In his "Morning Plum" round-up today at Washington Post, Greg Sargent's collection of items on legislative priorities in the new Congress reads more like a warning than anything else. Buckle up. The serious dysfunction in the Republican House and Senate is only going to get very bad before it gets better.

His opening item details the improbability of the Voting Rights Act, broken in 2013 by the U.S. Supreme Court, being fixed by the Republican majority in both houses any time soon. Indeed, as The Nation's Ari Berman tweets today, even on the heels of the weekend's 50th anniversary commemoration of the Bloody Sunday march for voting rights in Selma, AL, just 10 House Republicans currently support the Republican-authored bill to restore the VRA.

"There's no incentive for House Republicans to act" on it, observes Sargent. That's true, in so much as, ya know, simply doing the right thing would otherwise provide incentive to at least some lawmakers.

Similarly, Sargent notes, it seems unlikely that Republicans will be able to make much progress on immigration reform, a long-promised, so-called GOP version of health care reform, or even on their own legislative priorities, such as tax reform or trade deals, given the necessity of having to deal with Democrats to get almost anything passed in the Senate and a Democratic President who is disinclined to gut programs that "Tea Party" Republicans tend to poison their own legislation with.

But, following last week's predictable GOP brinksmanship on funding for the Dept. of Homeland Security, Sargent cites Ashley Parker at the New York Times and her round up of the long list of must-pass spending bills that are coming due soon with hard deadlines and a likelihood --- some might say certainty, at this point --- that much more governing-by-brinksmanship lies in our near future. All of that, it seems, is all but certain to take up any time that might have been used to pass bills meant to, ya know, actually help the American people...

On Thursday, by way of a 3-2 vote, the Federal Communications Commission (FCC) adopted 'Net Neutrality' regulations that embody the "bright-line" rules that had been proposed by President Barack Obama last November.

The new policy is unquestionably a victory for both the idea of Internet freedom, as well as for the unprecedented campaign waged by the public to advocate in favor of 'Net Neutrality' over the past several years. An outspoken public won the day, for a change, against very powerful interests. It was a victory that, particularly over previous years, seemed to be anything but assured.

Of course, as anticipated, the ruling drew harsh reactions from some Congressional Republicans as well as major Internet Service Providers (ISPs) which could otherwise profit from the imposition of tolls on the Internet. (See two video explainers at end of article). Those reactions included a prediction by AT&T and by the Telecommunications Association, an industry trade group, that the new rules would be overturned either by Congress or the courts.

While both litigation and a GOP challenge to the newly adopted 'Net Neutrality' rules are almost certain, neither legal nor Congressional challenges are likely to succeed. Here's why…

[UPDATED to reflect the successful adoption of the resolution.]

While Republican state legislatures around the nation have been working to limit access to the polls over recent years, Democrats moved a non-partisan initiative forward over the weekend to help expand --- or, at least, to help protect --- the franchise for all Americans.

At their Winter Meeting in Washington, D.C. on Saturday, the Democratic National Committee unanimously voted to adopt a resolution calling for a "Right-to-Vote" Amendment to be added to the U.S. Constitution.

According to the resolution, posted in full below, the Democrats are calling for "amending the United States Constitution to explicitly guarantee an individual's right to vote."

The resolution also calls on "state parties to work with state lawmakers and others to access the need to petition for a statewide referendum on the November 2016 general election ballot (and all states where this is possible), advocating to amend the United States Constitution to explicitly guarantee an individual's right to vote."

As the document stresses, there is currently no such explicit right stated in our nation's founding document, although several amendments bar the restriction of access to the polls based on race, sex and age. It also notes that while, in the past, the U.S. Supreme Court "has called the right to vote a fundamental right," the court's 2013 decision striking down a key element of the Voting Rights Act of 1965 has served to "undermine" that right.

"Of the 119 nations that elect their public officials using some form of democratic elections," the resolution notes, "108 have the right to vote in their constitution, but the United States is one of the 11 nations --- including Australia, the Bahamas, Bangladesh, Barbados, Belize, India, Indonesia, Nauru, Samoa, and the United Kingdom --- that does not explicitly contain a citizen's right to vote in its constitution."

