he was sent to research election systems in Nicaragua. He explains today how he was struck after the controversial 2004 Presidential election in Ohio when poll tapes from dozens of Counties went missing well before the 22 months they are required to be preserved under federal law. Comparison of contemporaneously printed results at the precinct on those tapes with final results reported later can be helpful in ferreting out fraud (either foreign or domestic) or simple programming errors. As importantly, this sort of oversight, he argues, can also offer confidence to the public that results were tabulated and reported correctly as per voter intent.

"If people took a picture of the [poll] tape in the past, the question was, 'Who do I send it to?," he explains. But Actual Vote, in addition to assisting in the recording of poll tapes, allows the user to press a button to send those videos to a secure public server, where they are posted and where analysts can transcribe their numbers and compare them to final results in key jurisdictions.

"Anything that pops out, we then would go back to the election administrators and say, 'Look, we found a discrepancy. What about it?'," Wolf details. "Most of those discrepancies are going to be resolved. But those that aren't resolved can then be looked at more deeply. And if they cannot resolve that, then it gives the candidate or anybody else who is concerned about that particular race the ability to go into court and say 'I have documented evidence of discrepancies in the results reporting'."

Wolf notes that while "laws vary" from state to state and jurisdiction to jurisdiction regarding the use of cameras at polling places, "once public information is posted in the public" after polls close, "you have a First Amendment right to take a picture of it."

His hope is that while Actual Vote could help surface fraud or simple error, broad use of the app may ultimately add confidence in election results for Republicans and Democrats alike, among whom he hopes to "ignite a war of mutual assured accountability."

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A no-uncertain-terms brief [PDF] submitted to the U.S. Supreme Court by all 50 state Supreme Court Chief Justices eviscerated the so-called "Independent State Legislature" (ISL) theory being pushed by far-right legal activists.

Their rare decision to file an amicus curiae (friend of the court) SCOTUS brief reflects the unanimous recognition by all of the nation's State Chief Justices that the fringe ISL "legal" theory is so dangerous that, if it were to be embraced by a majority on our nation's highest federal court, it could hasten an end to our Constitutional democracy. And that is not hyperbole.

Earlier this year, the U.S. Supreme Court, now dominated by six unelected "radicals in robes", granted review in Moore v. Harper, a case brought to SCOTUS by North Carolina's Republican-controlled State Legislature after their partisan gerrymandered Congressional redistricting plan was struck down by their state's Supreme Court on the grounds that it violated NC's Constitution.

Ironically, Tar Heel State Republicans owe their own control of the General Assembly to partisan gerrymandering. When Democratic Governor Roy Cooper was reelected in 2020, he defeated his Republican opponent 51.5% to 47% statewide, yet GOPers were able to retain control of 56% of NC Senate seats and 57.5% of the House thanks to extremely partisan state district maps.

In Moore the NC Republican petitioners to SCOTUS rely upon the same ISL theory advanced by disgraced former Chapman Univ. Law Professor John Eastman as part of Team Trump's effort to steal the 2020 Presidential election.

Their argument is that, absent a federal law to the contrary, a State legislature has a plenary right to engage in what NYU's Brennan Center for Justice describes as "deeply undemocratic" partisan gerrymandering of Congressional Districts. They contend that, when it comes to laws regarding federal elections, state legislatures may not be constrained by a state's constitution as interpreted by its state courts.

In their brief, the 50 State Chief Justices argue that the ISL, as advanced by NC Republicans, does violence to the meaning of the word "Legislature" as envisioned by the framers and as it appears in the U.S. Constitution's Elections Clause (Article 1, Section 4), which provides that the "Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations."

Embrace of the ISL theory by a SCOTUS majority in Moore could similarly result in approval of Eastman's radical theory that state legislatures enjoy a Constitutional right to override the will of state voters to choose electors in the next Presidential election. It all underscores President Joe Biden's recent assessment that, come November, "democracy will be on the ballot"...

As noted on today's BradCast, we generally cover the track conditions of our elections more than the actual horse races. We do so again today. But, as it turns out, Dems have put up some pretty good horses this year. We cover a couple of them today as well. [Audio link to full show is posted below this summary.]

First, track conditions...

