On today's BradCast [audio link below], we examine the reported results of Hillary Clinton's huge victory over Bernie Sanders in South Carolina over the weekend: What do they mean? Can the results be "trusted"? Are corporate media such as NY Times and Washington Post misleading Americans about what the current numbers, including the Democratic Party delegate count, actually suggest?

Then, I'm joined by Current Affairs magazine editor Nathan J. Robinson to discuss his recent feature article which makes the case that "unless the Democrats run Sanders, a Trump nomination means a Trump Presidency".

Robinson, an attorney, Harvard PhD student and children's book author, offers one of the most persuasive arguments I've heard to date regarding the "electability" of Sanders versus Clinton --- at least under the presumption that Trump is to be the Republicans' standard-bearer.

"The problem with polls is that they are unable to foresee events that will occur in the future that will change the way people think," Robinson explains about perceived advantages that some see in Clinton's favor right now. "Things that happen in the campaign change people's opinions, make them more favorable to one candidate, less favorable to another."

The "key point" in Robinson's calculation: Donald Trump as the GOP nominee. "That is something that the Democrats need to start thinking when they ask all these questions about electability. 'What's going to happen? Who is going to be attacked and how?' They need to be thinking in terms that Donald Trump is likely to be the nominee."

While it's true the Right has been attacking Hillary for years --- something that Sanders has yet to face --- she has never come under the full withering force of Trump's particularly aggressive and personal campaign style, argues Robinson, who says he's not personally a fan of either Clinton or Sanders (or Trump, for that matter.) He details why he believes Clinton stands to be pulled under by Trump's onslaught, whereas Sanders stands a far greater chance of surviving the type of campaign that Trump has shown himself willing to wage against his Republican opponents.

We discuss what is likely to happen in both a Trump v. Sanders and Trump v. Clinton race, how Democrats who are focused on the inevitable attacks from the Right against Sanders as a "Socialist!" may be missing a much larger concern, and how all of this calculus completely changes if someone other than Trump somehow manages to win the GOP nomination.

Finally, the death of Supreme Court Justice Antonin Scalia has already had a profound effect on the Court. On Friday, Dow Chemical dropped their planned SCOTUS appeal of a $1 billion judgment against them, citing the "increased...likelihood for unfavorable outcomes for business involved in class action suits." And, today, Justice Clarence Thomas spoke up to ask questions during oral arguments at the Court for the first time in 10 years!...

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Today on The BradCast, it's back to fighting about Gitmo, fighting about SCOTUS and celebrating a delightful birthday.

Seven years after his initial attempt to close the Guantanamo Bay detention center, President Obama presented yet another plan to Congress in hopes of doing so on Tuesday. Investigative journalist and notorious "FOIA terrorist" (we explain on the show) Jason Leopold of VICE.com joins us to explain the new plan, its shortcomings and the political pushback against it from both Democrats and Republicans.

Leopold, who has covered the U.S. detention center there for years, and is just back from another visit, tells me how the law ties Obama's hands in one regard, even as it requires him to present a plan to close the controversial prison.

"When [Obama] signed the National Defense Authorization Act into law in December, there was language in the NDAA that said that no Defense Department funds can be used by the Administration to transfer any detainees to the United States. It cannot be used to construct any new facilities or upgrade any facilities even at Guantanamo." But, he adds, even though Congress tied his hands, they told him: "'Even though you're not allowed to do any of these things, we'd still like to see what your plan looks like.' That's essentially what Congress was saying. Democracy at work."

Leopold joins both lawmakers and human rights advocates in his critique of the new plan, even while acknowledging the legal morass, political football and, as Obama mentioned when releasing the plan, the "stain" that the entire issue has become for the U.S.