"A 'right to vote' constitutional amendment applies to and should be supported by all Americans because it is (a) nonpartisan - not Democratic, Republican or independent; (b) non-ideological - not liberal or conservative; (c) non-programmatic - it does not require you to support or oppose any particular legislative program(s); and (d) non-special interest - its application is not limited to minorities, women, labor, business, seniors, lesbians and gays or any other special interest groups."

The full resolution, adopted on Saturday, February 21, 2015, at the DNC Winter Meeting, follows below...

[Remarks prepared for event with comedian Lee Camp, Charlottesville, Va., February 21, 2015, event postponed by snow storm. When it's rescheduled I'll say something completely unrelated. - DS]

This is the serious part of tonight's event, except that Lee often deals with very serious topics. So what I mean is: this is the unfunny part of tonight's event, except that I'm going to talk about the United States government. One of my favorite things that Mark Twain didn't really say but definitely should have said was "Sometimes I wonder whether the world is being run by smart people who are putting us on, or by imbeciles who really mean it." He left out the possibility of imbeciles who are putting us on.

On Thursday, Comcast Internet was not working at my house, just as Comcast's hired Congress members were introducing a bill to create a closed Internet with fast lanes for the corporate crap we didn't need the Internet for. And a good Internet media outlet called TheRealNews.com wanted to do a video interview with me, which I didn't want to do in Java Java because I try not to be quite that rude. So I sat out on the Downtown Mall and did the interview. It was about 12 degrees out, and I think you can see me shaking. And what did they want to talk about? War? Peace? The climate?

They wanted to talk about Jeb Bush. Clearly he is an imbecile who is putting us on. He'd been talking on foreign policy, and of course he agreed with Obama on most everything but claimed not to. On NSA spying, for example, he disagreed basically with the fact that there has been public criticism of Obama's abuses. How he would eliminate criticism he didn't say. He didn't bring up Ukraine or Afghanistan or drone wars, because what would he disagree with? He did bring up the Korean War in order to claim it was a success and not the stupid pointless draw that everyone called it for decades, but of course the innovator in popularizing that ridiculous claim was ... President Obama...

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IN TODAY'S RADIO REPORT: Eleventh time's the charm: House GOP passes Keystone XL bill --- again; Apple Computers invests big in big solar; Record snow in Boston with more on the way; Oil companies dump toxic waste into CA's aquifers; PLUS: Uncle Sam wants YOU to help save the monarch butterfly... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Geoengineering is dangerous and 'should not be deployed'; Heavy metal in your valentine chocolate?; New Tesla battery will power your home, and maybe the electric grid, too; BOMB-Shell CEO calls for "carbon pricing system"; Fox host: 'We had to give up our freedom' during snow storm because climate change is a hoax; Oil CEO says worse to come for oil industry; Total Oil report $5b loss; Native Americans protest bison killings... PLUS: VIDEO: Thanks Dr. Evil! Fossil Fuel Propaganda Misfire Goes Viral... and much, MUCH more! ...

Sean Hannity and his friends on the Republican right must be furious about the outrageous land grab happening to private American citizens in Nebraska. Wait, what? He's in favor of the Keystone XL pipeline project anyway? How could that be?

The pipeline's owner, TransCanada Corp., has now filed an eminent domain action in a Nebraska state court seeking to force private landowners to grant an easement that would permit the Canadian-owned company to erect sections of the highly controversial Keystone XL on privately owned land.

The new filing comes on the heels of a controversial decision earlier this month in which a 3-judge minority of the 7-judge Nebraska Supreme Court were permitted to overturn a lower court ruling that the process by which the state's Republican Governor Dave Heineman permitted TransCanada to revise the pipeline's route was unconstitutional. Heineman's decision was upheld because of a Cornhusker state requirement that state constitutionality be determined by a super-majority of high court's justices. (The new route was necessary after both the Republican Governor and GOP-controlled state legislature objected to the originally-planned route.)

While the Nebraska Supreme Court's decision at the time served to shift the immediate focus of the debate back to Washington D.C., where the Republican-controlled House voted for fast-track approval of the pipeline and a similar bill is quickly working its way through the newly GOP-controlled U.S. Senate, TransCanada's eminent domain filing in the state may prove a major embarrassment to those same elected Republicans. Many of those same GOPers, and their mouthpieces in the media like Hannity, have previously declared fierce opposition to eminent domain abuse that occurs when either state or local entities condemn properties owned by ordinary citizens, where such condemnations primarily benefit commercial interests of wealthy corporations and developers...

