Guest editorial by Ernest A. Canning

Citizens United rejected a congressional legislative ban on corporate campaign contributions. It says nothing about the ability to tax such contributions...

Guest editorial by Ernest A. Canning

Last September's hearings before the U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights established that polling place photo ID restriction laws have nothing to do with eliminating "voter fraud."

They are, instead, part of what Judith Browne Dianis, a civil rights litigator at The Advancement Project, described at the time as the "largest legislative effort to roll back voting rights since the post-Reconstruction era" --- part of the partisan, multi-state effort by the billionaire Koch brothers-funded, Paul Weyrich co-founded American Legislative Exchange Council (ALEC)-fueled GOP exercise in voter suppression. Her testimony established, yet again, that such laws have a disparate impact upon minorities, the poor, the elderly and students (all of whom happen to have the unfortunate tendency of voting Democratic).

Despite the national nature of this coordinated, well-documented and well-funded assault on minority voting rights, so far the U.S. Department of Justice (DoJ) has confined its legal response to such newly-enacted laws to only the small number of "covered" jurisdictions, for example, South Carolina, that are subject to Section 5 of the Voting Rights Act (VRA). That section of the law requires federal preclearance for new election-related laws in those "covered" jurisdictions, since they each have demonstrated a long history of racial discrimination.

The narrow action taken by the DoJ to date, as based only on Section 5 of the VRA, could all change if they took the time to study the content of the new complaint, Jones v. Deininger [PDF], as filed last week in the U.S. District Court for the Eastern District of Wisconsin. The complaint alleges that Wisconsin's new polling place photo ID law ("Act 23") "is a voter suppression law that burdens African-American and Latino voters most heavily [which]...results in them having 'less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice,' and, thereby, constitutes a denial and abridgment of their right to vote in violation of Section 2 of the Voting Rights Act."

The complaint in Jones, which was signed by attorney Charles T. Curtis, Jr. of Arnold & Porter, LLP, seeks to enjoin the implementation of Wisconsin's Act 23 and a declaration that it violates Section 2 of the VRA. When asked whether he contemplates seeking a preliminary injunction on the new law prior to the next election, Curtis was only able to tell The BRAD BLOG at this time that they "want to move the case as quickly as the Court will allow, and plan to request a pretrial conference to discuss motion and briefing schedules."

The additional question remains, however, will the U.S. DoJ defend federal law by opting to join this lawsuit as a plaintiff?...

Guest blogged by Ernest A. Canning

On Tuesday, a divided three judge panel of the U.S. 9th Circuit Court of Appeal ruled that California's Proposition 8 ban on same-sex marriage --- a right that had otherwise previously existed for same sex couples in the state --- violates the Equal Protection Clause of the 14th Amendment of the U.S. Constitution.

The majority opinion in Perry vs. Brown [PDF] this week decided an issue that was so narrow and so tightly crafted to meet the criteria of a 1996 U.S. Supreme Court decision, Romer v. Evans, that it minimized the chances that the U.S. Supreme Court will decide to hear the case, let alone reverse the decision.

As we examine the future course of the Prop 8 litigation, it's appropriate, if only briefly --- while this particular issue remains far away in the rear view mirror --- to offer a reminder of the still unresolved question as to whether CA voters actually approved the controversial measure at the ballot box in the first place...

Guest editorial by Ernest A. Canning

The title of historian Kevin Phillips' otherwise excellent work, Wealth and Democracy: A Political History of the American Rich, is somewhat misleading. With the exception of constitutional monarchies, which preclude royalty from all but figurehead status, democracy and the concentration of great wealth cannot co-exist in the same society.

If citizens can see past the corporate media-erected contest of personalities so as to examine how it reflects the undemocratic structure of our society, the 2012 Presidential election can provide us with a teachable moment of great value. This is true whether we examine the flood of SuperPAC monies, courtesy of the now infamous Citizens United decision, the striking similarities in their methodology of wealth acquisition depicted both in the 1987 movie Wall Street through its fictional Gordon Gekko and in real life by Bain Capital and Mitt Romney, the ridiculously low 13.9% federal taxes on Romney's $21.7 million income in 2010, his extensive Goldman Sachs holdings and as much as $32 million maintained in off-shore accounts, or the fact that only one, essentially marginalized Presidential candidate in either of the two major political parties --- Ron Paul --- is willing to discuss an end to perpetual war and our global military presence.

Here, Mitt "Gordon Gekko" Romney provides the principle focus, not because of personality, or "envy", but because his candidacy affords an opportunity to explore the inconsistency between wealth and democracy...

