The old baseball adage that three strikes and you are out applies to Ohio's Republican Secretary of State Jon Husted and his underhanded effort to emulate his predecessor, the infamous J. Kenneth Blackwell (R), by preventing Early Voting for all over the last three days before the November 6, 2012 election.

That effort, to restrict voting in those days to active-duty military voters only, was first rejected by U.S. District Court Judge Peter Economus (strike one!) whose decision was upheld in all aspects by a three judge panel of the U.S. Sixth Circuit Court of Appeal --- strike two!

Now comes an order from the U.S. Supreme Court summarily rejecting Husted's eleventh hour request for a stay of Judge Economus' decision --- strike three!

When Brad Friedman interviewed the former Democratic Ohio Sec. of State Jennifer Brunner in mid-August, she explained how Husted's efforts to limit early voting were "clearly aimed at 'Souls to the Polls,'" the very successful effort by African-American churches to encourage their congregations to get out and vote on the Sunday before Election Day. During the 2008 election, nearly 100,000 largely Democratic-leaning voters cast their vote over that weekend.

Husted, who previously backed off an earlier effort to obstruct Judge Economus' initial order, filing an apology to the court in early September, has now issued a directive informing all County Election Boards "to open for early voting from 8 a.m.-2 p.m. on Nov. 3, 1-5 p.m. on Nov. 4 and 8 a.m.-2 p.m. on Nov. 5," according to the Chicago Tribune.

Contrary to the initial lie spun by the right wing echo chamber and by Mitt Romney himself, this case in no way impacted the right of military voters to cast Early Absentee ballots. To the contrary, it assured that all lawfully registered voters could do so.

This is a very clear victory for democracy.

UPDATE: The order [PDF] reveals that although Husted filed the application for a stay with Justice Kagan, she referred the request "to the Court," which, in turn, denied the stay without any dissents.

Where, in Pennsylvania, the state GOP admitted that they are not aware of so much as a single instance in which an ordinary citizen has been charged with, let alone convicted of in-person voter impersonation --- the only form of voter fraud that can be prevented by disenfranchising polling place Photo ID restriction laws --- there have been a growing number of claims that political elites have used a false residence to vote, often to insure their own elections in a district where they do not reside.

On October 2, a Los Angeles Superior Court Judge ordered that "Los Angeles City Councilman Richard Alarcon [D] and his wife will face trial on 23 felony counts of perjury and voter fraud" when the couple allegedly used a false address to both vote and qualify for elective office within LA's 7th district, according to Los Angeles Times. The Alarcons claim they were simply using a second home outside the district while their other home was being renovated.

The issue of false residency voter fraud is neither novel nor limited to Democrats like Alarcon. Indeed, as Brad Friedman has tirelessly documented, the issue of false residency voter fraud amongst high-profile Republicans --- including the GOP's 2012 nominee for President of the United States --- has approached epidemic proportions.

Class, as well as party, may explain the disparity between the ability of the elites to commit false residency voter fraud with near impunity as compared to the harsh impact of Photo ID laws that address a phantom menace as applied to the most vulnerable segments of our society.

Here are just a few recent cases of false residency voter fraud by some faces you will be very familiar with. Only one of them, to date, has faced any sort of actual accountability for their election crimes...

Chalk up another blow to transparency and an informed electorate, and another judicial victory for the democratic perversion known as corporate "free speech."

Last week, in Minnesota Citizens for Life, Inc. v Swanson, six of the eleven jurists serving on the U.S. Eighth Circuit Court of Appeal struck down the provisions of a Minnesota statute requiring corporations which create separate political funds in excess of $100 to file periodic financial disclosure reports with the state.

The case had been filed by three corporations, all of which contended that the reporting requirements were so onerous as to amount to a de facto ban on corporate free speech that violated Citizens United vs. Federal Election Commission [PDF]. That argument had been rejected first by a U.S. District Court Judge and then by way of a 2-1 Eighth Circuit panel decision. The majority on that panel had noted that even Citizens United recognized the government's right to "regulate corporate political speech through disclaimer and disclosure requirements" so long as the government did "not suppress that speech altogether."

On rehearing before the full 8th Circuit, Chief Judge William C. Reilly, a George W. Bush appointee, writing for the six member majority, acknowledged that the Minnesota statute "does not prohibit corporate speech." The majority ruled, however, that that state statute entailed excessive regulation which included an "ongoing" reporting requirement on the part of the corporate political fund that continues unless or until the corporation dissolves the fund. Chief Judge Reilly described that burden as both "onerous" and "monstrous."

