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Latest Featured Reports | Saturday, December 21, 2024
Trump Gets Trumped in Our Musky Year-End Roundtable: 'BradCast' 12/19/24
Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
'Green News Report' 12/17/24
  w/ Brad & Desi
Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gas exports would drive up prices for Americans...
Previous GNRs: 12/17/24 - 12/12/24 - Archives...
About Some of Trump's
'Day One' Threats:
'BradCast' 12/18/24
Guest: Joshua A. Douglas on voting laws and a President's power to change them; Also: House panel to release Gaetz report; Trump's plan for reversing Biden climate, energy initiatives...
Trump Family Corruption Cometh...So Does Our Oppo-sition: 'BradCast' 12/17/24
Immunity denied to felon Trump in NY; The Family's crypto-corruption on display in UAE; On overcoming 'militant pessimism'...
'Green News Report' 12/17/24
  w/ Brad & Desi
'Apocalyptic' cyclone slams Indian Ocean island; Malaria on the rise; Swiss ski resort gives in to climate change; PLUS: Biden EPA finally bans cancer-causing chemicals...
Previous GNRs: 12/12/24 - 12/10/24 - Archives...
Mistallied Contests Found in OH County, as Oligarchy Rises in D.C.: 'BradCast' 12/16/24
Also: FBI informant 'guilty' to lies about Ukraine 'bribes' to Bidens; Trump Cabinet donated millions; Tech/media billionaires pay tribute...
Sunday 'Barrel Bottom' Toons
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Trump Admits He Can't Lower Grocery Prices (Biden Just Did): 'BradCast' 12/12/24
Also: 1,500 commutations; I.G. report on FBI and 1/6; NC Repubs's massive power grab; Dick Van Dyke sends us home smiling...
'Green News Report' 12/12/24
  w/ Brad & Desi
Firefighters struggle to contain ferocious Malibu wildfire; The planet is getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
Previous GNRs: 12/10/24 - 12/5/24 - Archives...
What 'Unprecedented and Powerful Mandate'?: 'BradCast' 12/11/24
Guest: Marquette Univ.'s Julia Azari; Also: Malibu fire expands; FBI Dir. to quit; New charges in WI 2020 fake Trump Elector plot...
Trump Barely Won Nationally, But Won 'News Deserts' By a Landslide: 'BradCast' 12/10
Guest: Veteran media reporter Paul Farhi; Also: Trump DoJ spied on Kash Patel...
'Green News Report' 12/10/24
UK's deadly back-to-back storms; China's EV boom eroding global demand for oil; PLUS: Time running out to cash in on Biden's climate law incentives...
Bad Weekend for Authorit-arianism; Also: To Pardon or Not?: 'BradCast' 12/9/24
Syria falls, S. Korea on the brink, Romania to rerun Prez election after Russian interference; Callers ring on whether Biden should issue preemptive pardons...
Sunday 'Teeny Tiny' Toons
THIS WEEK: What Mandate? ... Cabinet Medicine ... Concept Plans ... Pardon-pocrisy ... and more! In our latest collection of the week's itty bittiest toons...
Fox 'News' and GOP Get Their Hateful War on Trans Kids at SCOTUS: 'BradCast' 12/5/24
Guest: Law Dork's Chris Geidner; Also: Island nations fight for survival at U.N. High Court...
'Green News Report' 12/5/24
U.N. court to rule on landmark climate case; NC town sues Duke Energy for deception; S. Africa blocks new coal plants; PLUS: Global warming driving drought in U.S...
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VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
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GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Guest: Rep. Hank Johnson (GA-4), on his bills to expand the Court, impose term limits and ethics rules for 'unaccountable', 'corrupt' Justices; Also: TN's Thursday primaries and unverifiable voting systems...
By Brad Friedman on 8/4/2022 6:49pm PT  

I suspect you'll get much more out of listening to today's BradCast than I can possibly share in this summary. Hearing my conversation with the Congressman --- who has a very dry wit --- is also much, much funnier than reading about it. [Audio link to full show follows below this summary.]

But, before we get there today, voters in Tennessee were voting in their midterm primaries on Thursday. Yes, on a Thursday! In a state where the right-wingers who run it aren't all that interested in democracy, apparently. Otherwise, they would hold primaries on a normal Tuesday, and they wouldn't have upended a state law passed years ago --- when Democrats held the legislative majority there --- to move from unverifiable touchscreen voting systems to hand-marked paper ballots. A story today out of one of their counties where a touchscreen system appears to have failed for one of their voters (described misleadingly in the report as "a rare glitch") underscores this point and my continuing, expanding, years-long nightmare.

Then, we're joined by REP. HANK JOHNSON, Democrat from Georgia's 4th Congressional District and Chair of the House Judiciary's Subcommittee on the Courts, for a detailed and lively discussion about his ongoing attempts to bring accountability to what he describes as the "corrupt system" embodied by today's U.S. Supreme Court.

In April of last year, Johnson introduced the Judiciary Act of 2021, a simple, single paragraph bill [PDF], co-sponsored by a number of House colleagues and Sen. Ed Markey (D-MA) who declared, at the time, that when "Republicans stole the Court’s majority" they "undermined its legitimacy, and threatened the rights of millions of Americans". Over a year later, with little progress for the measure, after a full term with the Republicans' packed majority now having run roughshod over longstanding Constitutional rights and Court precedents --- on everything from the rights of voters to those of detainees, to gun safety and the environment and, of course, privacy rights and reproductive freedoms --- the bill's sponsors held another press event last month in front of the Capitol to try and bring focus to the need to, as Johnson describes it today, "re-balance the Court away from this current 6-3 rightwing extremist majority that was packed by Mitch McConnell, Donald Trump, and the Federalist Society."

This week Johnson also introduced another measure --- this one, just three pages [PDF] long --- called the Supreme Court Tenure Establishment and Retirement Modernization (TERM) Act of 2022, to introduce term limits for Justices and mandating that new appointees shall be appointed solely by each President in the first and third years of their terms.

"It would establish an 18-year term limit for Supreme Court Justices, if that legislation passes --- and it needs to pass along with the Judiciary Act to expand the Court. We don't really need Justices letting the grass grow under their feet, becoming insulated and removed from accountability from the public", Johnson charges. "You can appoint a conservative judge, but that judge's views would have to end up being subject to being replaced by another judge at the end of that judge's tenure. So, in this way, we give every President the opportunity to appoint new blood into the Supreme Court. Keep the Supreme Court from getting old, stale, and rotten, as it is now...starting with the Honorable Clarence Thomas. "

The Georgia Congressman has also introduced the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act of 2022 [PDF], recently marked-up in the Judiciary Committee to bring ethics reform to the High Court, where Justices currently are allowed to police themselves and are exempt from the judicial ethics rules and requirements which govern the rest of the federal judiciary. That, he asserts, has brought us to the "corrupt system" we have to today.

"The Supreme Court can simply decide to ignore all of the cases it chooses to ignore, and cherry-pick cases that have been inserted into the legal pipeline by activists who are intent on getting their way in the United States Supreme Court," says Johnson. "These are the same activists that have these same Supreme Court Justices traveling to exotic locations to be wined and dined, to deliver a speech to the assembled audience, who happen to be stakeholders in one position or another, that they want to insert into the Court and have the Court decide it their way."