What a difference two years and one brutally ugly, obscenely cash-based GOP Primary Election cycle makes. One wonders if even Republicans, at this point, are finally beginning to realize the problems wrought by the U.S. Supreme Court's infamous Citizens United decision two years ago yesterday.

If this Rasmussen poll can be believed, the Right-leaning polling firm now finds that 58% of Americans are calling for new campaign finance laws. That's up from three years earlier when, as ThinkProgress notes, a majority of the nation, according to the same polling firm, felt that it would be "good" if then-existing campaign finance laws were struck down by the court.

Well, they got their wish two years ago yesterday. Wonder how they feel about it now.

To mark yesterday’s somber and embarrassing anniversary, John Wellington Ennis, filmmaker of the wonderful, smart, insightful and often deftly amusing 2008 documentary FREE FOR ALL!: One Dude's Quest to Save Democracy, has another one on the way. The new one will focus on our now even-sorrier state of "democracy" in the long dark shadow of Citizens United. While the new feature-length film, Pay 2 Play: Democracy's High Stakes is due later this year, yesterday Ennis released a short documentary, based on some of the work he's done on that film, focusing on how Citizen's United came about, and what is has meant to the nation.

His new soulful short, Citizens United: How Did It Happen? follows below. I'm honored to say that I appear in it myself, but it's very good anyway. Ennis has a few additional thoughts on it all right here today. But, at the very least, you owe it to yourself to give his new short documentary below a look on this 2nd anniversary of the horrific SCOTUS decision that is actively undermining our absolutely most central values as a nation...

By the way, The BRAD BLOG's 8th(!) anniversary is this Tuesday! Unfortunately, we have not been the recipient of secret millions from corporate "people" in the wake of Citizens United. In fact, we have never enjoyed either corporate or foundational support for our completely independent work here, and continue to rely almost solely on you, our readers, to keep going. We have survived this long, barely, thanks to you! But we desperately need your support to continue.

Please consider an 8th Birthday donation to The BRAD BLOG to help us continue our important work in what is guaranteed to be a long, ugly and difficult Election Year, when your help here is needed the most. Also quite welcome are sustaining monthly donations of any amount you choose! For that (or our snail mail address for olde tyme paper check contributions), please see the light blue box about halfway down the right sidebar of all of our pages. Anything you can offer is greatly appreciated! My sincere thanks in advance!

Guest blogged by Ernest A. Canning

This week, the Montana Supreme Court stood up to the U.S. Supreme Court's Citizens United decision, rejecting the much-criticized 2010 federal decision by declaring that, in their state at least, a century-old prohibition on corporate money in local politics will be allowed to stand.

By way of a 5-2 decision in Western Tradition Partnership, Inc. vs. Attorney General of Montana [PDF], the state's high court upheld the constitutionality of the long-standing Corrupt Practices Act of 1912, which prevents direct contributions by corporations to candidates or political committees. The law does not, however, prohibit voluntary individual contributions to separate segregated funds created by shareholders, employees or members of a corporation.

The state law also mandates disclosure of who pays for political communications, while the 2010 Citizens United ruling allows for unlimited secret money to flood into campaigns, for use either for or against any particular candidate.

The majority opinion in the Montana case, written by Chief Justice Mike McGrath, sought to distinguish their state law from Citizens United vs. Federal Election Commission [PDF] by pointing to factors in the state --- its dependence upon agriculture and extractive resource development, as well as its sparse population and history of low campaign expenditures --- which, he claimed, make the state "especially vulnerable to...corporate control to the detriment of democracy".

Even one of the dissenters in the MT decision, Justice James C. Nelson, while making clear that he believes the SCOTUS decision likely takes legal precedent over their own state law, offered a blistering critique to the very underpinnings of Citizens United --- a case we previously predicted "will live in infamy" --- by taking direct aim at the absurd concept of "corporate personhood" in his dissenting opinion...

Guest blogged by Ernest A. Canning

In light of GOP Presidential front-runner Newt Gingrich's recently revitalized attacks on the judiciary as, apparently, not yet extreme or activist enough for his tastes --- though he finds, like most of the other GOP candidates, Justices Roberts, Scalia, Thomas and Alito to be "pretty darn good" --- it's worth taking note of just some of the recent behavior, judicial temperament and fundamental principles of those far-Right extremist Supreme Court Justices he apparently does approve of.