The five dissenting jurists, which also included George W. Bush appointees, vigorously disagreed...

The petitioners challenging the Republican polling place Photo ID restriction law as a violation of the state Constitution in Pennsylvania, have filed their appeal to the state's Supreme Court, after being caught off-guard by a surprising and stinging defeat at the hands of a Republican Commonwealth Judge last month.

In their 68-page Pennsylvania Supreme Court brief [PDF], the petitioners in Applewhite vs. Commonwealth of Pennsylvania set forth a compelling legal case to demonstrate the need for a preliminary injunction in advance of the November 2012 President Election in order to prevent what they describe as the potential disenfranchisement of hundreds of thousands of lawfully registered voters.

The brief does much more than simply urge that Commonwealth Judge Robert E. Simpson, erred in applying the federal "minimum scrutiny" standard instead of subjecting Photo ID to "strict scrutiny" under state law because, they argue, it threatens to deprive hundreds of thousands of Keystone State citizens of a fundamental right to vote. The brief lays bare many of the GOP myths about the purpose of polling place Photo ID restrictions, while demonstrating why the GOP-enacted Pennsylvania law would not qualify as constitutional even under the less demanding test laid down by six of the U.S. Supreme Court's nine Justices in Crawford v. Marion County Board of Elections, their 2008 decision approving Indiana's version of a similar restriction on voting in that state...

BETTER LATE THAN NEVER?

President Obama, during his surprise Reddit chat last Wednesday, jumps into the Citizens United fray.

"I think we need to seriously consider mobilizing a constitutional amendment process to overturn Citizens United (assuming the Supreme Court doesn't revisit it)," President Barack Obama wrote last week during a surprise public Reddit chat.

"Consider mobilizing?" Groups like Move to Amend and Public Citizen initiated that mobilization shortly after the U.S. Supreme Court's radical-right quintet handed down that infamous decision in 2010. By July of this year, California had become the sixth state to call for a constitutional amendment to overturn Citizen's United.

"Assuming the Supreme Court doesn't revisit it?" The Court had an opportunity to revisit Citizens United earlier this year, or at least to limit its impact to federal elections. Instead, the same radical-right quintet expanded the reach of that democracy destroying decision by overturning a Montana Supreme Court decision which had sought to uphold a century old, state anti-corruption law.

While the President's remarks will no doubt be welcomed by the already-mobilized movement, one should not lose sight of the fact that they fall far short of an endorsement of either Vermont's proposed constitutional amendment or the measure introduced by Sen. Bernie Sanders (I-VT) in the U.S. Senate. Both efforts call for the end to "corporate personhood" and a determination that money does not equal free speech under the First Amendment.

If the President truly desires to spotlight what amounts to a hostile corporate takeover of our democracy, he will confront Mitt "corporations are people, my friend" Romney in the upcoming Presidential debates with an openly stated support for a constitutional amendment that, as the Sanders measure provides, establishes that the "rights protected by the Constitution...are the rights of natural persons and do not extend to for-profit corporations, limited liability companies, or other private entities established for business purposes." Indeed, that position could frame the issue for all candidates seeking public office in the 2012 election.

Guest blogged by Ernest A. Canning

Pennsylvania has refused to turn over documents that the U.S. Department of Justice (DoJ) had sought in order to determine whether the state's new polling place Photo ID restriction law is in violation of Section 2 of the Voting Rights Act (VRA) and other federal laws.

As previously reported by The BRAD BLOG, on July 23, Assistant Attorney General Thomas E. Perez submitted a four-page letter [PDF] to Carol Aichele, the Acting Secretary of the Commonwealth of Pennsylvania (coincidentally, the wife of Gov. Tom Corbett's Chief of Staff), requesting information in electronic format for 16 broad categories of documents that the DoJ felt were needed to evaluate whether the Keystone State's Photo ID law complied with federal laws barring discriminatory election laws.

In an Aug. 17 letter [PDF], the Commonwealth's General Counsel, James D. Schultz, responded to Perez, by telling him that PA would not comply with what Schultz described as an "unprecedented attempt to compel [PA], a state not within the purview Section 5 of the VRA, to present information concerning compliance with Section 2 of the VRA."