Also today: As I predicted just after Scalia's death almost two weeks ago, some Rightwingers are now pushing for Scalia's votes on cases he'd already heard to be counted, even though he is now dead and, as is sometimes the case, Justices change their opinions before they are finally handed down. The White House floats a terrible idea for a U.S. Supreme Court nomination. And the NYTimes editorial board, years after it should have, describes Republican U.S. Senate leaders as "twisted" for their "deranged" attempt to block any nominee by Obama to the high court.

Finally: Desi Doyen joins us on her birthday with the latest Green News Report (and requests you stop by here with a gift!) and we tease the "progressive radio legend" currently booked to join guest host Nicole Sandler on tomorrow's BradCast for GOP Debate coverage!

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First up on today's BradCast, Republicans vow to continue their unprecedented obstructionism of Obama's Constitutional duty to nominate and appoint a U.S. Supreme Court Justice, as well as the President's new plan, sent to Congress today, to close the Guantanamo Bay 'terrorist' detention facility.

We discuss whether the GOP's unpopular hard line on blocking any SCOTUS nominee by Obama can hold, have a laugh at the cowards and hypocrites who are frightened of closing Gitmo, and examine how much Congressional Democrats are also to blame for the entire matter.

Then, we're joined by Vox.com's Brad Plumer (because there can never be enough Brads on The BradCast!) to discuss the enormous consequences of Justice Antonin Scalia's death on the planet and Obama's landmark Clean Power Plan --- the first ever greenhouse gas emissions standards for power plants in the U.S.

As a number of scientists recently noted, the policy decisions made today will have grave implications for 10,000 years and the survival of human civilization. That, however, hasn't stopped a number of fossil fuel companies and a whole bunch of Republican-run states from attempting to block Obama's new environmental standard. Nor did it keep Scalia from voting with a narrow Rightwing 5 to 4 majority on the Supreme Court to take the unprecedented step of staying Obama's EPA rule before the case had even been heard in the lower D.C. Circuit Court.

As Plumer explains, Scalia's death may end up being very good news indeed for the future of the planet. Nonetheless, questions persist about how so-called "red states" may now respond, as well as how the world will react if the U.S. is unable to keep up its part of the UN's landmark Paris Agreement to cut emissions worldwide.

"That is a huge question," Plumer tells me. "It would be very difficult for us to meet our goals without this rule, so the question is how do other countries react? Do China and India decide, 'Okay, the U.S. has had bit of a setback, but we want to keep pushing on ahead toward clean energy because we think it's beneficial"? Or do they decide that they throw up their hands and say, 'Well, if the US isn't going to do what it promised to do, we sure as hell don't need to do what we promised to do'?"

The former Washington Post energy reporter also offers insight as to whether it'll be "fatal" to U.S. attempts to curb emissions if the CPP is struck down; whether Rush Limbaugh was right when he recently declared that the CPP's goal of curbing emissions by some 30% below 2005 levels before 2030 is "not possible without going back to the Stone Age"; and whether, even if the CPP is allowed to move forward, the new emissions stndards will be enough to prevent the quickly growing effects of global warming.

Finally, Desi Doyen joins us for the latest Green News Report with news on fracking earthquakes in Oklahoma, Sanders' and Clinton's dueling vows to cut fossil fuel drilling, some accountability for the Freedom Industries CEO responsible for poisoning the drinking water of 300,000 in West Virginia in 2014, and the largest cyclone ever recorded in the Southern Hemisphere which slammed into Fiji over the weekend...

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Nicole Sandler of RadioOrNot here, your trusty guest host for this Friday edition of The BradCast!

Although Brad strives to objectivity regarding the Democratic candidates --- necessary to do the great reporting he does regarding voter suppression and other nefarious election-time practices --- I am not a journalist. I do a fact-based opinion show, and in that capacity, I support Bernie Sanders candidacy. But, I have noticed the level of vitriol rising among Democrats lately, and it worries me.

Democratic consultant and strategist Mike Lux wrote about some new polling data his firm commissioned, and it shows a great divide in the Democratic party. He wrote about it at Crooks and Liars, and joined me on today's BradCast to discuss the data and the implications.