The corrupt, stolen and packed rightwing U.S. Supreme Court majority on Tuesday overturned an appeals court ruling which had found that both the landmark Civil Rights Act of 1964 and Pennsylvania law mandates that legitimately voted ballots may not be invalidated due to minor errors that are "immaterial" to determining voter qualification. In this case, the question was about absentee ballots where voters had forgotten to fill in the date on the ballot's outer envelope. The activists on SCOTUS, however, held today that such ballots may not be counted this November, despite the Civil Rights Act provision that previously ended the Jim Crow era's use of immaterial errors to invalidate perfectly legitimate votes.

Also, FBI officials say they have identified no credible threats to U.S. election systems this year, despite efforts by some foreign adversaries, including Russia, to sow doubt about fraud. But do these officials understand the actual threats now posed to our non-transparent, easily manipulated and error-prone computerized voting and tabulation systems? Do they appreciate the increased threat level thanks to recent breaches of election management systems by MAGA conspiracy theorists in several states following the former President's false claims of fraud?

While the Trump-appointed FBI Director Christopher Wray seems to falsely suggest there are similar domestic threats of violence from "both sides" following the 2020 election and the SCOTUS ruling on Roe v. Wade, the federal Elections Threat Task Force, launched last year by the Dept. of Justice, seems to finally be taking at least some action in response to the thousands of violent threats made by rightwingers against election officials and poll workers following the last Presidential election.

Next, horse races...

During a U.S. Senate debate in Ohio on Monday night, Democratic candidate Rep. Tim Ryan called out his Republican opponent, author J.D. Vance, for running a fake non-profit charity to support opioid addicts; defending January 6 insurrectionists; and for giving up his "dignity" to Trump who said about Vance at a recent rally in Youngstown: "All you do is kiss my ass to get my support," before Vance went on to pose for pictures with the disgraced former President. "Ohio needs an ass-kicker, not an ass-kisser," said Ryan in response.

In Wisconsin's U.S.. Senate race, Democratic Lt. Gov. Mandela Barnes was similarly ass-kicking in his debate against incumbent Republican Sen. Ron Johnson. Barnes called out the Badger State GOPer for supporting the January 6 insurrection while claiming to support police, despite the serious injuries to more than 140 law enforcement officials that day. Barnes also made clear he would vote to codify the rights of Roe v. Wade into federal law, and made a very impressive showing against Johnson.

Both races are currently neck and neck, and are among at least five Senate races this year (along with Pennsylvania, North Carolina and even Florida) where Dems have real shots at flipping currently GOP-held seats from "red" to "blue". That, by way of contrast with Republicans who are looking at just two states (Nevada and Georgia), where they stand any real chance, generally speaking, of flipping a Senate seat from "blue" to "red" this year --- at least if you have any confidence in this year's pre-election polling.

Finally...

Desi Doyen joins us for our latest Green News Report, underscoring, yet again, the stakes of this year's critical midterms following the devastation of Hurricane Ian in Florida; consequences of our worsening climate crisis around the world; and the Governor of California's new effort to hold Big Oil accountable for price gouging...

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With unspeakable devastation from Florida to Ukraine, the stakes couldn't be higher for our upcoming midterm elections. We cover all of that on today's BradCast, even while tending to some long overdue accountability and grotesque conflicts of interest in Congress. [Audio link to full show is posted below this summary.]

The horrifying death toll from last week's climate change-fueled Hurricane Ian continues to rise. More than 100 were confirmed dead in Florida alone as of airtime. That number is likely to keep growing, along with the growing questions about why state officials did not call for evacuations before they finally did. Put those questions into the same file that may explain the state's years of climate crisis denial and its now collapsing insurance industry.

At the same time, corrupt authoritarian regimes elsewhere are similarly ill-serving their citizens. We get caught up a bit today on Russia's sham referendums and unlawful annexation of four regions in eastern Ukraine last week. That, as Russia's military offensive continues to collapse and lose ground to Ukrainians defending their sovereign homeland; as Vladimir Putin faces growing unrest after announcing the forced draft of hundreds of thousands of Russians; and as he continues to threaten the use of nuclear weapons as his political and military fortunes devolve.

Then, we move to Brazil, where far-right President Jair Bolsonaro lost in the first round of voting on Sunday to the nation's former leftist President known to the people simply as "Lula". While Lula defeated Bolsonaro over the weekend, neither candidate received the votes necessary to avoid a run-off later this month. Lula's victory was much narrower than expected based on pre-election polling showing that he was likely to defeat Bolsonaro by about 14 points. He won by just less than 6 points in what should serve as another object lesson for U.S. voters before our own critical midterm elections in just 35 days.