Section 5 of the VRA requires some 16 different jurisdictions in the U.S., with a history of racial discrimination, to get pre-clearance for new election-related laws. Pennsylvania is not one of those jurisdictions. However, all 50 states are barred from instituting discriminatory laws under Section 2 of the act.

Schultz accused the DoJ of targeting "a growing number of states…simply because they instituted legislation designed to insure the integrity of the voting process"...

Guest blogged by Ernest A. Canning

The horror that played out during the recent midnight massacre inside a Century theater in Aurora, CO is but the latest example of the danger posed to our safety and our very lives by the radical right's expansive interpretation of the Second Amendment.

On June 28, 2008, that view --- that the Second Amendment protects an individual's right to possess a firearm unconnected to service in a state militia --- became the law of the land, courtesy of the U.S. Supreme Court's hard right quintet's decision in District of Columbia v. Heller ("Heller") --- a 5-4 decision that ignored precedent, history and basic rules of constitutional interpretation.

Heller not only elevated the profits of the domestic small arms industry above the ability of government to protect our safety, our general welfare, our domestic tranquility and our very lives, but provided a disturbing new context to the eerily prescient 1991 warning provided by Sen. Edward Kennedy (D-MA) when he likened the confirmation of Clarence Thomas as an Associate Justice of the Supreme Court to a game of "Russian Roulette"...

Clearly, those "Turks" are just trying to steal her away from us!

Once again, the delightful Desi Doyen, co-host and managing editor of The BRAD BLOG's Green News Report was sitting in to guest host on The Young Turks yesterday along with longtime TYTer, Ana Kasparian.

They were both joined in the first hour, devoted to yesterday's stunning Supreme Court health care ruling, by Current TV's Jacki Schechner (an expert in health care legislation issues). The second hour, it was just Desi and Ana.

(By the way, Des will once again be sitting in today, Friday, co-hosting along with TYT top dog Cenk Uygur during the 4p-5p ET / 1p-2p PT hour. I'll try to remember to post the LIVE FEED here at The BRAD BLOG, but either way you can watch the full hour live at TheYoungTurks.com.)

A bunch of highlights from yesterday's two hours, on a bunch of topics covered --- from the health care ruling, to the RW push to close the last abortion clinic in Mississippi, to eating bugs to save the world, to new news on the Miami 'zombie' who tried to eat a guy's face --- all follow below. Enjoy!...

TWITTER: @GreenNewsReport
VIA SMART PHONE: Stitcher Radio!

IN TODAY'S RADIO REPORT: Record heat, record wildfires & Michelle Malkin on the run; Record flooding in FL so GOP fiddles with federal flood insurance; Climate deniers smack-down by appellate court is good news for anyone who breathes; PLUS: 80% renewable energy by 2050? New study says 'Yup! And it's easy!' ... 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): Exxon CEO calls climate change engineering problem; Chesapeake Energy Colluded With Rival To Lower Prices In Bid Wars; BPA Linked to Brain Tumors for the First Time; Feds Grant Approval for Southern Portion of Keystone XL Pipeline ... PLUS: Kardashians Get 40 Times More News Coverage Than Ocean Acidification ... and much, MUCH more! ...

Guest blogged by Ernest A. Canning

In case you were watching the misreporting by CNN and Fox "News", it was a win for the Obama Administration and a crushing defeat to the Republican opponents of health care insurance reform in this nation. It's that simple.

With the exception of that portion of the Act which permitted the federal government to punish states by cutting off the entirety of their federal Medicaid funds if they declined to expand state Medicaid services from limited categories of individuals to all individuals with incomes below 133% of the poverty level, the U.S. Supreme Court, by its 5-4 decision in National Federation of Independent Business v Sebelius [PDF], upheld all provisions of the Affordable Care Act of 2010 [ACA] against the constitutional challenges that had originally been filed in U.S. District Court by FL, 12 other states and business organizations...

Rep. Ted Deutch (D-FL-19) joined me live on today's BradCast on KPFK/Pacifica Radio to discuss two things:

1) Our exclusive from earlier this week on FL Gov. Rick Scott's voter purge/DHS database deception (an issue which Deutch has been raising hell about for several weeks) and 2) His OCCUPIED Amendment to get corporate money the hell out of our electoral system, particularly in the wake of the U.S. Supreme Court overturning Montana's 100-year old anti-corruption law on Monday.