"This is the system that we have now, with the Court being able to select a few cases in the pipeline, for that pipeline to be packed with issues that are ripe for these rightwing Justices carefully indoctrinated through their law school years with Federalist Society 'free market' thinking," the Congressman continues. "They have gotten the jobs with the law firms and with the prosecutors' offices that put them on a track to be nominated by a Republican to a judgeship. And they preside over the judgeship and then they get elevated to the United States Supreme Court, after being recommended by the same Federalist Society that indoctrinated them from law school and secured the job for them. These Justices are primed to rule in favor of the rightwing, 'free-market' capitalist interests that put them in the pipeline. It's a corrupt system that we have at this point, and Congress definitely is in position to do something about it."

Johnson has created a website called CourtReformNow.com to detail these measure and many others in order "to do something about it."

That said, many of these long-overdue reforms have had trouble gaining traction in Congress. I ask the Congressman if there is any reason, for example, that his Subcommittee couldn't call in Justice Thomas (who he describes as "ethically bankrupt") to discuss years of impropriety, not to mention the hundreds of thousands of dollars those same activist groups have given his wife Ginni. (She was also recently revealed to have been a key player in helping Donald Trump to try and steal the 2020 Presidential election.) In response, Johnson offers a fascinating --- and amusing --- insight into how the House and its leadership work. That alone is worth tuning in for. But, the central point is that Committee and Subcommittee Chairs don't necessarily have the final say on what those committees may do and who they may call in for testimony. Moreover, as Johnson collegially chafes against some of those restrictions, he also underscores the need to "educate my colleagues about the power that we have and the need for us to use the power."

At "a political moment when the future of our democracy, our freedoms, are at risk," he notes, pressure from the public "has a lot of bearing" on what Committees and the Party itself in Congress are able and allowed to do.

As mentioned, tune in for this one for a much more expansive and colorful explanation on all of this.

Finally, Desi Doyen joins us for our latest Green News Report with a very "sexy" close to today's show...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Critical lessons (and warnings) from primary results in AZ, KS, MI, MO, WA, OH; Also: IN Rep. Walorski killed in crash; A farewell to Vin Scully...
By Brad Friedman on 8/3/2022 6:07pm PT  

Look at the faces in that photo. Those are the faces of people grappling to understand a profound truth that they simply had no idea about prior to Tuesday night. Those faces should serve as inspiration for every Democrat and/or progressive on the ballot in every race in all 50 states between today and November 8. And as a warning for every Republican.

On today's BradCast, selective, noteworthy, curated results --- or what is known about them, unofficial, incomplete or otherwise --- from Tuesday's primary elections in six states, Arizona, Kansas, Michigan, Missouri, Washington and Ohio. (And several problems for voters in Pinal County, AZ.) [Audio link to full show is posted below this summary.]

Of course, the biggest news from Tuesday, hands down, was the stunning landslide rejection of a state constitutional amendment in Kansas that would have allowed the state's Republicans to restrict and/or ban abortion rights. (That's what the folks in that photo were just learning about.) It was the first statewide vote on the matter anywhere in the nation since the newly extremist, far-right, radical, activist, corrupt, Republican U.S. Supreme Court majority overturned 50-years of Constitutionally protected rights and freedoms by striking down 1973's Roe v. Wade decision.

Even in the theoretically "conservative" state of KS, voters soundly rejected that proposed Amendment with their "NO" votes by a stunning 18 points over "YES" as of airtime. The "NO" vote did well in large and small, rural and urban, Democratic and Republican counties alike. Turnout, thanks to this measure --- in a midterm primary where Republicans assumed few would notice --- was enormous and at levels normally seen in Presidential primaries or even mid-term general elections in the recent past.

The question now is whether Democrats will finally have the confidence and courage to run on this issue, following the overturning of Roe in June, in every state in the country and for virtually every office on the ballot from Governor to Attorney General to District Attorney to County Sheriff to state Judge to state Supreme Court Justice. And, whether Democrats will be able to capitalize on Josh Marshall's "Roe and Reform" campaign that he's been pushing hard at Talking Points Memo, calling for a very specific promise to voters from Democrats on the federal level: Let us hold our House majority and give us two more seats in the Senate and we vow, come January 2023, to reform the Senate filibuster to codify the protections of Roe into federal law, guaranteeing privacy rights and reproductive freedom in all 50 states.

Nothing short of that very specific "You give us that, we'll give you this" promise will do, as Josh has smartly been explaining for weeks now. We have long argued ourselves that candidates must give voters something very clear and specific to vote for. When they do, as proven on Tuesday in Kansas --- where the stakes were crystal clear, and voters knew exactly what they would get from their one single vote --- they will respond in large numbers.

Of course, all of this also further underscores the argument I've been making for months that Democrats and progressives must ignore the "conventional wisdom" from so-called political professionals about the historical odds of impending doom this November. These are decidedly UNconventional times, proven once again in KS yesterday.

Beyond that very encouraging news on Tuesday, there was still more good news in both the Secretary of State and Attorney General races in KS; Somewhat disappointing news in the MO race to fill the U.S. Senate seat being vacated by retiring Republican Sen. Roy Blunt; Potentially concerning news out of MI's Republican gubernatorial contest, where a well funded, Trump-backed loon will run against the state's popular Democratic Governor; And wildly troubling news out of AZ on the Republican side in the contests for the Gubernatorial and Sec. of State nominations, in what could turn out to be two of the most critical races in the nation this November.

All of that and many other races covered and explained, with context, on today's busy show.

Finally, we close with some tragic news on the death this afternoon of Indiana's 58-year old Republican Congresswoman Jackie Walorski and two of her young staffers in an automobile accident. And, some pleasant thoughts following the passing on Tuesday night of Hall of Fame broadcasting legend Vin Scully at age 94. He served as the inimitable and nationally recognized voice of Dodger baseball --- in both Brooklyn and Los Angeles --- for 67 incomparable years...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Anti-choicers embracing 21st century 'Fugitive Slave Act' mentality
UPDATE 7/26/22: Oklahoma threatens librarians with job loss/fines/jail if they say 'abortion'...
By Ernest A. Canning on 7/25/2022 10:05am PT  

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

"When women are compelled to carry and bear children, they are subjected to 'involuntary servitude' in violation of the [13th] amendment" -- Andrew Koppelman, Northwestern Univ. Law Review (2010)

The moment the U.S. Supreme Court handed down its opinion in Dobbs --- the case in which five of the Court's six right-wing Radicals in Robes voted to completely overturn Roe v. Wade (1973) --- it resurrected a cruel and grotesque division between States that had not existed since the end of the American Civil War.

In 1860, prior to passage of the 13th, 14th and 15th Amendments, the very existence of a "United States" was under a grave threat due to an unsustainable, race-based divide between Slave States and Free States.

Today, courtesy of Dobbs, our nation finds itself mired in an unsustainable, gender-based divide between Free States, where a woman's reproductive liberties are preserved, and Slave States, where reproductive liberties no longer exist. (Andrew Koppelman's 2010 paper argued that "forced pregnancy" doesn't just deprive women of their "individual liberty". It also denies Equal Protection under law guaranteed by the 14th Amendment because that "deprivation is selectively imposed on women.")

The immediate impact of Dobbs was felt in Ohio, where the only option available to the parents of a 10-year old rape victim was to flee to neighboring Indiana so that their child would not be forced to carry the rapist's baby to term. But even the liberty that 10-year old's parents took advantage of is now threatened by a gender-based, Fugitive Slave Act mentality...