Next, we're joined by longtime government affairs and ethics lobbyist CRAIG HOLMAN of Public Citizen to discuss the Combatting Financial Conflicts of Interest Act that he had hoped to see passed in the House before next month's midterms. Holman helped shepherd passage of 2012's STOCK Act. It was hoped that the decade old measure --- requiring immediate disclosure of stock trades by members of Congress and ending their exemption from insider trading laws --- would shame members into avoid conflicts of interest when trading stocks in companies which they also oversaw in Congressional committees.

As Holman details today, the STOCK Act failed in that regard for several reasons. As a New York Times analysis found last month, at least 97 members of the House and Senate, of both parties, continue to hold stocks in companies that they oversee on Congressional committees. But it is hoped that the new measure will end that as well. It would bar members and their direct family (spouses and children) from buying and selling stocks at all, and require them to divest their portfolio entirely or place such assets into blind trusts.

"Prior to the STOCK Act in 2012," Holman explains, "insider trading was illegal for you and I and Martha Stewart, but it was perfectly legal for members of Congress. And they were making use of it. There was one economist who came out with a study that showed members of Congress enjoy a 12% higher rate of return than the rest of us on the stock market. Which means either they're geniuses at trading in the stock market, or they know something that we don't know. Quite obviously, it's the latter."

While the STOCK Act did reduce members' trading in stocks by about two-thirds, he says, the other third "are still out there trading. They are sitting on the same committees and in their same official capacities overlooking the same businesses that they're buying and selling stocks in."

The new bill, however, would finally end those bipartisan conflicts of interest, and/or the appearance of same, once and for all. But, Holman also explains how the bill he had hoped to see passed by both chambers before this year's midterms was derailed last week He tells us whodunnit and how he hopes to see the measure adopted nonetheless in the lame duck session after the elections. Here's hoping!

Does Holman have any concerns that this new law would prevent qualified folks from running for Congress in the first place? "Not on my end," he responds. "That is one argument that you always run into. But, quite frankly, if you've got a huge financial conflict of interest with your official duties of serving in Congress, I don't want you here. If you're not going to get rid of that conflict of interest, you pose more of a threat to the integrity of our legislative process, no matter how competent you are."

Finally, President Biden visited Puerto Rico on Monday in the wake of the devastation of Hurricane Fiona (the storm that took out power across the island, yet again, just two weeks before Ian's devastation in Florida). He didn't throw paper towels at residents, as the former guy did following Hurricane Maria, though he did vow to help get their infrastructure back up and hardened to withstand many more of these storms that will be coming their way as the climate crisis worsens. We share some of Biden's remarks today...

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Even before Hurricane Ian devastated the state, Florida's insurance industry was collapsing. As discussed on today's BradCast, decades of climate denialism by the Republicans who run the state hasn't helped. [Audio link to full show follows below this summary.]

Gov. Ron DeSantis seems to have a very different perspective on federal hurricane disaster aid than he did while a freshman in Congress in 2013, when he was an adamant "no" vote on sending federal aid dollars to New York and New Jersey after the devastation of Hurricane Sandy. He also seems to have a different opinion of President Biden than he did just a week or so ago, when the ambitious GOP Presidential hopeful was threatening to use state taxpayer dollars to fly undocumented immigrants to Biden's home in Delaware. Suddenly, the DeSantis swagger is gone. At least for now, as the Sunshine State Guv has little choice after Ian but to crawl hat in hand to the same federal government he has pretended to abhor for political benefit.

But that's not DeSantis' only problem. As our guest today, THOMAS FRANK, longtime climate change impact journalist at E&E News, explains, the insurance industry in Florida has been in big trouble for some time. Major insurers left the state after Hurricane Andrew in 1992, and six of the regional mom and pop outfits who took their place have gone insolvent over the past year alone.

"There's not the kind of robust, private sector [in the insurance industry] you have really everywhere else in the country," Frank tells me today. "What happened the last few days is going to make a bad situation --- pick your adjective --- horrendous. The truth is nobody knows exactly how bad it's going to be, because that's going to take weeks, months to figure out as people try to start filing claims and so forth. But I don't anyone thinks it's going to be anything but bad."

Frank has been reporting on --- and warning about --- the state's failing insurance industry long before Ian may have finished it off. Premiums for homeowners insurance cost about 3 times more than the national average and, at the same time, Florida's Citizens Property Insurance Corp., the state-backed insurer of last resort, has been under-pricing homeowner policies for years, he says. They are unlikely to have enough money to pay out the claims that will soon come flooding in.