Meanwhile, while watching the MSNBC Democratic town hall/forum on Thursday night, I noticed an ad attacking Bernie Sanders, the first one I've seen this election season. It was paid for by a SuperPAC called Future 45. A little sleuthing confirmed that one of the biggest contributors to this group is hedge-fund billionaire Paul "The Vulture" Singer. Investigative journalist Greg Palast has been writing about that guy's sleazy dealings for years now. The minute I saw his name, I knew I had to invite Palast to tell us what he knows about this vulture.

And, as you might imagine, Palast also had a few words about the death of Antonin Scalia...and they weren't "rest in peace."

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On today's BradCast, hate is on the rise in the U.S., for some reason; More reminders of impossible e-voting results in advance of SC and NV; And, we mark two important anniversaries. [Audio link for the program follows below.]

First up, on this day in 1988, Supreme Court Justice Anthony Kennedy was sworn in after the Republican nominee was unanimously approved by a Democratic-majority U.S. Senate...during an Election Year, and with the passing of Justice Antonin Scalia, former Justice Sandra Day O'Connor calls on Republicans to "get on with it".

Then, another reminder --- before this weekend's Democratic Nevada Caucuses and 100% unverifiable Republican South Carolina Primary --- of electronic election results that remain impossible to explain, including the conservative Texas Supreme Court Justice who reportedly received ZERO votes in one county back in 2006, after winning that same county by huge margins in both 2002 and 2004. (See our 2006 coverage of Steve Smith's eventually aborted election challenge back here. And see how this group of Bernie Sanders supporters is hoping to help oversee the results by filming the caucuses in Nevada.) Oh, and there was also that time in 2000 when Al Gore was credited with receiving NEGATIVE 16,022 votes on a paper ballot optical-scan system in Volusia County, FL.

Next up, we are joined by Mark Potok of the Southern Poverty Law Center (SPLC) to discuss the disturbing rise in domestic hate groups in the U.S., after several years of decline. We talk about both the numbers and reasons --- and what Donald Trump and the Internet have to do with it all --- from Potok's new report on "The Year in Hate and Extremism".

It's a fascinating discussion in which Potok explains how the SPLC defines "hate groups" --- including rightwing extremists as well as black separatists --- which saw an overall 14% spike in their 2015 numbers. Also on the rise were so-called "Patriot" movement groups, though they are not (necessarily) included among the "haters".

"Probably the unique thing that happened in the last year," Potok tells me, "was the just astounding extent to which people like Donald Trump were willing to directly inject really Rightwing extremist poison into the political mainstream. Some of the things Trump has said, we really haven't seen the likes of in many, many decades."

Potok notes that with the GOP frontrunner's outrageous claims about immigrants and Muslims, similar rhetoric from extremist groups now "seems more normal to people. They don't seem quite as far out. After all, if Donald Trump thinks Muslims shouldn't be allowed in this country, what's wrong with joining a group that says Muslims are involved in a conspiracy to destroy the rest of us?"

We also discuss the difference in media coverage and political rhetoric concerning Islamic terrorism versus Rightwing domestic terrorism in the U.S., as well as how the Black Lives Matter movement and legalization of same-sex marriage over the past year has seemingly terrified many on the Right who feel that "their white privilege is being taken away from them...stok[ing] rage on the part of whites who feel that this is somehow part of their birthright."

Finally today, Desi Doyen joins us for our 7th Anniversary Green News Report (our 690th GNR episode!) with both disturbing and encouraging news for the planet. And, if you can help us to continue connecting the climate change dots for yet another seven years, like almost nobody else in the media, we'd greatly appreciate it! Please consider making a DONATION RIGHT HERE and it'll be an even happier anniversary, indeed!...

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On today's BradCast, a whole bunch of stuff that's been happening that isn't related to the death of Supreme Court Justice Antonin Scalia --- and an item or two that are. [As usual, the audio link for the complete show is at the bottom of this article.]