I was joined on this week's KPFK/Pacifica Radio BradCast by some of the best bloggers/journalists in the nation (who all happen to live in L.A.) to discuss and deconstruct Obama's 2015 State of the Union Address, the Republican response and more.

Our star-studded in-studio roundtable panel included (from left to right in the photo above) David Dayen of Salon, Heather 'Digby' Parton of Hullabaloo, John Amato from Crooks And Liars, me and Desi Doyen (not pictures, but ever present.)

Nuff said. Listen up...

Download MP3 here or listen online below...

The good news, which Republicans in Congress won't care about, because it involves Americans, as opposed to (profits for foreign) corporations, is that, according to a new NBC/WSJ poll, just 41% of the American public supports building the Keystone XL pipeline.

The not-as-good news, however: Just 20% oppose it, while a full 37% "say they don't know enough to have an opinion".

It's somewhat astonishing, frankly, that so many still "don't know enough" about it after all this time. But that's certainly what its supporters are counting on.

It'll be interesting to see if the news about the oil pipeline rupture in Montana's Yellowstone River on Saturday --- and today's report that it has contaminated the drinking water supply with cancer-causing Benzene --- will have any effect on those poll numbers.

The Guardian reports: "Truckloads of bottled water were expected to be brought in on Tuesday, and residents were warned not to drink or cook with water from their taps. Up to 50,000 gallons of oil spilled on Saturday from a break in a 12-inch pipeline owned by Wyoming-based Bridger Pipeline Co." This week's spill follows another pipeline rupture on the Yellowstone in 2011 that dumped 63,000 gallons of crude along an 85-mile stretch of the river.

By way of comparison to the KXL, the pipeline that broke on Saturday, spilling "up to 50,000 gallons", was just a 12-inch pipe, while the the KXL, if completed, will be a 36-inch pipeline stretching from Canada down to the Gulf of Mexico, right across the water supply for much of the Midwest. What could possibly go wrong?

And one more quick related point: Republican majorities (along with the help of a few pro-KXL Dems) blocked two Democratic amendments today to the GOP Senate bill to require completion of the pipeline. The amendments, proposed by Senators Ed Markey (D-MA) and Al Franken (D-MN), would have required that all of the dirty oil transported through the pipeline be sold in the U.S., and that the pipeline be built with American-made steel.

Do the world a favor and feel free to pass on this short article to a few of those folks who "say they don't know enough to have an opinion" on Keystone XL.

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IN TODAY'S RADIO REPORT: Keystone XL pipeline clears Nebraska court hurdle, moves to US Senate; Canada's tar sands and Arctic oil must remain in the ground, study warns; Fracking country braces for oil bust; PLUS: Denmark breaks world record for wind energy generation... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): FBI allegedly entrapped 'eco-terrorist', withheld documents; NYC bans Styrofoam; GM doubles down on EVs with Chevy Bolt; Saudi prince: "never see $100 oil again"; Climate denier to oversee NASA; Good news for bats and white-nose syndrome; The Serengeti Strategy to silence, intimidate individual scientists... PLUS: The Saudis, Stones, and the End of the Age of Oil... and much, MUCH more! ...

- with Brad Friedman

[An earlier version of this article was originally published by Truthout...]

Both election integrity advocates and dissembling GOP proponents of Photo ID voting restrictions were taken by surprise in late 2013 when 7th Circuit Court Judge Richard A. Posner said, during an interview with HuffPo Live, that the landmark 2008 Supreme Court decision on the matter "would have been decided differently" if the Court had known then "about the abuse of voter identification laws."

That, in and of itself, was a remarkable turn of events. What was ultimately to come was even more so.

Crawford v. Marion County Election Board is the case which Republican proponents of strict Photo ID voting laws now (incorrectly and often disingenuously) cite as giving them carte blanche to enact similar laws in other states, irrespective of the extent to which photo ID laws serve to disenfranchise demographic groups --- minorities, students, the poor, women --- that all tend to vote for Democrats.