Moreover, homeowner policies don't cover flood insurance. That's left to a federal government program and most Floridians who have flood coverage live on the coast, even as hundreds of thousands of homeowners who have been flooded out this week live nowhere near it. They are unlikely to be insured for flooding at all.

As Frank writes today at E&E, "Hurricane Ian is expect to financially ruin countless people" in the state, including both homeowners and insurers. As he wrote yesterday at Politico, "Profit drove a 30-year boom" in the state, particularly near the coast, where the population has doubled or tripled amid a building boom in recent years, despite warnings from climate experts about sea rise and the intensification of hurricanes. "Ian smashed" that boom "in a day," writes Frank.

This, in a state controlled by climate change denialist politicians who have gone so far as to ban the use of the phrase "climate change" in state reports, and where DeSantis, as recently as last month, began an effort to bar the state's pension fund from even considering environmental factors when investing billions of dollars belonging to teachers, firefighters and other state workers.

Please tune in for today's enlightening conversation.

Finally today, Democrats in the House Oversight Committee recently obtained and released a trove of internal documents from fossil fuel industry insiders from ExxonMobil, Chevron, Shell and BP. The communications reveal that Big Oil execs, staffers and lobbyists admit to "gaslighting" the public regarding their public claims to be fighting against the climate crisis. (Who could have guessed it?!) For example, while Shell has publicly claimed they are working toward "net-zero" greenhouse gas emissions by 2050, a missive to employees in 2020 instructs them to never "imply, suggest, or leave it open for possible misinterpretation that (net zero) is a Shell goal or target," adding that the company has "no immediate plans to move to a net-zero emissions portfolio" over the next 10 to 20 years.

Republicans on the House Committee are furious that their friends and campaign donors have been exposed (again) as liars. And the companies argue the Committee's selective release of documents doesn't offer a full picture of their very very concerned stance on the climate crisis. So, as a public service, we close today with a new ad from Chevron that may help clear the air a bit. You're welcome!

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Today on The BradCast: Our cruel climate crisis Summer continues, as we head toward a more hopeful Fall...maybe... [Audio link to full show follows below this summary.]

First up, Hurricane Ian crashed ashore on the southwestern coast of Florida shortly before air time on Wednesday, as a Category 4 storm. It had intensified in record time, falling just shy of a Cat 5, after knocking out power overnight to the entire island of Cuba and its more than 11 million residents. As we went to air, more than a million Florida residents were already without power.

Given Ian's landfall near Fort Myers, it is hoped that a "worst case scenario", had there been a direct hit on Tampa, may have been averted. But that's small comfort right now. It is feared Ian may result in catastrophic damage. Not just from its wind speeds, but from a record storm surge as high as 18 feet and rainfall that the National Hurricane Center warns could be as high as 24 inches in some locations over the next day or two. The storm is now set to crawl up Florida in a north-easterly direction. On its current track, Ian will emerge as a Tropical Storm in the Atlantic after crossing the state and potentially make a second landfall in Georgia and/or the Carolinas toward week's end. Desi Doyen joins us for the latest available details and the potentially devastating climate change-related impacts for the Sunshine State.

Next, new polling finds that while Democrats are still favored to lose their current slim majority in the U.S. House this November, their margin of loss continues to decrease with each passing month. The latest midterm elections forecast from CBS/YouGov suggests Dems would fall short of a House majority by just 6 seats if the elections were held today. But, that's half the size of the margin predicted by the same polling outfit in July.

The U.S. Supreme Court's Dobbs decision to overturn Roe v. Wade's well-established privacy and reproductive rights is, of course, still seen as the primer mover in this and other recent polling. That ruling has also been cited as the reason that Democrats have either won or increased their percentage versus Joe Biden's 2020 numbers in every single special election for the U.S. House since Dobbs. All of that in contrast to so-called Conventional Wisdom earlier this year that Dems were set to face a shellacking in the midterms.

Beyond snap-shot best-guesses from pre-election polling, however, we now have some hard election data to help us better understand the post-Dobbs electorate, as our guest today, TOM BONIER of TargetSmart, a Democratic data analysis firm, joins us to detail today.