First up, we catch up with the upcoming primaries and caucuses in Nevada and South Carolina with a look at the current polls on both the Republican and Democratic sides (some of which, if accurate, is quite surprising!) All of which offers another swell excuse to remind you about the oft-failed, easily-hackable, 100% unverifiable touch-screen voting systems that will, incredibly enough, once again be in use across South Carolina this year.

That, despite the infamous 2010 election in SC which resulted in a guy who nobody had ever heard of (Alvin Greene) --- a 32-year old man who did not campaign, had no campaign website, had no job, didn't even own a cell phone --- somehow being named the winner of the state's Democratic primary for the U.S. Senate! Somehow, as we covered in great detail at the time, he managed to "defeat" a popular former Circuit Court Judge named Vic Rawl (who did campaign across the entire state!) in the bargain.

Those same failed machines will once again be in use, not only in SC for this Presidential Election year, but also in many other states as well, including Ohio where some are reportedly failing already. In Lee County, FL, in the meantime, a candidate for Supervisor of Elections and a cybersecurity expert are now being investigated by state officials after the pair released a YouTube video showing how easy it was to hack into the main County Elections website server.

And, speaking of hacking, we are joined today by Corynne McSherry, Legal Director for the Electronic Frontier Foundation (EFF), to explain the debate over Apple's challenge to a federal court order requiring the company to break their own secure encryption technology in order, supposedly, to help the U.S. Government in their investigation of last December's horrific San Bernardino massacre.

McSherry explains why EFF supports Apple's position here and opposes the "quite extraordinary" pressure by the Federal magistrate to force private companies to give the U.S. Government special, backdoor access to otherwise secure software systems. In this case, it is one of the shooter's iPhone's that law enforcement officials are still unable to unlock.

"I don't know about you, but I don't have a tremendous amount of trust in the government's ability to make sure that that backdoor that Apple builds for them is kept secure. We know that government databases are hacked all the time," she tells me. "There's sort of this notion that you can just have a golden key and only good guys will use it. That's not how it works in practice. Ask any security expert and they will tell you. Once you build it, it will be used for nefarious purposes as well as laudable purposes."

McSherry believes it is no accident that federal officials are using the very high-profile San Bernardino case to try and set their precedent. "I don't think they chose this particular phone accidentally. I think that they chose this to be the case because they're hoping that people will be distracted from the very real thing that's happening here, which is that this is the first time that a company will be required --- required --- to build code in order to assist law enforcement to build a back door. That's really the precedent that the government is after here."

Listen below to the entire fascinating conversation and, yes, a bit more on Scalia and why he was down at that wealthy businessman's ranch for a free vacation over the weekend in the first place...

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The fallout from the sudden death of U.S. Supreme Court Justice Antonin Scalia continues on today's BradCast.

First, the GOP continues to coalesce around the unprecedented idea that President Obama should not be allowed to appoint Scalia's successor, though some key cracks in that radical position may be emerging in the U.S. Senate.

Constitutional law expert and Supreme Court historian and author Ian Millhiser joins us to discuss the extraordinary stance by Senate Republicans, how it could result in a Constitutional crisis on a number of levels, and how Scalia's death means that much of what we thought we knew about cases already heard, but where the Court's opinions have not yet been handed down, is all now upside down.

"What Scalia's death means, in a lot of these cases, is where it looked like there was a possibility of a sweeping conservative change to law, that just doesn't look like it's on the table anymore," Millhiser says, as we examine how Scalia's death has changed everything we thought we knew about a number of very big cases now before the court --- on everything from immigration to women's rights to union rights to Congressional redistricting, affirmative action, the environment and more.

Scalia's votes, Millhiser explains, on opinions that have yet to be handed down by the Court are now null and void. The result could be that several cases that looked very bad for Progressives may now have a much more favorable outcome. In others, however, if Republicans refuse to allow a Presidential nominee to move forward, splits in Circuit Court decisions across the country could occur, with the result of different applications of Constitutional rights depending on which jurisdiction you happen to live in and the "potential for considerable chaos" along with it.