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Guest: Sarah Lipton-Lubet of Take Back the Court; Also: Biden positive for COVID; Report finds Newsmax lying even more than Fox 'News' about J6...
By Brad Friedman on 7/21/2022 4:08pm PT  

When you thought things couldn't get any more insane (nobody actually thought that, did they?), 79-year old President Biden tests positive for COVID. The White House says he is suffering only "very mild symptoms". We'll hope it stays that way and he gets well soon. Meanwhile, we're still busy trying to save the world on today's BradCast. [Audio link to full show is posted below this summary.]

Tonight, the bipartisan House Select Committee investigating Donald Trump's Jan. 6, 2021 insurrection at the U.S. Capitol and his many other attempts to steal the 2020 Presidential election, holds the last of their summer series of blockbuster public hearings, for now. We'll see if Fox "News" bothers to carry this one, since they didn't last time, choosing to run an ad-free episode of Tucker Carlson's show instead. God forbid their groomed viewers turn away during commercials for even a second and learn any actual news.

But, of course, Fox isn't the only rightwing TV channel lying to their viewers day in and out about these remarkable, historic hearings, the deadly events of January 6, and all of the other ways Trump tried undermine American democracy. A new report finds that Newsmax is duping their viewers even worse than Fox, if that's possible, broadcasting at least 40 false claims about the J6 attack since the Committee's hearings began last month. Among the station's lies peddled repeatedly to their easily-played viewers: There were only a few hundred rioters in the Capitol that day (DoJ pegs the number at around 2,000); They were "unarmed" (except for all of the guns, knives, pepper spray, spears, brass knuckles, baseball bats, etc.); and that Trump ordered the National Guard to the Capitol, but was blocked by Nancy Pelosi (the President, not the Speaker of the House, commands the National Guard.)

In any event, whether Fox or Newsmax carry tonight's hearings and/or lies about them, we'll tell you the truth about them on our own Special Coverage on tomorrow's BradCast.

Today, we discuss the need for the long-overdue expansion of the Supreme Court. New polling finds approval of the Court has plummeted over the past two years. According to Marquette University Law School's poll today, 66% of Americans approved of SCOTUS in September of 2020. That number is now at stunning 38%. Their survey follows Gallup's recent finding (before the overturning of Roe v. Wade) that confidence in the Court is at an all-time historic low since they began asking the question in the 1970s.

Of course, this comes on the heels of Mitch McConnell nuking the Senate filibuster in order to pack the High Court with Donald Trump's three corrupt, extremist Republican nominees, including one of them (Amy Coney Barrett) just eight days before the 2020 election. That, after McConnell had changed the size of the Court for over a year while refusing to seat Barack Obama's nominee to the seat vacated by Justice Antonin Scalia in February of 2016, because, according to Mitch, the vacancy came just too close to a Presidential election, when the voice of the American people deserved to be heard first.

But now, with SCOTUS closing out its term with an unprecedented spate of radical rulings --- rolling back long-held Miranda rights; throwing out states Second Amendment rights to well-regulate the concealed carry of firearms; further eroding the long-standing Constitutional separation of church and state; blocking the Environmental Protection Agency from protecting the environment through the regulation of carbon pollution; and, of course, overturning the privacy rights and reproductive freedoms established 50 years ago by Roe v. Wade --- it sure seems like a re-balancing (and de-corrupting) is in order!

Given the striking down of privacy rights in Roe, Democrats in the House have been scrambling to codify reproductive freedom into federal law, along with bills that guarantee the right to both interracial and same-sex marriage, and even the right to use contraception. That, after the Court struck down the same privacy rights in 'Roe' that are the basis of those other Constitutional rights that Justice Clarence Thomas called for revisiting in his concurrence to the majority opinion overturning Roe.

But while codifying those rights into federal statute is critical (most House Republicans voted against all of them this week!), expanding the Court, to UNpack and UNsteal it, so that it represents the American people once again is even more critical.

On Monday, a group of Democratic lawmakers called for exactly that, touting their Judiciary Act of 2021 [PDF] which would expand the number of seats on the Court from 9 to 13. But that measure, so far, has not yet even received a Committee hearing, much less a vote on the Democratic-controlled House floor. What gives?

We're joined today by SARAH LIPTON-LUBET, Executive Director of the non-profit Take Back the Court organization, to discuss exactly that. Her group was formed in 2018 to warn of the danger then posed to democracy itself by the GOP's stolen Supreme Court, and to call for its expansion as the only strategy to re-balance SCOTUS after its 2016 theft. [We spoke with Aaron Belkin, the group's founder, back in 2020.)

"Republicans already changed the size of the Court for a year while they blockaded Merrick Garland's nomination. So a Republican power grab, that's just a part of reality. Given that, isn't a world where we fight for what's right better than a world where we surrender unilaterally?," Lipton-Lubet posits today, when I ask her about the fear expressed by some Democrats that Republicans will just take similar action the next time they are in control of both chambers of Congress and the White House. "To folks who are worried about what Republicans might do in the future, I have to say I'm really worried about what they've done already, and about what we need to do to fix the harm that they've caused in the here and now. They've stolen the Court. They've overturned Roe. They've undermined our democracy. And expanding the Court is our only shot at rebalancing the system and regaining those rights."

"This is only headed in one direction," she warns. "The ideologues on the Court are only going to get more radical. They're only going to get more unhinged. I think leaders can lead, or they try to play catch-up later after countless people have been irreparably harmed. And that's really the situation we're in."

"Living under the control of this Court --- it's not tenable. It's not sustainable. It's not going to stand," she argues. "Eventually we are going to get there." So, why are the bulk of elected Democrats, including the President, still pulling their punches and dragging their feet on this? We discuss that and much more with Lipton-Lubet today.

Finally, Desi Doyen has our latest Green News Report on a week that has been so grim for the climate that we're considering a new name for our GNR. Tune in to find out what it might be!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 7/21/2022 9:35am PT  


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IN TODAY'S RADIO REPORT: Cascading consequences of extreme heat are piling up. Scientists warn it will get worse; E.U. warns member nations to conserve gas as Russia tightens its grip; PLUS: President Biden announces plans for Executive Actions to tackle climate change... All that and more in today's Green News Report!

GNR's now celebrating 14 YEARS of independent green news, politics, analysis, snarky comment and connecting climate change dots over your public airwaves!
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IN 'GREEN NEWS EXTRA' (see links below): The terrifying truth: Britain’s a hothouse, but one day 40C will seem cool; Here's how the climate crisis is driving heat waves and wildfires; Diesel fuel spill fouls Bahama's white sand beaches; War and warming upend global energy supplies, amplify suffering; Biden Admin tosses Trump habitat rule curbing protections for endangered species; The science of heat domes and how drought and climate change make them worse; Starvation threat not over for Florida manatees; California forests are vanishing as wildfires burn larger and more intensely... PLUS: 'The scale is hard to grasp': Avian flu wreaks devastation on wild seabirds ... and much, MUCH more! ...

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Guest: Dr. Leah Stokes, UC-Santa Barbara climate policy expert, on what Biden and YOU can do to defeat our climate crisis; Also: UK shatters all-time heat record; MD's gubernatorial primary...
By Brad Friedman on 7/19/2022 6:15pm PT  

It appears to be Climate Week on The BradCast. Who knew? Simultaneous record-smashing heat waves across the globe (as discussed in some detail on our previous show) from Asia to the U.S. to Europe (where more than a thousand have already died because of it) will apparently continue to continue all week and, likely beyond. Especially after recent actions by our corrupt Supreme Court and the corrupt Sen. Joe Manchin. But there is still plenty that President Biden and you can do about it. [Audio link to full show is posted below this summary.]