Last month, Bonier was here to discuss what he had found at the time to be "jaw dropping" spike in new voter registration numbers following the High Court's controversial late-June ruling on abortion rights. He cited was he described as an unprecedented gender gap favoring new voter registration for woman in dozens of state after Roe was overturned. Moreover, as Bonier reported at the time, the increase in newly registered voters was not only for women, but for young, Democratic women. Nowhere was the spike more striking than in the Republican-leaning state of Kansas. There, in August, voters thoroughly rejected a state Constitutional referendum --- by landslide numbers of 59% to 41% --- which would have allowed GOP lawmakers to institute restrictions on reproductive freedoms and even an outright ban on abortions in the state.

Today, we're joined again by Bonier with new, similarly striking data based on how voters actually voted in that KS referendum, where, he notes, women accounted for 56% of all ballots cast. "Usually women account for maybe 51, maybe 52% of ballots cast in these elections," he tells us today. "Women accounted for 56%! That's a huge difference. That just doesn't happen in elections. I haven't found an election in Kansas where women have accounted for this high of a share of the vote."

Based on the KS data, he estimates that as much as 20% of Republicans there turned out to vote against the measure. "It wasn't that men stayed home. It's just that women surged in turnout so far above and beyond what we've seen in prior elections, that they accounted for such a large share of the votes cast."

His research suggests "we've been underestimating the extent to which this issue has engaged women in this election. Especially younger women." Moreover, he does not believe that this surge is being accounted for in models currently used by most of the major polling outfits.

"One of the biggest difficulties for a pollster is figuring out who is going to vote. Because if you don't have an accurate prediction of turnout, then you can't have an accurate poll," says Bonier. "But, when you have what we call an outlier election like in Kansas, where you just don't have a precedent for it, you're not going to find many pollsters who will do what they feel is going out on a limb by predicting turnout that defies past precedent."

He cites, by way of just one example, a recent poll out of Georgia where just 49% of respondents included in the poll were women, even though "in Georgia, on average, women account for 55% of votes cast. Women account for a larger share of the electorate in Georgia than any other state." Why would this pollster be so off the mark? And what does all of this mean for so much of the polling that many are following closely in advance of midterms just six weeks away? Tune in for his answers. We cover a lot of ground.

Bonier cautions, however: "All the different factors that were in place that would have led to a Republican 'red wave' election --- them being the party out of power, the gerrymandering, the voter suppression, the historical precedent for midterm elections --- none of that has gone away." He emphasizes that we are likely to see "two waves side-by-side." The question is how big each "wave" will ultimately be. Either way, he predicts, one or the other is likely to win by very narrow margins.

"I certainly hope no one is seeing this data and thinking that it means Democrats have it wrapped up and can sit this one out, because that is certainly not the case," Bonier warns.

Finally, as you may recall, last month Donald Trump was reportedly having trouble finding any legitimate attorneys willing to represent him in the DoJ's criminal investigation into the thousands of documents he stole from the White House. He finally found who reportedly cost him $3 million to be paid up front. But now, according to CNN anyway, that attorney, Chris Kise, has already been "sidelined" by the disgraced former President. Who could have predicted it?...

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We've got a grab bag of items on today's BradCast, as the critical midterm elections loom and a potentially catastrophic storm threatens the Sunshine State. [Audio link to full show is posted below this summary.]

Among the potpourri of news on today's program...

• Some listener mail in response to yesterday's lively call-in show focused on expansion of the Supreme Court and the necessity of electing Democrats this November in hopes of saving American democracy.

• NASA scientists successfully fired a vending machine sized projectile last November toward a 560-foot wide moonlet orbiting around an asteroid traveling at thousands of miles per hour nearly 7 million miles away. They hit it on their first try. But, other than that, when it comes to things like our climate crisis and fighting infectious diseases here on Earth, scientists don't anything about anything and should be completely ignored, right?

• Texas' top law enforcement official, Republican Attorney General Ken Paxton, was indicted for securities fraud felonies seven years ago. He has been dodging a trial for those crimes ever since. In the meantime, he's facing a whistleblower lawsuit from former top deputies charging he abused his office and a criminal probe by the FBI regarding similar allegations. On Monday, his state Senator wife Angela (the one he was cheating on with a girlfriend who was given a job by one of his wealthy donors), served as a getaway driver for Paxton after he ran out of the house and fled by to dodge a process server attempting to serve the state's top attorney with two subpoenas. Cause that's what "the rule of law" looks like in the Lone Star State. Paxton will face Democratic A.G. nominee Rochelle Garza during his reelection contest this November.