As to the GOP deciding to act responsibly to help avert a number of these potential nightmares for the nation, Millhiser is not optimistic. "What the Republican caucus is doing right now is unprecedented. It's unprofessional," he tells me. "I could come up with a lot of other words for it that I'm not allowed to say on the radio."

"We find ourselves potentially at the beginning of a Constitutional crisis right now, because it's not like Republican Senators are likely to be any keener to approve someone to the Supreme Court if its Hillary Clinton's nominee or a Bernie Sanders' nominee. So we could be waiting a really long time."

"Chances are the country is going to be in the exact same position if Mitch McConnell is still the Majority Leader [next year]," he notes ominously, adding that as many as three other vacancies on the Court could occur during the next Presidency. "It's possible these seats could remain vacant for years."

"For years"?! Oy. All of that and much more on today's show, including Desi Doyen and our latest Green News Report with a bit good news for a change!...

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IN TODAY'S RADIO REPORT: The passing of Supreme Court Justice Antonin Scalia leaves U.S. climate action --- and the planet --- hanging in the balance; Hillary Clinton calls for assistance for Coal Country; Bernie Sanders keeps hammering Republicans on climate change; Game-changing affordable electric cars coming next year! PLUS: The worst natural gas leak in U.S. history is finally plugged.... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Organic diet cuts pesticide exposure in children; L.A. gas leak plugged, but California pipelines regularly leak; Gasoline keeps getting dirtier while alternatives keep getting cleaner; How the Climate Challenge Could Derail a Brilliant Human Destiny; Utilities just declared war on solar; New Bill Would Clean Up Abandoned Coal Mines And Jump Start The Appalachian Economy; Arizona loses 25 percent of solar jobs in 2015; Texas cities ask federal officials to cancel drilling leases; How utility executives see the future of the electricity business... PLUS: The decisions we make about climate change today will reverberate for millennia. No pressure.... and much, MUCH more! ...

As you may suspect, it's a very busy program on today's BradCast for some reason.

Heather Digby Parton of Salon and Digby's Hullabaloo and Joshua Holland of The Nation and the "Politics and Reality Radio" podcast join me for coverage of both the political (and perhaps Constitutional) earthquake following Saturday's sudden death of U.S. Supreme Court Justice Antonin Scalia and for the insane Republican Presidential Debate that took place in the wake of that huge news just hours later.

We discuss the bombshell Scalia news and the unprecedented response from Senate Majority Leader Mitch McConnell who immediately vowed to keep President Obama from his Constitutional duty of nominating and appointing a new Justice --- with the advice and consent of the U.S. Senate --- now that the appointment would serve to tip the balance of the Court 5 to 4 toward Democratic Presidential appointees.

Meanwhile, at the GOP debate in South Carolina shortly thereafter on Saturday night, every remaining Republican Presidential candidate called for Senate Republicans to block any nomination made by this President. And, as if that's not insane enough, the entire debate then quickly devolved into a remarkable Pro Wrestling-style shouting and name-calling spectacle which, frankly, left me --- as well as my guests today --- more than a bit gobsmacked and amused.

From the word "LIAR!" used dozens of times by several candidates to the 15-years late Republican debate over who to blame for 9/11 and the Iraq War(!), I think I'm fairly safe in saying we have never seen any Presidential debate like it.

As Ohio Gov. John Kasich said at one point during the madness on display Saturday night, just days before this weekend's GOP Primary in South Carolina (which will be run on 100% unverifiable touch-screen voting systems): "I gotta tell ya, this is just crazy. This is just nuts. Jeezo, man."

Couldn't have said it better myself...

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I suspect many of you have thoughts on the jaw-dropping news of the death of Justice Antonin Scalia today. Feel free to share those thoughts, as you see appropriate, in Comments below. For my part, for now, just a few very quick observations...