In Britain, unlike these United States, they have kept records of temperatures for hundreds of years. And never, until today, has the thermometer broken 40 degrees Celsius. Today it did. Smashing 2019's record of 38.7C (or 101.7 Fahrenheit) to hit a remarkable and sweltering 40.3C (or 104.5 Fahrenheit). As Desi helps to put that into perspective today, Britain is more northern in latitude than Calgary, Canada!

While many meteorologists thought, when they saw 40C predicted by computer models a few weeks ago, that it must have been in error, turns out it wasn't. The Chief Scientist at the U.K.'s Met Office today said this kind of temperature in Britain was "virtually impossible" before human-caused climate change.

Here in the U.S., temperatures in much of the country are also breaking records this week, with heat alerts in more than 20 states. All of that on the heels of the corrupt U.S. Supreme Court, last month, making up a pretend "doctrine" to declare that the EPA may not regulate carbon emissions, even though both the Clean Air Act and the Court's own previous ruling mandate that they must. And on the heels of West Virginia's corrupt "Democratic" Senator Joe Manchin, who makes millions --- both personally and to his campaign coffers --- from the fossil fuel industry.

So, what now? Following Manchin's latest Lucy with the football stunt late last week, President Joe Biden declared he would "use every power I have as President to continue to fulfill my pledge to deal with global warming." That pledge includes cuts to man-made greenhouse gas emissions that cause global warming to bring carbon emissions down to 50% of what they were before 2005 by 2030 and to reach net-zero by 2050. But with 50 obstructionist Republicans and (at least) one obstructionist Democrat in the Senate, and a corrupt Supreme Court, what tools are available to Biden at this point?

Plenty, suggests our guest today, DR. LEAH STOKES, author, podcaster, and climate policy expert at U.C.-Santa Barbara. Before we get there today, she offers her thoughts on the corruption of both Manchin and the High Court.

Democrats, she explained, when discussing how far they were willing to go to get Manchin to "yes" on a climate deal, pretty much offered him everything he could have wanted through what amounted to 18 months of his bad faith "negotiations."

"It wasn't far-fetched that he would get to 'yes,' because they were willing to give him a lot of things that he wanted --- things that would have helped invest in jobs in West Virginia. For example, there's a program that helps create manufacturing jobs in coal communities. That was in this package. There was also money for things like carbon capture and sequestration, a technology that Manchin really wants to see happen, as well as hydrogen," explains Stokes. "The [Chuck] Schumer team gave him everything he wanted and he still couldn't get to 'yes' --- claiming that somehow it was inflation, when the reality is that economists have told us that the package would fight inflation."

But, of course, Manchin personally makes millions from his family's coal business. So, as Stokes observes, "It's really not that complicated" as to why he was never negotiating in good faith. "There's that Upton Sinclair quote, 'It's hard to get a man to understand something when his paycheck relies on him not understanding it.' Senator Manchin personally profits from the fossil fuel industry. He's making half a million dollars a year --- that's three times more than his Senate salary --- directly off of fossil fuels. So he is lining his pockets when it comes to the fossil fuel industry. He is in bed with the fossil fuel industry both for his personal profit and for his role as a Senator."

As to the Supreme Court, she notes that, even after their recent opinion, "trying to delay progress from the Biden Administration, just like Sen. Manchin," there are still options left for the President. She explains how "the EPA still retains a lot of authority" and that "the Biden Administration retains very important tools, and they need to start using them right now."

We discuss the potential Executive Actions that Biden can now take --- including the declaration of a National Climate Emergency, which may free up even more actions that he could take --- as well as how his Administration is also now free to block many of the programs that they had been holding out as fig leaves for Manchin (and his fossil fueled GOP pals) on hopes of making a deal, including something called the Mountain Valley Pipeline in West Virginia.

But could the Supreme Court subsequently block Biden's Executive Actions as well? We discuss that too. Ultimately, however, as Stokes wrote in her New York Times op-ed over the weekend, despite Manchin, despite SCOTUS, she ultimately remains bullish. "In the long run," she argued, "fossil fuels are just too expensive, dirty and dangerous."

Whether or not humanity will survive that long, remains a separate question, but Stokes cites actions that not only the President can take, but that Governors across the country are already taking, and actions that we can all take which she explains, make an important difference in this fight.

"We should not underestimate the power that we all have," she says, before detailing a long list of things that individuals should be looking at in "our own lives, looking at the fossil fuels that we use," from moving to electric cars and e-bikes, to induction stoves and heat pumps. Especially in states like California, where "a lot of us are going to need air conditioning who haven't had it in the past, and a heat pump is a clean, electric appliance that both heats and cools your home." She notes that CA's Gov. Gavin Newsom recently passed incentives in the budget "that will pay people $3,000 through their contractors to help them afford to put an electric heat pump into their home."

"The solution is not about sacrifice," argues Stokes. "We're talking about cleaner and better technology. It's not about sacrifice, it's really about better solutions. And that's why we're going to win."

Also today, a preview of the closely contested primary races being held today in Maryland, particularly the race for Governor, in one of the few states where Democrats believe they may have a chance of flipping the seat from Red to Blue.

And finally, as our accidental "Climate Week" continues, Desi Doyen joins us for our latest Green News Report with much more on all of the above...

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One more reason why voters MUST expand progressive majorities this November; Also: Callers ring in on all of the above and more...
By Brad Friedman on 7/18/2022 6:03pm PT  

It was a very hot BradCast today --- in most every way you might imagine. [Audio link to full show follows this summary.]

This week, a billion or so in China are suffering under record extreme heat and humidity. The death toll from relentless record heat, drought and wildfires in Portugal and Spain has now topped 1,000, as the heat spreads to France and the rest of Europe where Ireland and the U.K. are likely to see triple digit temperatures and a red flag extreme heat advisory for the first time.

Here in the states, as AccuWeather reports, sweltering highs approaching 110 degrees Fahrenheit will continue as temperatures "reach their highest levels of the year so far from Rapid City, South Dakota, to Wichita, Kansas, as well as Oklahoma City and Dallas" and everywhere in between. Electric grids, particular in Texas, are under extraordinary stress (the power went out during a Houston TV station's live weather forecast, as they warned of possible power outages) with little immediate relief in sight.

Apocalyptic conditions are now being experienced across the globe thanks to a climate crisis caused by the burning of fossil fuels. That, even as the corrupt, U.S. Supreme Court at the end of last month made up a pretend "doctrine" (the "major questions doctrine", found nowhere in the Constitution or American case law) to bar the EPA from regulating carbon emissions, as mandated by federal statute in the Clean Air Act.

At the same time, corrupt, fossil fuel industry-funded "Democratic" Senator Joe Manchin continues to undermine any and all environmental initiatives agreed to by every Democrat in the U.S. House and all but him (and, to a slightly lesser extent, corrupt AZ Democratic Sen. Kirsten Sinema) in the Senate, designed to curb deadly greenhouse gas emissions.

In short, as Sen. Bernie Sanders made clear over the weekend, Manchin --- whose family literally makes millions from the coal industry, and whose campaign takes in millions from the fossil fuel industry --- "has sabotaged the President's agenda" as our existential climate crisis quickly worsens.

Manchin and all 50 Republican Senators in the upper chamber and every single Republican in the U.S. House continue to prevent Democrats from all efforts designed to save humanity. But, somehow, to some on the Left, it is the fault of Democrats?! And it is Democrats who may be voted out of their majorities in both chambers this November? Really?! What gives?

We open the phones today to some of those very questions, as there are a whole bunch of folks calling themselves progressives out there who are, somehow, blaming Democrats for this mess and many others. We try to have a conversation with a few listeners about that. Tune in to today's lively BradCast to see how it goes!...