Posner is not just any judge. He is a renowned legal scholar and Reagan appointee to the federal bench, who has served on the U.S. 7th Circuit Court of Appeal since 1981. More importantly here, Posner was the author of the 7th Circuit's opinion in Crawford. In that case, Posner rejected an allegation that Indiana's polling place photo ID restriction was unconstitutional. That decision was affirmed at the time by the U.S. Supreme Court.

Posner, who is, as Yale Law Professor Fred Shapiro notes, the most cited jurist of the 20th Century, was not alone in his view in 2013 year that Crawford "would have been decided differently" if the Court knew then what it knows now.

Former Supreme Court Justice John Paul Stevens, the author of the plurality opinion in Crawford --- an opinion that was joined by Chief Justice Roberts and Justice Kennedy --- told the Wall Street Journal following Posner's remarks at the time, that he "always thought that [dissenting Justice] David Souter got the thing correct, but my own problem with the case was that I didn't think the record [before the Court in 2008] supported everything he said in his opinion." Souter would have struck down the Indiana law as unconstitutional because, as he argued at the time, it "threatens to impose nontrivial burdens" upon the right to vote.

Joined by four other 7th Circuit jurists last October, Posner penned an extraordinarily powerful and compelling dissent [PDF] in Wisconsin's photo ID voting case. The previously missing evidence is now in, as the judge meticulously detailed in the opinion. GOP claims that photo ID restrictions are needed to combat "voter fraud", he wrote, are "a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government"...

Posner's carefully crafted dissent does more than establish why the U.S. Supreme Court should ultimately sustain the District Court's finding that Wisconsin's photo ID law is both unconstitutional and a violation of the Voting Rights Act --- a finding later echoed by a federal District Court in Texas as well. Posner's dissent obliterates the factual premise that had served as a pillar upon which his, and subsequently the Supreme Court's, decisions in Crawford were based.

Polling place photo ID laws do not promote voter confidence in the integrity of elections, as Posner and the Crawford Supreme Court plurality had erroneously assumed. The assertion that they do was a "mistake" --- Posner's mistake! --- and he now admits as much, with the support of devastating new data from recent studies to back him up.

His powerful dissent amounts to more than just a response to the Wisconsin GOP's new Photo ID voting law. It is an elegant plea that the U.S. Supreme Court finally right a grievous wrong that he was personally responsible for. Posner presents an astonishing, air-tight case for ruling that all "strict Photo ID laws," which, as he demonstrates, have only been enacted in states sporting GOP-controlled legislatures, must now be struck-down as unconstitutional...

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IN TODAY'S RADIO REPORT: GOP anti-environment wish list makes it into "Cromnibus" bill; Crunch time at UN climate treaty talks in Peru; Worldwide calls for an end to fossil fuels; Australia goaded into joining UN Green Climate Fund; PLUS: 'Freedom Industries' boss facing accountability for West Virginia chemical spill... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Russia’s militarization of the Arctic; 7 psychological reasons stopping action on climate change; Study gauges total plastic pollution in ocean; The big hidden energy story unfolding - and it's not oil; Unraveling the El Nino mystery; Should solar homeowners pay for grid maintenance? ... PLUS: How Solar Power Could Slay the Fossil Fuel Empire by 2030... and much, MUCH more! ...

In the tiny seaside town of Long Island, Maine --- and for the national media that followed it --- it was an inscrutable mystery fit for Murder She Wrote's Jessica Fletcher. Except that it wasn't murder at the heart of this mystery, it was a potentially 'stolen' election, which, upon additional investigation, has now been 'unstolen', with the state Senate candidate rightfully elected by the people of Maine's District 25 finally set to take her seat in the state legislature after another dramatic turn of events this week.

We recently detailed the fascinating story of 21 "phantom ballots", all cast for Republican state Senate candidate Cathleen Manchester, which, when reportedly "discovered" during a November 18th recount of the very close Maine Senate race, ended up flipping the results from the slim victory Democratic candidate Catherine Breen thought she had achieved on Election Night to a "win" for her GOP opponent.

The tantalizing mystery in the town of Long Island included 171 ballots tallied by hand there on the night of the November 4th election and the same number of voters confirmed to have voted in the town's official Voter Manifest, either by absentee ballot or at the tiny town's only polling place.