I was delighted to hear the Congressman was nearly as furious about both as I was. He also confirmed that nobody has been able to verify the "100 or so" alleged "non-citizens" that Scott says have been found on the rolls (out of 182,000 identified in the initial purge list and out of 11.2 million voters), and also that there are still three FL counties --- Lee, Collier and Bay --- where the Supervisors of Elections may still be carrying out the faulty and disenfranchising systematic purge.

My rant explaining Scott's scam kicks off the show, before Deutch then joins us. Then, Desi Doyen joins us with the latest Green News Report and we take a couple of quick amusing calls.

Oh, and though I mentioned it at the top of the show, I forgot to reiterate it again at the end of the show, so I'll do so now: FL Gov. Rick Scott, FL Secretary of State Ken Detzner and/or their spokesmen were invited to appear on the show to offer their response to our Monday exposé. They declined to even respond to the invitation.

Download MP3 or listen online below...

So much for states' rights from the so-called "conservative" U.S. Supreme Court --- as if 2000's Bush v. Gore didn't already tell you that they, like other "small government Conservatives", were largely full of shit when making that pretend claim...only when convenient to their policy goals, of course...

You can read more about the courageous decision earlier this year by the Montana Supreme Court --- the decision struck down today by SCOTUS --- in Ernie Canning's coverage from January. In that case, even the dissenting MT Justice found the U.S. Supreme Court's "entire concept" of corporate personhood to be "offensive."

"Corporations are not persons. Human beings are persons, and it is an affront to the inviolable dignity of our species that courts have created a legal fiction which forces people --- human beings --- to share fundamental, natural rights with soulless creations of government. ... Indeed, it is truly ironic that the death penalty and hell are reserved only to natural persons," wrote the dissenting Justice James C. Nelson who, clearly, disagreed with Citizens United, but dissented in the MT case because he believed --- as SCOTUS affirmed today --- that they, not states, can decide how campaign finance will or won't work for every state in the entire nation.

The 5-4 Citizens United majority has essentially told Montana --- and every other state in the union --- that they may not run their own elections as they wish. Even though Justice Anthony Kennedy had written for the majority in that case that "independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption," the high court today decided not to review the record of corruption --- essentially, mining companies buying up the entire state legislature in MT back at the turn of the 20th century --- which gave rise to the now-dead Montana law.

In Justice Stephen Breyer's dissenting opinion of today's summary reversal (made without even hearing oral arguments), he writes: "[E]ven if I were to accept Citizens United, this Court’s legal conclusion should not bar the Montana Supreme Court’s finding, made on the record before it, that independent expenditures by corporations did in fact lead to corruption or the appearance of corruption in Montana."

"Given the history and political landscape in Montana, that court concluded that the State had a compelling interest in limiting independent expenditures by corporations," Breyer wrote in the dissent (joined by Justices Ginsburg, Sotomayor and Kagan). "Thus, Montana’s experience, like considerable experience elsewhere since the Court’s decision in Citizens United, casts grave doubt on the Court’s supposition that independent expenditures do not corrupt or appear to do so."

The court's one paragraph summary reversal and Breyer's full dissent can both be read here [PDF].

Guest blogged by Ernest A. Canning

Last week, after notifying the state of Florida of its intention to do so, the U.S. Department of Justice (DOJ) filed a lawsuit [PDF], seeking to halt what Asst. U.S. Attorney General Thomas E. Perez described in his June 11, 2012 letter [PDF] to FL Sec. of State Ken Detzner (R), as "a new program for systematic voter removal, which may ultimately target more than 180,000 registered voters."

A longtime respected election official in the state went further, describing the attempted scrubbing of the rolls to be "un-American".

The lawsuit alleges that the ongoing, systematic voter removal program violates the provisions of the National Vote Registration Act of 1993 (NVRA), which "expressly forbids such removal programs during the 90-day period before an election for Federal office."

The complaint seeks not only an immediate federal court injunction to stop the purge, but an order directing FL officials "to take all steps necessary to ensure that no registered voter identified as potentially ineligible based on the [faulty FL Department of Highway Safety & Motor Vehicles] database and voter verification procedures...is removed from the voter rolls within 90 days of a primary or general election for Federal office."

The injunction may prove to be necessary only in three of the Sunshine State's 67 counties --- Lee, Collier and Bay --- where election officials have signaled they intend to continue the allegedly unlawful voter roll purge, even after the actions taken by the DOJ.