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Turning classrooms into the O.K. Corral makes no one safer...
By Ernest A. Canning on 7/15/2022 10:35am PT  

"We must face the truth," Andrew Hairston, Director of the Education Justice Project told the Advancement Project. "More militarized school environments do not address the root causes of mass violence." In fact, noted Jonathan Stith of the National Campaign for Police Free Schools, "Proposals that increase the presence of police, guns, and other militarized approaches to school safety only put gasoline on the fire."

The "truth" or "root cause" of mass shootings is precisely what Wayne LaPierre, the disgraced National Rifle Association (NRA) CEO/VP, sought to evade when, during his 2012 presser following the Sandy Hook Massacre, he ridiculously proclaimed that the "only thing that stops a bad guy with a gun is a good guy with a gun."

Anyone who suggests that safety is to be found in the mythical "good guy with a gun" has never served in combat.

In Vietnam, where I served (1968), we were far better equipped and armed than either the North Vietnamese Army or the Vietcong. We not only had ready access to our deadly M-16 Assault Rifles and other, even more powerful weapons, but also had the ability to call in artillery and airstrikes. Yet, that didn't prevent the deaths of 58,220 of my brothers-in-arms.

Proposals for armed school safety officers and arming teachers are but an extension of LaPierre's infamous and dangerous "more guns make us safer" canard.

Despite an increase in the number of school districts that deploy armed officers on campus, an academic study of mass shootings in the U.S. between 1980 and 2019, published last year by the Journal of the American Medical Association, failed to establish an "association between having an armed officer and deterrence of [school] violence."

Nevertheless, last month, over the opposition of educators, Ohio's Republican Gov. Mike DeWine signed into law a bill that will allow teachers, with some training, to keep a handgun inside their classrooms --- a decision that amounts to a fool's errand....

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GOP TX Reps threaten law firm for out-of-state abortions; Facing contempt trial, leaked Bannon audio reveals Trump scheme to steal 2020; DoJ sues AZ for vote suppression; WI's GOP Supremes ban drop-box voting; GA GOP Senate nom's sad climate change remarks...
By Brad Friedman on 7/13/2022 6:24pm PT  

We've got a grab bag of news items on today's BradCast, though almost all of it ends up making the same case: 'Both sides' are decidedly not the same. [Audio link to full show follows this summary.]

We kick off with some listener mail, critical of our recent show discussing why it's so deadly important to elect Democrats in 2022 in order to have any chance of saving American democracy itself --- and much more along with it --- before 2024. The listener argues that, in fact, democracy no longer exists in the U.S. following 2010's Citizens United ruling by the Supreme Court. He argues that "both of the two major parties" are now so corrupted that "the chances of non-corporate funded candidates" being elected to national office are now "equivalent to nil". While that may come as a surprise to folks like Rep. Alexandria Ocasio-Cortez and Sen. Bernie Sanders, just to name a couple, there are many other reasons our correspondent couldn't be more wrong. We explain why.

The bulk of the news items in the rest of today's program underscore why that lazy "both sides are the same" notion (while founded in fragments of cynically misreported truths) is dangerously wrong. They also underscore how those on the Left who buy into that self-defeating nonsense are being played as assuredly as Donald Trump and his MAGA buddies have played their own gullible supporters.

Among those news stories covered today...

  • Elected Republicans members of the Texas state House, ironically calling themselves the "Texas Freedom Caucus," have sent a letter to a Dallas law firm threatening them with legal "consequences" including "felony criminal prosecution and disbarment" for reimbursing their own employees for out-of-state travel as needed to obtain an abortion, now that Texas Republicans have ended such rights and personal freedoms for residents of the Lone Star State.
  • A Donald Trump-appointed federal judge has laughed Steve Bannon's attempt to delay his pending federal trial out of the courtroom. The trial, on two counts of Contempt of Congress in response to the former Trump aide's unlawful refusal to respond to subpoenas from the bipartisan U.S. House Select Committee investigating the January 6 insurrection and Trump's many failed attempts to steal the 2020 election, is scheduled to begin next week and could result in up to two years in prison for Bannon.
  • At the same time, Mother Jones has obtained leaked audio of Bannon speaking to supporters of his Chinese billionaire pal/funder three days before the 2020 election, explaining that Trump planned to declare victory, whether he won the election or not, and pretend to be the victim of fraud. "He's gonna say they stole it...he's not going out easy...Trump is gonna do some crazy shit," Bannon promised (sound familiar?), as they all laughed about what would become the most dangerous assault on American democracy in our history.
  • DoJ has sued Arizona for violations of the National Voter Registration Act and Civil Rights Act, following the signing of a new voter suppression law earlier this year. Adopted by the state's GOP-dominated state legislature and signed by its Republican Governor, the new measure would block voters from voting in the 2024 election without first presenting documents proving their citizenship.
  • Wisconsin's GOP-dominated state Supreme Court finds absentee ballot drop-boxes are now illegal in the Badger State. Donald Trump declares the ruling to be proof that he actually won Wisconsin in 2020! (He didn't.) And a Republican state lawmaker running for Governor vows to reverse the state's election results in response.
  • In Georgia, a pathetic audio clip from the Republican Party's U.S. Senate nominee, Hershel Walker, discussing climate change --- ("Since we don't control the air, our good air decided to float over to China's bad air. So when China gets our good air, their bad air got to move. So it moves over to our good air space. Then...now we got we to clean that back up.") --- underscores, once again, the sad, cynical (and ill-considered) scheme by GOPers to push this seemingly mentally ill former football star as their candidate to run against Democratic Sen. Raphael Warnock this fall.
  • And finally, Desi Doyen has our latest Green News Report, as wildfires once again threaten California's iconic Giant Sequoias; Utah's Great Salt Lake is drying up; and offshore wind power is booming...in China...

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And why SCOTUS has given us no choice but to elect Democrats in 2022 to save democracy itself in 2024...
By Brad Friedman on 7/11/2022 5:55pm PT  

We had a bunch of excellent callers on today's BradCast. It sounds like many of them heard my warning today. Hopefully you will too. [Audio link to full show is posted below this summary.]

But, first up, on our first show after taking several much-need days off last week, we catch up with just a few of the most noteworthy items from what turned out to be another very busy news week. Among those items...

  • the Independence Day mass shooting in IL;
  • the popular and political uprisings resulting in agreements by both British Prime Minister Boris Johnson as well as Sri Lanka's Prime Minister and President to resign;
  • the horrific assassination of Japan's longest-serving Prime Minister Shinzo Abe (in a nation where just one person, out of population of 125 million, was killed by a gun in 2021);
  • the excellent jobs and unemployment numbers released by the Labor Department last Friday (and, as usual, ignored by the bulk of the corporate media due to everything else);
  • the good news that Rudy Giuliani, Sen. Lindsey Graham and 5 others who served as attorneys for Donald Trump in 2020 have now been subpoenaed to testify by the Special Grand Jury in Atlanta, convened by Fulton County District Attorney Fani Willis, in her criminal investigation of the disgraced former President's attempt to steal Georgia's election in 2020.
  • All of that in advance of another public hearing to be held on Tuesday by the bipartisan U.S. House Select Committee probing the Jan. 6 insurrection and Trump's multiple failed attempts to steal the election from Joe Biden and the American voters.