To that end, the opening paragraph of a Nov. 14 Los Angeles Times article was disturbing but not surprising:

While basic canons of judicial ethics suggest that judges should avoid even the appearance of impropriety, it remains exceedingly doubtful that the gathering of signatures on a Credo Action Petition will prompt either of these two "radicals in robes" to recuse themselves...

Just breaking from Reuters...

By the way, while I realize that corporations are "people," I wonder how many actual people, after committing massive felonies, are allowed "more than a year" to "negotiate" with law enforcement over whether they will be indicted for those felony crimes or not.

UPDATE: A few more details now from Boston Globe...

And while we're waiting for more info on the above, let's not forget the woman who was arrested by New York City police for daring to close her Citibank account, as seen on video tape. The NYPD is not being sued by the AG (although they should). She did not receive a year to negotiate with the plain-clothed cops who physically picked her up and dragged her back into the Citibank branch just moments after she had the temerity to close her own personal account at the bank. Rather, it's been left to the woman herself to file a lawsuit against the cops and NYC that were both doing the bidding of Citibank on the tax-payers' dime, as Ernest Canning detailed yesterday.

I can't imagine what those Occupy Wall Street folks are calling for. Gosh and golly, just what are their demands?! It's all so confusing.

[Now UPDATED with audio archives below...]

Our week guest hosting the nationally syndicated Mike Malloy Show continues tonight and tomorrow!

As usual tonight, we'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

• REP. TED DEUTCH (D-FL-19), on his newly introduced "Outlawing Corporate Cash Undermining the Public Interest in our Elections and Democracy (OCCUPIED) Amendment", which would overturn the Citizens United decision, by re-establishing the right of Congress and the states to regulate campaign finance laws, and to effectively outlaw the ability of for-profit corporations to contribute to campaign spending.
• JEANNIE DEAN, activist, Election Integrity champ and OccupyLA rep (watch her sing the gospel of OWS recently on Russian TV here) on the LA City Council's new offer to OccupyLA to "decamp" from City Hall to a 10,000 sq. foot office building and even their own farm.
• PLUS! Occupy Wall Street's first fatality?; Obama gets "Mic Checked"; Tonight's GOP debate (if it matters) and much more as the Occupy Wall Street uprising continues, along with your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: Well, this show was just loony toons! If you don't believe me, give it a listen! The audio archives are now posted below (along with the chat room archives)...

Guest blogged by Ernest A. Canning

New video has emerged (posted below), courtesy of ThinkProgress of an apparently unprovoked Oakland police officer shooting a cameraman during a recent stand-off with Occupy Oakland demonstrators.

In an email to The BRAD BLOG, Sgt. Christopher Bolton, Oakland PD's Chief of Staff, confirmed that the incident involved an "OPD use of force" which took place at 16th Street near San Pablo Ave. in Oakland on the morning of Nov. 3, 2011 and that the matter was "under investigation." (Recall that a general strike took place in Oakland on Nov. 2. This event, per the cameraman, took place shortly after midnight.)

However, Bolton did not directly answer specific follow-up questions designed to pin down details of the incident.

At YouTube, the unidentified cameraman denied that there had been any "violence or confrontation of any kind underway" at the time the OPD officer can be seen aiming and firing (as seen 31 seconds into the 40 second video below.)

Because this potentially involves an unprovoked police assault on a citizen-journalist, the issue at stake entails more than police misconduct. If it was unprovoked battery, the incident reflects nothing less than a direct assault on the First Amendment, democratic accountability and the public's right to monitor police misconduct.

Video captures moment officer fires...

Via #OccupyAustin..

"The best way to enhance freedom in other lands is to demonstrate here that our democratic system is worthy of emulation." - President Jimmy Carter
(Inaugural Address, 1/20/1977)

Oh, well. It was a nice idea at the time.

Nonetheless, happy 87th birthday (yesterday), Mr. President!

[Hat-tip @WestWingReport.]

Guest blogged by Ernest A. Canning

A nearly two-hour hearing in the U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights earlier this month (full video available here), carefully examined the partisan, multi-state effort by the billionaire Koch brothers-funded, Paul Weyrich co-founded American Legislative Exchange Council (ALEC)-fueled GOP effort to enact new state voting laws across the country.

The coordinated, nationwide GOP voter suppression effort was aptly described by Judith Browne Dianis, a civil rights litigator at The Advancement Project, and a witness in the second three-member panel, as "the largest legislative effort to roll back voting rights since the post-Reconstruction era."