• False claims of fraud in the 2020 election and threats against poll workers by Donald Trump and his flying MAGA monkey are resulting in a surprising number of folks signing up to be poll workers on both the Left and the Right. That's actually a very good thing! But many more poll workers are still needed to help protect democracy this year! Please contact your local elections office to consider becoming one!

• And, speaking of protecting democracy, last week, the House passed a bipartisan bill to update the Electoral Count Act of 1887. That is the arcane and confusingly written law that Trump and the MAGA monkeys tried to exploit in hopes of stealing the 2020 Presidential election on January 6, 2021. A similar bipartisan bill to the one passed by the House with little GOP support is now quickly moving through the U.S. Senate. And today, republican Senate minority leader Mitch McConnell came out in support of it. That means the measure is likely to get the 10 Republican votes needed to overcome a filibuster in the undemocratic upper chamber. This much-needed reform to help prevent just one of the ways that Republicans could steal the 2024 Presidential election may see passage in the full Senate before the end of this year.

• Finally, Desi Doyen joins us for both our latest Green News Report and the latest worrying news on Hurricane Ian, a storm that is currently on a potentially catastrophic path toward Tampa Bay, Florida...

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It was another lively call-in show today on The BradCast, even with one caller accusing me of "professional, managerial class gate-keeping for the Democrats." (Okay. But, if so, where do I pick up my managerial class paycheck?!) [Audio link to full show follows this summary.]

Before we get to the listener calls, however, some important news items today...

• Good news: Italy has just elected its first female Prime Minister! Bad news: She represents a far-right authoritarian party with its roots in Italian World War II neo-fascism.

• Warning: Brazil's far-right President Jair Bolsonaro is up for re-election this weekend and is likely to get trounced, according to pre-election polls. But, like the former far-right President of the United States, Bolsonaro has already declared that if he loses, it can only be due to massive fraud. Bolsonaro blames the nation's electronic voting system. Buckle up, Brazil!

• Last week began with three enormous climate change-fueled storms simultaneously slamming Puerto Rico (which is still largely without power or clean water), Alaska and Japan. This week begins similarly, with three huge storms. One (the same one that hit Puerto Rico) slamming eastern Canada and another super-typhoon that spun up from tropical storm to Cat 5 in 24 hours before ravaging The Philippines. The third storm, Hurricane Ian, is now building strength as it edges Cuba as a Cat 2. It's expected to make potentially catastrophic landfall somewhere in Florida in the next day or two, potentially as a Cat 4. Exact landfall location is still unknown, but Desi Doyen joins us to explain how insanely dangerous Ian could turn out to be, particularly for the city of Tampa Bay.

• Then, new polling from the Marquette University Law School, considered the "gold standard" for polling on the U.S. Supreme Court, finds, for the first time, that a majority of Americans are either "strongly" or "somewhat" in favor of expanding the the number of Justices on the Court. As you'll recall, the Republican majority Senate during the Trump Administration, packed and stole the Court majority, first by holding a vacant seat open for a full year (effectively, changing the number of seats from 9 to 8 in 2016); then by a blowing up the Senate filibuster rule requiring 60 votes to seat Justices for lifetime positions on the bench. They did that for three controversial far-right Justices who have since helped the corrupted Republican majority on the Court turn the Constitution and nation upside down by ignoring precedent, making up new "doctrines" from thin air, and overturning critical Constitutional rights established by half-century old SCOTUS opinions like Roe v. Wade.

  For many of the reasons discussed on today's show, expansion of the Court is --- at least in my opinion --- the number one reason for voting for Democrats in this November's critical midterm elections. Everything else --- codifying Roe's protection of reproductive rights into federal law, protecting democracy and the planet itself --- are all ultimately subordinate to the High Court. As corrupted as it currently is, expanding the Court to rebalance it is a must...even if many Democrats in Congress and the White House don't yet seem to understand that. Happily, a majority of Americans, across virtually every demographic sector, now agree.

• Then, we open up the phones to callers on all of the above and more. With, as usual, a bunch of folks calling in to disagree with me, and at least one who correctly identifies the "Big Lie of the Left," that "both parties" are equally bad. They aren't. Not by a demonstrable long shot, as we discuss. Which, apparently, is proof enough that I'm a "professional, managerial class gate-keep[er] for the Democrats!" Who knew? But check please!)

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