Then, its back to the issue that I haven't been able to get out of my head since we previously WARNED about it on our last show before taking a break. Specifically, the corrupt, extremist, illegitimate U.S. Supreme Court's announcement that they intend to hear Moore v. Harper next term, in a case that will give the stolen and packed far-right Court majority the opportunity to undermine American electoral democracy as we know it. That is not an overstatement.

If you thought what the Supremes did at the end of this past term --- ignoring the text of the Second Amendment in order to block states' rights to well-regulate firearms; stripping away previously protected Constitutional privacy rights and reproductive freedoms to overturn Roe v. Wade; all but ending Constitutionally-required Miranda Rights for those detained by law enforcement; further eroding what's left of our Constitutional separation between Church and State; and gutting the ability of the EPA to regulate carbon emissions driving our deadly climate crisis, as mandated by Congress --- well, you ain't seen nothin' yet.

As explained, SCOTUS is now set to undermine any and all elections laws for federal elections enacted by state Boards of Elections, Secretaries of States, Governors, state constitutions, state Supreme Courts or even ballot initiatives adopted by voters themselves. The corrupt Republican Court is likely to do this by declaring that Article II, Section 1 of the Constitution mandates that state legislatures --- and only state legislatures --- may determine laws regarding the "manner" of federal elections. Specifically of note in 2024, the way each state appoints Electoral College votes, as the Constitution says, "in such Manner as the Legislature therefore may direct".

In other words, in 2020, while most swing-states had rules, laws and state Constitutional mandates in place declaring that voters shall determine who will win the state's Electoral votes, an opinion by the Court, likely to come as early as 2023 in Moore v. Harper, will free up the gerrymandered GOP-controlled state legislatures in our nation's half a dozen or so swing-states to name anybody they like as the winner of their Electoral College votes, no matter what the Governor, state Courts or, crucially, the voters of those states have to say about it.

It's called the "Independent State Legislature" theory (or doctrine, as the GOP autocrats supporting it describe it.) As we noted in our last show on this, this is not a drill. This is very real, and now even very likely to happen.

While we were away, our friend and colleague Thom Hartmann posted a chilling Twitter thread on the ISL theory/doctrine, detailing just one potential scenario --- which includes thousands of dead bodies in the streets --- which he describes as not "just plausible" but now "probable".

We agree. Thus, we explain the importance of electing Democratic majorities in 2022 in both the U.S. House and Senate as our only hope of defeating this "probable" scenario. If 52 Democrats can be elected in the Senate and the Party is able to hold the House (both tall lifts), then the possibility of filibuster reform in the upper chamber and the expansion of the Supreme Court in order to unpack and uncorrupt it becomes a reality.

As discussed on today's show, the luxury of pretending that "both parties are equally bad" is over, as I see it. And not because I give a damn about protecting Democrats, but because I believe we must protect --- indeed, SAVE --- democracy itself at this point.

Anyway, please tune in for a very lively, if occasionally chilling hour, along with some really great calls from listeners on all of this in the second half...

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Election law experts are freaking out over corrupt Court's plan to legalize stolen elections; Also: Ginni Thomas lied about J6 testimony; Defamation suit proceeds against Fox 'News'; Internet Voting scheme dead in CA...
By Brad Friedman on 7/1/2022 6:49pm PT  

We have a very serious warning for voters about elections and American democracy and the corrupt U.S. Supreme Court on today's BradCast. Please tune in and listen! [Audio link to full show follows this summary.]

To quickly summarize my half-hour or so long rant at the top of today show...On Thursday, as discussed on our previous show with legal expert Mark Joseph Stern, the corrupt, radical, illegitimate, not-conservative-in-the-least U.S. Supreme Court used a made-up, phony legal doctrine --- the "Major Questions" doctrine --- to justify gutting the Environmental Protection Agency's statutory mandate to protect the environment by regulating climate warming carbon emissions. The so-called doctrine, not found anywhere in the Constitution or historic case law, was made up for use by the Court's rightwing extremists. They are now about to do something very similar in order to gut federal elections and American democracy as we know it in advance of the 2024 Presidential election.

In their last order of business, before the end of this past year's term on Thursday, the Court announced that next term they would take up the North Carolina case of Moore v. Harper. The case involves a voter challenge to the state GOP's newly-drawn U.S. House maps. The NC state Supreme Court agreed the map was an unlawful gerrymander under the state constitution and drew up a fairer map. But North Carolina Republicans sued, charging that state Supreme Court was not allowed, according to the U.S. Constitution, to nix the GOP gerrymander due to the so-called "Independent State Legislature" theory. In short, it's a made up "doctrine" --- not unlike the "Major Questions" doctrine used to justify gutting the EPA --- that has been pushed for a number of years by fringe Republicans.

The ISL doctrine cites some lines from the U.S. Constitution to argue that state legislatures and only state legislatures --- not Boards of Elections or Secretaries of State or Governors or even state courts or Constitutions or popular ballot initiatives adopted by voters --- may dictate how federal elections are run. That is a job solely granted to state legislatures, according to this previously-fringe theory.

It was one of the failed arguments under which Donald Trump supporters tried to claim that emergency pandemic voting rules adopted by state officials (other than the state legislature) were unlawful in 2020. It was also one of the arguments pushed by rightwingers that state legislatures could have simply voted to name Trump electors in states where the voters actually chose Joe Biden's electors.

The "Independent State Legislature" doctrine has never been granted legitimacy by a majority on the U.S. Supreme Court. But, earlier this year, four of the Court's six radical Republicans --- Thomas, Alito, Gorsuch and Kavanaugh --- called for the Court to examine the issue more closely. They now need just one more vote to recognize this controversial Constitutional claim as "legitimate", which is why so many in the election law world are freaking out today after SCOTUS announced yesterday that they will hear 'Moore v. Harper' next term.

Usually, quite staid UC Irvine law professor Rick Hasen's argues "It's hard to overstate the danger" of this case. Vox's Ian Millhiser describes the "grave threat to US democracy" it presents. You --- and elected Democrats(!) --- should be freaking out at this point as well. Or, at least, understanding what is about to happen to what is left of our representative "democracy" if this switch gets thrown by the newly emboldened and radicalized Court.

Given the many radical, not-conservative-in-least rulings over the past several weeks by the six far-right extremists on this stolen and packed Court --- overturning Roe v. Wade, blocking the ability for states to well-regulate firearms, eroding the separation of church and state, all but gutting Miranda rights, further gutting the Voting Rights Act, and torching the EPA's ability to regulate deadly carbon pollution --- we should all be very concerned about what this Court is likely to do regarding Moore in 2023...in advance of the 2024 Presidential election.

We put the case in full context on today's BradCast, and detail why its so important to elect enough Democrats this November --- love them or hate them --- to hold the majority in the House and add enough Democrats to the Senate to finally reform or end the filibuster in order to codify Roe and respond to many of the other matters mentioned above, as well as finally expand SCOTUS to re-legitimize the de-legitimized Trump/McConnell/Roberts Court before they unleash every manner of electoral chaos --- and outright "legalized" stolen elections --- in advance of 2024.

PLEASE. PAY. ATTENTION. TO. THIS. CASE!

Beyond that red flag warning at the top of today's show, and before standing down for a few much-needed days off next week, we also catch up on several other news items of note that we've had to put off over the past week or so due to Congressional hearings, primary elections, and wholly corrupt Supreme Court opinions. Among them...