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IN TODAY'S RADIO REPORT: Bernie Sanders slams Republicans on climate change denial after landslide New Hampshire win; In unprecedented move, U.S. Supreme Court halts historic new emissions standards for power plants --- for now; U.N. moves ahead anyway on emissions standards for the airline industry; PLUS: Heat wave in the Arctic, as winter sea ice hits lowest extent ever recorded... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Supreme Court’s climate stay may imperil Paris Climate Accord; Wall St.'s Water: hedge fund manager betting on water in the West; Oregon Standoff occupiers say they'll turn themselves in; House passes bill forcing EPA to move faster on lead-tainted water; Snyder ordered DEQ to withhold Flint lead test results; Flint E-Mails: CDC voiced concerns over Legionnaires' actions; Dengue Fever an ‘emergency’ on Hawaii’s Big Island... PLUS: Microbead pollution harms oysters, ocean's ecosystem engineers... and much, MUCH more! ...

On today's BradCast, we look at the huge (yooge?) victories for both Bernie Sanders and Donald Trump in Tuesday's New Hampshire primary elections, not to mention a victory for the devil in Arizona and for justice in North Carolina.

First, in New Hampshire, both Sanders and Trump each destroyed their competition by record margins. But also both Sanders and Trump absolutely dominated virtually every demographic in their respective parties. The victories served to reveal how the political party establishment and corporate U.S. media pundits continue to be radically out of touch with the American electorate and how the "electability" arguments that have been put forward concerning both candidates are finally being questioned.

Moreover, on the Republican side, the contest resulted in both Fiorina and Christie heading back to Palookaville, while Rubio sunk like a stone and the GOP establishment may have found their next new "savior" in Kasich.

Then, we're joined by Constitutional law expert Ian Millhiser to discuss how a "Satanic Temple" trolled its way into killing the opening religious invocation long used by the City Council in Phoenix, AZ. Also, Millhiser explains a new federal court ruling finding that NC GOPers racially gerrymandered two Congressional districts in the key swing state.

"Finally! Satan gets a break in the United States!," Millhiser tells me in regard to the Phoenix story. He says that while the "satirical church" doesn't "actually worship the devil, they do believe that there shouldn't be these public displays of Christianity at City Council meetings." He describes their victory in Phoenix, as well as in other cities where the group has successfully "trolled" elected officials in the wake of a Supreme Court ruling that has begun to collapse the nation's long-standing separation between church and state.

"The Roberts Court has started to tear down those walls that have existed for a really long time," Millhiser, author of the new book Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted, tells me, before offering his best guess as to why the five conservative Justices on the Court are so "hostile to the notion of separating church and state."

Finally, Millhiser details the federal district court's redistricting ruling in NC --- what it will mean, how it may or may not affect the state's upcoming elections, how those hostile to minorities figured out long ago that they can use the slow pace of the U.S. Court system to game elections, and how doing so has suddenly become even easier following the Supreme Court's 2013 gutting of the key Voting Rights Act meant to prevent such schemes.

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On today's BradCast, as you might have guessed, it's post-debate analysis of last night's very lively head-to-head debate between Hillary Clinton and Bernie Sanders in New Hampshire.

Joining us to make sense of it all is Joe Dunman, the Kentucky civil rights attorney who represented the same-sex couples suing Rowan County Clerk Kim Davis over her refusal to grant marriage licenses last year, Karoli Kuns, Managing Editor of the great Crooks and Liars blog.

During the debate, the first since the Iowa Caucuses and the last between Democrats before voters head to the primary polls in NH on Tuesday, the two candidates sharpened their dispute over potential directions for the Democratic Party (and the nation, along with it), as they hashed out whether to protect and expand on successful Obama Administration policies, as Clinton hopes, or fight for expansive and "revolutionary" new progressive policies as Sanders is calling for.