"Our country has not seen such widespread attempts to disenfranchise voters as we have seen this year in more than a century. Inclusive democracy is under attack," she testified, while Sen. Sherrod Brown (D-OH) described the "brazen" GOP attempts to undermine the right to vote.

Subcommittee Chair and Senate Majority Whip, Dick Durbin (D-IL) broke the new state voting laws into three major categories, and the discussions of each are worth covering here over two different articles. In Part 1 here, we'll cover the first category: Polling place Photo ID laws restricting the ability of lawfully registered voters to cast their ballot on Election Day. The hearing produced several remarkable face-offs, including between Sen. Al Franken (D-MN) and long-time GOP "voter fraud" front man Hans von Spakovsky (cue James Bond villain music), as detailed below.

In Part 2, we will cover the discussion of the other two categories at the hearing --- draconian new restrictions on voter registration, and laws which significantly reduce early voting periods --- plus a very troubling event that "reactionaries" have planned for the 2012 election, according to Dianis' testimony [UPDATE: Part 2 is now posted here]...

Guest blogged by Ernest A. Canning
(With additional reporting and snark by Brad Friedman)

Maine's GOP Chairman, Charlie Webster, displayed a remarkable level of ignorance about the right of college students to register and vote in the Pine Tree State during a recent appearance on local radio, weeks after virtually everyone in the state has been trying to explain to him that he is off his nut.

Earlier this summer, Webster raised eyebrows (and more than a few laughs) when he brought the names of some 200 out-of-state college students to the ME Secretary of State, seeking an investigation for "voter fraud."

"I am convinced that my research proves that [voter] fraud is a problem, and I’ve only found the tip of the iceberg," Webster said during a press conference at the State House at the time, though he shared no evidence of any of the students having voted twice, or otherwise having illegally registered.

Webster's "research" began after a petition effort was launched seeking a "voter veto" ballot initiative to reverse a law recently passed by the Republican-led state legislature ending the state's 38-year-old practice of allowing for same-day voter registration. The new Maine law is just one of many new voter suppression efforts enacted by the GOP under the wholly unsupported guise of combating "voter fraud" in states across the nation over the past several months since the GOP took over many statehouses in the 2010 election.

The state's GOP chair has apparently never heard the old axiom about once you're in a hole, stop digging...

Guest blogged by Ernest A. Canning

However historically inaccurate the phrase may have been, the idea that Emperor Nero fiddled while Rome burned seems apropos the appearance of a David G. Savage fawning Clarence Thomas puff piece on the front page of the Sunday, July 3 edition of Los Angeles Times.

On March 7, as part of our coverage of a Daily Beast article, in which Univ. of Colorado Law Professor Paul Campos called for Thomas to be thrown off the bench, we noted:

In a March 6 Los Angeles Times op-ed, George Washington Law School Prof. Jonathan Turley found allegations that Virginia Thomas received monies from the groups that had a direct interest in the outcome of Citizens United to be "particularly alarming." He went on to compare Thomas' cynical effort to equate criticism of his ethical lapses with an attack on the integrity of the Court to Louis XIV's infamous view that there was no distinction between himself and the state.

Yet, on July 3, Los Angeles Times gave page-one coverage to Savage's uncritical piece that begins with a self-serving description in which Thomas seeks to portray his radical and, at times, outright bizarre legal positions, such as his stand-alone position that prisoners have no constitutional right to be protected from beatings by their guards, as simply a reflection of a rugged individualist who is not afraid to be a minority of one when he thinks he is right.

During Thomas' contentious Senate Judiciary Committee Confirmation Hearings in 1991, the late Sen. Edward "Ted" Kennedy (D-MA) took a very different view as he likened the Thomas nomination to a game of "Russian roulette":

The firestorm of controversy surrounding questions about Thomas' conflicts of interest, severe ethical lapses, and possible crimes has momentarily slowed a bit over the past month of Congressional (almost) recess and the usual D.C. media "summer vacation." But the list of reputable individuals and organizations calling for the embattled Associate Supreme Court Justice to be investigated by the U.S. Dept. of Justice, removed from office, and possibly prosecuted is likely to grow again once politics as usual resumes following the Labor Day holiday, according to The BRAD BLOG's discussions with a number of those individuals and organizations.

In the meantime, the question remains as to why Los Angeles Times saw fit not only to publish a ridiculous puff piece on Thomas as the firestorm was still cresting in July, failing to so much as reference these serious issues, but why they even found it necessary to elevate such a softball article to their front page.

Before reaching that, however, let's again examine the real issues...