  • After rightwing activist Ginni Thomas, wife of rightwing activist Justice Clarence Thomas, was revealed to have been deeply involved in Trump's effort to steal the 2020 election, she was invited to testify to the bipartisan U.S. House Select Committee investigating the January 6, 2021 insurrection. She received much coverage when she announced she would be happy to do so, declaring, "I can’t wait to clear up misconceptions. I look forward to talking to them.” You'll be shocked to learn that Ginni was lying. This week, her attorney said she will not testify because there is "not...a sufficient basis" for the Committee to interview her under oath.
  • A judge in Delaware has found that Dominion Voting Systems has presented sufficient evidence to determine that Rupert Murdoch and his son Lachlan of Fox "News" may have acted with "actual malice" when causing their Republican propaganda station to broadcast false claims that the voting system vendor helped steal the election for Joe Biden. The judge ruled that the billion dollar defamation suit against Fox may now proceed toward trial.
  • Here in California, where we recently reported on the attempt by some Democrats in the state legislature to adopt an insane Internet Voting scheme, we've got some good news. After passage in the state Senate, the matter was killed in the state Assembly following critical work by grassroots voting system and cybersecurity experts in opposition and a letter from the Sec. of State opposing the measure as well. But CA Dems keep trying to this, year after year, so watch out for another attempt in future sessions.
  • Finally, Desi Doyen joins us for our latest Green News Report on the heels of SCOTUS gutting the EPA's ability to regulate carbon emissions amid our deadly climate crisis and much more...

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Guest: Slate's Mark Joseph Stern on that and much more on the final day of the corrupt rightwing Supreme Court's unprecedented term...
By Brad Friedman on 6/30/2022 6:23pm PT  

On today's BradCast: It was the grand finale at the end of a U.S. Supreme Court term like no other. Now that its packed with rightwing extremists, the unleashed activists on the GOP's illegitimate 6 to 3 U.S. Supreme Court pretended on Thursday that the text of the written law doesn't say what it actually says, in order to offer a parting gift for the year to the fossil fuel industry --- as the nation and globe burn.

The Clean Air Act, as Justice Elena Kagan wrote [PDF] on behalf of the three dissenters, "directs the EPA to regulate stationary sources of any substance that 'causes, or contributes significantly to, air pollution' and that 'may reasonably be anticipated to endanger public health or welfare.'" She made clear that, as the Court has determined on multiple occasions, the Environmental Protection Agency "serves as the Nation's 'primary regulator of greenhouse gas emissions.'"

But, never mind all of that. On Thursday, writing for the Court's far-right majority in West Virginia v. EPA --- and ignoring its own precedents --- Chief Justice John Roberts pretended none of those mandates existed in the law adopted by Congress in 1963 and amended a number of times over the years. Despite any actual existing Administrative rule to regulate carbon emissions by coal and gas-fired power plants --- Barack Obama's Clean Power Plan was put on hold by the Court years ago, and Donald Trump's scheme to restrict the EPA's power to do so was rejected by lower courts --- SCOTUS took up this coal-industry sponsored law suit and gave them pretty much everything they sought, text of the written law be damned.

As they did when striking down the Administration's vaccine-or-test mandate, the Court once again invoked their newly invented "Major Questions" doctrine in order to declare that any issue that may be controversial in any way may not be decided by the scientists and experts at the federal agencies created to handle such things. Instead, they must be specifically directed, by Congress, to do so. Because the Clean Air Act, which tasks the EPA with regulating dangerous pollutants --- such as carbon released by coal-fired power plants, currently exacerbating our deadly climate crisis --- doesn't actually cite "carbon" specifically, the Trump/McConnell/Roberts Court has now declared the federal agency may take no action to help reduce it. Never mind their own previous findings and, of course, the number of Americans who will die because of this ruling.

The opinion was as predictable as it is corrupt. We're joined today by the great MARK JOSEPH STERN, legal journalist and Constitutional law expert at Slate, to discuss the opinion that will not only limit the EPA from doing the job it has already been tasked with by Congress, but prevent many other federal agencies from carrying out their mandates as well. It's all part of the corporate rightwing's long "war on the Administrative State". And it's a war they are now winning --- and we are all losing.

"Massachusetts v. EPA held that the federal government must --- not can, but must --- regulate and limit carbon emissions in the United States because carbon is a pollutant under the Clean Air Act, and thus the EPA has a legal obligation to institute guidelines that reduce the level of greenhouse gases the US is emitting," Stern emphasizes, noting that today's opinion in West Virginia v. EPA "involves a regulation that does not exist."

Nonetheless, "the Supreme Court decided to take it up just to stop Joe Biden from trying" to regulate the greenhouse emissions now warming our planet at an alarming rate. "The Supreme Court," Stern adds, "decided to simply slap limitations on [the Clean Air Act] that do not exist in the text because they do not like it as a matter of policy."

As to the so-called "Major Questions" doctrine, argues Stern, "It's hard to define, because it is made up." It's not in the Constitution and, as far as he can tell, "it comes from Brett Kavanaugh's brain. This was his idea when he was on the lower court, to try to smuggle in a kind of anti-regulatory agenda into what looks like statutory interpretation."

"The basic idea is that if an agency tries to take some kind of very consequential action, that has a serious and vast impact on the people, or the economy, or private industry, then that is a 'major question', and the Congress has to give the Agency an extremely granular and explicit permission slip to do what it wants to do, otherwise the courts will block it. The problem with this test that should be clear, is that it is totally subjective. What looks like a major question to you may look like a frivolous question to me, and it really shifts policy-making over to unelected judges from experts in federal agencies."

Of course, this is just one of the many reasons I don't refer to these people as "conservatives". They don't merely interpret the law and the Constitution, as they claim. They make shit up to justify their politics. They are the "activists legislating from the bench" that Republicans pretend to oppose --- when they are trying to block Democratic appointees from positions on the bench.

There is much more today from the wise and colorful Mr. Stern, on this matter; on a separate (largely good news) ruling from the Court today on immigration policy; on the Court's opinion last week that begins to gut the famous Miranda Rights (the right to remain silent, to an attorney, etc.) for people who are detained by law enforcement (a "sleeper case" overlooked because it came on the same day that the Court overturned Roe v. Wade); on what will or can happen once the illegitimacy of this Court becomes clear to all; and on Justice Stephen Breyer's last day on the Court today before Justice Ketanji Brown Jackson was sworn in as its first-ever black female jurist.

As if that's not enough, a ruling this week by SCOTUS overturned a lower federal court that found Louisiana's newly gerrymandered Congressional District map to be an unconstitutional violation of the Voting Rights Act. The lower court ordered another black majority District to be created, as state Republicans had only one among six, in a state where one-third of population is black. The ruling was similar to another in Alabama, which SCOTUS also struck down recently, ordering both states to use the gerrymandered and unconstitutional House maps drawn by Republicans for this year's critical 2022 midterm elections.

Does this signal the Court intends to overturn the entirety of the landmark Voting Rights Act, as they did with Roe? "Yes," Stern answers, before explaining how "really, they've already done it."

And then there's the new case that SCOTUS announced today they will take up in their next term, as their destruction continues. It's an election case out of North Carolina to allow the Court to create another pretend legal notion that the Right calls the "Independent State Legislature" Doctrine.

"I am terrified about this case," Stern says, as it will almost certainly be decided to allow "state legislatures to appoint electors in the Electoral College to the losing candidate in a Presidential race. Which is exactly what Donald Trump wanted them to do in 2020, and what Ginni Thomas was urging legislators to do while her husband was trying to institute this theory."

"The American people are in deep, deep, DEEP trouble," he warns.