That question, a worthy one, also leads to a lively debate among the panelists on today's program, which you can listen to in full below! And, if you'd like to ring in on the issue yourself, I'd love to hear your thoughts in comments below, since I think this fight will be continuing for a while. Enjoy!...

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On today's BradCast, we are live from KPFK/Pacifica Radio in Los Angeles with attorney, author, longtime BRAD BLOG legal analyst, Vietnam vet and now Senior Advisor to Veterans for Bernie, Ernest A. Canning.

First up, Canning updates us on California's statewide "Overturn Citizens United" initiative known as Prop 49. The 2014 "advisory measure" was removed from the ballot incorrectly by the state Supreme Court, which has now admitted as much. But the question remains how and if it will now be placed before voters during the 2016 general election. He explains the latest legal move by the state legislature on this front, and why Prop 49 matters to both California and the nation.

Then, it's Ernie on Bernie! What the 74-year old "democratic socialist" from Vermont stands for, why Canning, who has been writing about Sanders at LA Progressive of late, believes Sanders' policies are important to veterans, and a few thoughts on the old "electability" argument already being used (by Republicans and Democrats) against Sanders.

Plus: Listener calls on all of the above!

Also on today's busy show: A few updates on the news of last night's arrests of 8 leaders of the armed militia standoff at the Malheur National Wildlife Refuge in Oregon and the killing of one of its spokesmen; New news on this week's GOP debate on Fox "News" (which Trump now says he will boycott); The possibility of an added Democratic debate next week in New Hampshire; And, finally, the latest Green News Report with Desi Doyen...

Download MP3 or listen to complete show online below...

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The California Legislature asked its state Supreme Court to direct CA Secretary of State Alex Padilla to place Proposition 49 on the November 8, 2016 ballot. That 2014 statewide referendum --- which didn't make it onto the ballot at the time for reasons explained below --- seeks the advice of the Golden State’s electorate as to whether Congress should propose, and the Legislature ratify, a federal Constitutional amendment that would overturn the U.S. Supreme Court's infamous Citizens United decision.

Per Prop 49, the amendment should "make clear that the rights protected by the United States Constitution are the rights of natural persons only."

The ballot measure was a result of SB 1272. When originally adopted by the state Legislature it directed then Secretary of State Debra Bowen to place Prop 49 on the November 4, 2014 ballot. However, in August of that year, in response to a legal challenge filed by the Howard Jarvis Taxpayers’ Association (HJTA), the CA Supreme Court directed the Secretary of State to refrain from placing the initiative on the 2014 ballot. The Court, at that time, did not rule on the merits of HJTA's legal challenge. It simply concluded that, as an "advisory measure", as opposed to an actual statute, the ballot initiative's "validity was uncertain." Thus, in 2014, California citizens were denied the opportunity to formally express their views via the ballot on whether Citizens United should be overturned.

At the beginning of this year, almost a year and a half after their original ruling had then "temporarily" nixed the 2014 measure, the state Supremes, in a subsequent ruling [PDF] on the merits of the HJTA complaint, explained that their previous ruling had been based on their assessment that "the balance of hardships from permitting an invalid measure to remain on the ballot, as against delaying a proposition to a future election, weighed in favor of immediate relief." [Emphasis added]. However, according to the Court's new decision, Prop 49 was not invalid. After a thorough examination of the merits, the Court finally ruled that the California Legislature had the lawful authority under both the U.S. and California Constitutions to place this non-binding advisory measure on the ballot.

While the Court did not come out and expressly say it, that essentially means that this same Court had erred when it issued its earlier decision, as proponents of Prop 49 had previously argued. In removing a perfectly valid proposition from the ballot, the Court had intruded upon the Legislature's prerogative to timely secure the advice of the California electorate on November 4, 2014.

With the Court's reversal of it's earlier ruling, one might think that would then allow the measure to finally be placed onto the ballot before state voters in 2016. However...