Like the public hand-count of all the town's ballots at the end of Election Night, Long Island's only polling place was overseen all day by its Town Clerk Brenda Singo (who, over the past week or so, had strangely, yet repeatedly refused to answer what we thought were fairly simple, straightforward queries from The BRAD BLOG about the town's precinct-based Election Night hand-count and the chain of custody process thereafter for its hand-marked paper ballots.)

During the recount of paper ballots in the seven towns comprising Maine's Senate District 25, however, a funny thing happened. 21 "new" ballots showed up in Long Island, all for the Republican Manchester, resulting in her being certified as the "winner" of the recount overseen by the Secretary of State's office and the Democratic Breen's subsequent contest of the recount results falling to the Republican-majority state Senate to be investigated and ultimately decided there.

Before the Special Committee, comprised of four Republicans and three Democrats, could convene, the outcome didn't look good for the Democrats. The GOP majority "provisionally seated" Manchester, despite strenuous objections from state Dems.

The resolution of the mystery on Tuesday, however --- which resulted in one state official declaring "I'd eat my hat if I had one" --- has flipped the final results back to the Democrat once again, cleared the Town Clerk Singo and other election officials of further suspicion and, as we noted in our original report, underscored once again the undeniable fact that hand counting hand-marked paper ballots at the precinct on Election Night is the most reliable and publicly overseeable way of assuring that election results actually reflect the true intent of the voters...

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IN TODAY'S RADIO REPORT: Germany's biggest utility spins off its fossil fuel assets; Are fossil fuel companies running scared? Florida punishes homeowners for not polluting; PLUS: MSNBC's big infomercial for Big Coal... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Scientists predict green energy revolution after incredible new graphene discoveries; See what your city will look like with rising sea levels; NASA: rate of Antarctic ice melt triples in a decade; CO2 emissions produce maximum warming in 10 years; India considers emissions peak 2035-50; Russia's proposed pipeline falls victim to low prices; MIT: no health impacts from wind turbine noise ... PLUS: The Way We Weren’t: Inhofe Singles out Streisand as Global Warming Hoaxer in Chief... and much, MUCH more! ...

An election fraud mystery has emerged in Maine's tiny Town of Long Island. The strange case has not only changed the previously announced "winner" of the election, but the contested results affect the entire state Senate and are now the subject of an investigation demanded by the Maine Democratic Party.

On Election Night this year, Democrat Catherine Breen reportedly won the race for state Senate by a very slim 32 votes in Maine's Senate District 25, according to the then-unofficial tally. However, during a hand recount of the votes last week, 21 previously unaccounted-for ballots were discovered to be in the locked Long Island ballot box. All of the "new" ballots included votes for Cathleen Manchester, the Republican candidate who had requested the recount.

Those 21 "new" ballots were above and beyond the 171 votes counted by hand on Election Night (which proved to be an otherwise perfect count) and the 171 voters listed as having voted on the "voter manifest" at Long Island's only precinct.

The "new" votes, combined with a few other adjustments to the tallies in the 25th District's six other towns, were enough to reverse the results, giving an 11-vote victory to the Republican candidate after the recount, even as neither party is able to explain the appearance of the "phantom ballots" in Long Island...

For what it's worth, just a quick note in response to some of the folks who either disagreed with or were otherwise disgruntled by my observation over the weekend explaining why I believe that "Not Voting IS a Vote", following the 36% voter turnout during the midterm elections.

Though I said I thought it was a "dumb vote", I also noted that "it was a landslide". The central part of my argument, in response to politicians and pundits who blame the American people (rather than themselves) for the fact that 64% of the registered electorate didn't turn out, was this:

Some seem a bit irritated with me for pointing that out. But on Monday night, Sen. Bernie Sanders (I-VT) was on The Colbert Report (full interview posted below), making a pretty impressive play for a Presidential run in 2016.

During the conversation, Colbert asked him for a response to the "Red Tide" results of the 2014 elections and whether it signaled bad news for Democrats as a rejection of "liberal philosophy". Here was Sanders' concise answer:

Hmm. Sounds familiar.

(Don't hate the playa; hate the game.)

Colbert's complete 11/17/2014 interview with Sen. Bernie Sanders follows below...