Please "enjoy" today's program!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 6/30/2022 11:28am PT  


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IN TODAY'S RADIO REPORT: Rightwing U.S. Supreme Court strikes major blow to EPA's ability to regulate carbon emissions; Residential natural gas stoves leak carcinogens, even when off, study finds; PLUS: Clean energy jobs are booming! Fossil fuel jobs not so much... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Supreme Court limits historic McGirt ruling; John Oliver on water, drought in the West; Utilities eye electric transition; Environmental groups sue Biden Administration for resuming oil and gas lease sales; Coca-Cola among brands greenwashing over plastic packaging; Shrimp aquaculture is causing a huge problem; Biden aims at China in new illegal fishing policy framework; Court kills Flint water charges against ex-governor, others; EU countries reach climate-crisis deal; NATO moves to tackle military greenhouse gas emissions even while girding against Russia... PLUS: The Green Revolution sweeping Sweden... and much, MUCH more! ...

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What can be gleaned from the first midterm primary and special election results after the fall of 'Roe v. Wade'...
By Brad Friedman on 6/29/2022 6:14pm PT  

Please pardon the whiplash on today's BradCast, from our special coverage of the blockbuster J6 hearing in the U.S. House yesterday to coverage of election results in eight states today, and what they both may mean for November. But that's our world right now. [Audio link to full show is posted after this summary below.]

Critical midterm primary elections (and runoffs), and one Special Election for the U.S. House were held on Tuesday in Illinois, Colorado, Oklahoma, Utah, New York, Mississippi, South Carolina and Nebraska.

We've learned of a few reported problems for voters at the poll yesterday in several of those states (IL, MS, UT, NY) which we cover first today. Thankfully, they were fairly limited --- at least so far --- and not terribly egregious.

Then it's on to our curated and wholly incomplete coverage of noteworthy races in a number of those states, some of which may be quite telling regarding November and the so-called "Conventional Wisdom" that Democrats are due for a drubbing. That's what history tells us, of course, about the party in power for midterm elections during the first term of an unpopular President. But, given these exceedingly unconventional times, it'd be a sucker's bet and political malpractice --- for Democrats and democracy itself --- to simply presume history will repeat itself this fall.

Among the many results of note covered today: losses for 2020 election deniers and alleged criminals (like Tina Peters, the indicted County Clerk in Mesa County who lost her GOP primary for Sec. of State bigly, even in her own home county) in CO; losses for corrupt climate change deniers and disgraced former Trump officials (like his scandal-plagued EPA Administrator, Scott Pruitt who came in fifth in a GOP primary for the U.S. Senate) in OK; both wins and losses for loyalist Trumpers and anti-choice zealots in IL and CO (with Dems hoping they'd win their GOP nominations, because they'd be easier to defeat in November); a crushing, if satisfying loss for Rudy Giuliani's son in NY; victories and losses for progressive candidates in several states; And, perhaps most notably today, some telling results from the one D vs. R race on Tuesday, a U.S. House Special Election in NE.

As expected, the Democrat lost that special U.S. House race in NE in an exceedingly Republican district in which the GOP candidate won by 22 points in 2020. But on Tuesday, the Republican won by just over 5 points. More interestingly, in the one Democratic-leaning County in the District held by Republicans since 1964, support for the Democrat spiked from +1 in 2020 to +13 on Tuesday, in the first head-to-head election between the two parties since 'Roe v. Wade' was struck down by the radical rightwing U.S. Supreme Court on Friday. Hopefully, Democrats have taken notice.

There are many mitigating factors that could result in this year's midterms defying history and expert predictions. That doesn't mean they will, but they certainly could, particularly if Democrats figure out how to appropriately activate both their base and those who are furious about SCOTUS stripping away a Constitutionally-protected individual right for the first time in our nation's history.

Initial polling in the wake of Roe's demise find the SCOTUS opinion to be exceedingly unpopular with Democrats, of course, but also with independent voters and even a fairly large chunk of Republicans. We take a look at some of those very interesting tea leaves on today's program and what they could mean for November.

Finally, we close with Desi Doyen and our latest Green News Report, in advance of what is probably very bad news indeed for both the climate and the EPA coming from our corrupt Supreme Court tomorrow! But, for today, we've got news about what sparked New Mexico's largest-ever wildfire; Japan's electric grid facing stress under historic record heat; a new leftist climate hawk President for Colombia; and much more....

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Callers ring in; Also: Russia attacks Ukrainian shopping mall; Surprise J6 hearing announced; SCOTUS, at all time low approval, further erodes separation of church and state with new ruling...
By Brad Friedman on 6/27/2022 5:50pm PT  

Before we get to a bunch of callers on today's BradCast, responding to the overturning of Roe v. Wade and Planned Parenthood v. Casey by our corrupt, extremist, activist, rightwing Republican Supreme Court majority, a few news items. [Audio link to full show follows this summary...]

  • Russia reportedly launched a missile strike on a crowded shopping mall in a central Ukrainian city with some 1,000 civilians reportedly inside. The number of dead and wounded are still unknown, but Ukrainian President Volodymyr Zelenskyy said at least "scores" are likely dead.
  • The bipartisan U.S. House Select Committee investigating the January 6 insurrection and Donald Trump's multiple attempts to steal the 2020 Presidential election announced a surprise last-minute hearing scheduled for tomorrow (Tuesday, 6/28). They did not announce a witness list, though some have speculated that documentarian Alex Holder, who was granted insider access to interviews with and footage of Trump, his kids, Vice President Mike Pence, and other insiders both before and after January 6, might be testifying. The Committee has said only that they are calling the hearing due to "recently obtained evidence." We'll have Special Coverage, as usual, on tomorrow's BradCast.
  • The radical rightwingers packed onto our Supreme Court are continuing to dismantle Constitutional rights and freedoms. On Monday they found in favor of a public high school football coach from Bremerton, Washington who was eventually fired after he refused to stop kneeling on the 50-yard line after games to hold prayers. White guy who takes a knee to pray on the public high school football field cannot be fired. Will be paid with your tax-payer dollars. Meanwhile, a black guy who takes a knee on the football field to protest racial injustice can absolutely be fired for it, apparently. That, as the U.S. Constitution's separation of church and state continues to be corruptly eroded by our radical, stolen and packed U.S. Supreme Court.
  • The extremist Court, according to Gallup polling last week, is now seeing it's all time lowest approval rating in the 50-years that Gallup has been polling on confidence among Americans in the High Court. Just 25% of Americans now have "a great deal" or "quite a lot" of confidence in the Court. That's 11 points down from one year ago and 5 points lower than the Court's all time low in the Gallup survey. And the kicker: that survey was taken prior to Friday's unprecedented ruling overturning the long-established Constitutional right to privacy and reproductive freedoms in Roe v. Wade.

And with that and a few other points of related note, we open the phones to listeners on what comes next, how the nation must respond, and which long-established Constitutional rights this illegitimate Court is likely to strike down next.

While callers may offer some other notes, I'm happy to offer the reminder that the solution still remains voting and organizing, along with the reminder that had Hillary Clinton received 2 votes that otherwise went to Donald Trump in 2016 in each precinct in Michigan, Wisconsin and Pennsylvania, we'd not be in the authoritarian mess we're facing now. Moreover, as political scientist Rachel Bitcofer observed following the Court's ruling on Friday, a Supreme Court with Clinton's nominees on board, rather than the three Trump nominees packed onto the Court by Republicans, likely means that gerrymandering would have been blocked by now, and Citizens United might have been overturned...just two name a couple things we missed out on because too many decided to stay home or vote for Trump in 2016. "We can't continue to hurt ourselves by not voting," she correctly concludes.

Enjoy our lively callers today on all of that and much more...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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