When interviewed last week by Brad Friedman on the nationally-syndicated Mike Malloy Show, Leon County (Tallahassee), FL's legendary Supervisor of Elections Ion Sancho --- the man placed in charge of the aborted 2000 Florida Presidential recount --- explained the reasons why most of the Supervisors of Elections (both Democratic and Republican) in each of the state's 67 counties have now refused to carry out the state-ordered purge. He described the ongoing effort by the Governor and Sec. of State as "shameful."

The DOJ's 6/11/12 letter also responded to, and seemed to debunk, the claim made by FL that it had been denied access to a U.S. Department of Homeland Security (DHS) immigration database. The state, in its own lawsuit filed against the DHS last week, has cited lack of access to that database as their reason for using the less reliable state Dept. of Highway Safety and Motor Vehicles (DHSMV) database for the basis of its voter purge.

The purge, to date, has identifies hundreds of perfectly legal citizen voters for removal from the rolls.

The state of FL, in its response to the DOJ, appears not to be offering the full facts about their attempt to use the DHS database and, as it turns out, Republican Gov. Rick Scott should, by now, be very well acquainted with the perils of voter purges based on inaccurate information...as an apparent victim of one such purge himself...

[Now UPDATED with tonight's audio archives below!]

It's our penultimate (second to last!) day in our latest week-long sting filling to guest host the nationally syndicated Mike Malloy Show, as Mike and Kathy enjoy a much-deserved vacation. So we're making noise again tonight over your public airwaves, on the Internet (streaming links below) and on SiriusXM ch. 127!

Once again, we'll be BradCasting, LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from 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:

• SUE WILSON, media activist, director of Public Interest Pictures' Broadcast Blues, and a 22-year, award-winning veteran of broadcast journalism, and founder of the Media Action Center on how the "public airwaves" were used to "win" the WI recall election for Scott Walker, and what we the people can do about it.
• JOHN WELLINGTON ENNIS, Director of the upcoming documentary Pay2Play, Democracy's High Stakes and before that, 2008's Free For All: One Dude's Quest to Save Democracy on the increasingly insane effect of big, dark money on our electoral system in the post-Citizens United world.
• PLUS! Drumbeating Iran, Fossil fuel companies global warming woes, and much more, as usual, along with your phone 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 our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (use code 55447 when asked). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

POST-SHOW UPDATE: A surprisingly fun show tonight. Surprising (and fun) to me, at least. Hopefully you'll agree! The audio archives are all now posted below --- and ad-free, because we love you! Enjoy 'em, or your money back!...

Guest blogged by Sue Wilson

Whatever questions remain about Wisconsin Governor Scott Walker's recall election, there is no question that his campaign was built on big money, the likes of which we've never seen in a gubernatorial campaign before. And where did all that money go? Right into thin air - OUR air.

And as owners of the air - our public airwaves, to be precise - there is plenty we can do to combat the corrosive effect of big money on our elections, by holding our partners in broadcasting, local TV and radio stations, accountable to the communities they serve.

Citizens United, the Supreme Court ruling that the First Amendment prohibits government from restricting independent political expenditures by corporations and unions, is the reason huge amounts of money poured into the Walker camp from third parties like the billionaire Koch Brothers and others, (compared to the relatively paltry sum given to his opponent Mayor Tom Barrett by unions and others.)

As previously noted by The BRAD BLOG:

So the Walker recall gave us the first glimpse at how the infamous Supreme Court ruling will affect campaigns for years to come unless something changes. . There is a large and growing movement now from organizations such as Move to Amend, to amend the Constitution to help put the brakes on the unlimited spending allowed by Citizens United. Such an effort, however, will take years to accomplish, if it ever happens at all.

But what's not being talked about is where most of this unrestricted money goes: about half of all campaign dollars go directly into your local radio and TV stations' wallets --- local broadcast stations which get licensed in the public/private partnership of broadcasting ONLY IF they "serve the public convenience, interest, and necessity."

As to the First Amendment, the Supreme Court has also ruled, in Red Lion v. FCC that "it is the right of the viewing and listening public, and not the right of the broadcasters, which is paramount."

Nonetheless, until Citizens United is changed or overridden in some fashion, things are only going to get worse --- unless we the people do something about it now with a few, still-unused tools that remain at our disposal...