"Darkness cannot drive out darkness; only light can do that."
-- Rev. Dr. Martin Luther King, Jr.

When our corrupted U.S. Supreme Court, in June, handed down their closing opinions for last year's term, it became clear that we are facing a dark judicial hour in this nation.

Dark for women whose reproductive liberty and very lives have been placed at risk; dark for those who are drowning in seemingly insurmountable student debt; dark for those in the LGBTQ+ community who are seeing their very existence and right to medical care being challenged; dark for young African-American students hoping to acquire a higher education so as to overcome our nation's legacy of systemic racism; dark for the families of the ever-growing number of victims of mass shootings.

Our judicial institutions, for the moment, are still holding when it comes to accountability for the scoundrel who served as our 45th President. But, for too many others, the High Court has wrought a darkness brought on by the corrosive influence of the billionaire class and the "dark money" that billionaires and corporations use to corrupt our political and legal institutions.

That darkness comes courtesy of the Supreme Court's infamous 2010 Citizens United decision. It is a darkness also facilitated by political chicanery resulting in a Republican Party, which lost the popular vote in seven of the last eight Presidential Elections, packing a "corrupt" supermajority of six right-wing ideologues onto the nine-member High Court.

Their dark, radical interpretations of the Rule of Law have done more than simply endanger democracy's survival. By inventing a Second Amendment right of an individual to bear arms unrelated to military service in a State's "well-regulated" militia, the Roberts Court has become "destructive" of the first of the "unalienable Rights" listed in our nation's Declaration of Independence --- the right to "Life"!

Early last month, for example, CBS published a jaw-dropping U.S. statistic, citing "26 mass shootings in the first five days of July."

Yet, it is the dark and oppressive nature of the immensely unpopular decisions handed down by six unelected "radicals in robes", that, ironically, may help to facilitate a new dawn. The bright side of their decisions can be found in an incensed electorate, whose approval of the Court, as presently constituted, has plunged to a dismal 29%.

Democracy, as the late British MP Tony Benn described it, is "more revolutionary than socialist ideas." It is the light that can drive out the darkness.

The very existence of public revulsion towards the dark turn by the Court in recent years, such as overturning abortion rights and much more, make a 2024 Blue Tsunami possible. If the source of the darkness lies in the decisions of a corrupt and radicalized Supreme Court, then Democrats must convey a clear and coherent message that a vote for their candidates will serve to restore the light...including with reform of the Court itself...

On today's BradCast: The full letter and the full story behind the letter from Martin Luther King's widow, Coretta Scott King, that resulted in Senate Republicans voting to force Sen. Elizabeth Warren (D-MA) to sit down and shut up for the duration of debate over Donald Trump's objectionable nominee for Attorney General, Sen. Jefferson Beauregard Sessions III (R-AL). [Audio link to show follows below.]

We detail Sessions' failed 1985 "voter fraud" prosecution/harassment of black civil rights workers in Monroe, Alabama which resulted in the Senate's rare, bi-partisan 1986 rejection of Sessions for a federal judgeship under Ronald Reagan and why the fight for the right to vote matters as much now as it did back then...

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According to a Los Angeles Times "Debate scorecard," the opening segment of last week's third and final Presidential debate, concerning the respective nominees plans for appointments to the U.S. Supreme Court, was a "draw."

Three of the paper's pundits each proffered what at best could be described as a superficial one-paragraph explanation for their verdict: It was a "draw" because 1) an ordinarily unhinged Trump was "calm" and "sedate," and 2) by describing what they would look for in a nominee to SCOTUS, both candidates had appealed to their respective conservative Republican and liberal Democratic bases.

The "Debate scorecard" presents a classic example of what Bill Moyers derides as the "charade of fair and balanced --- by which two opposing people offer competing opinions with a host who assumes the viewer will arrive at the truth by splitting the difference" --- an unacceptable "substitute for independent analysis." Combined with the "draw" assessment, this form of irresponsible punditry lends itself to the false equivalency separately offered by FiveThirtyEight's Oliver Roeder, who suggested that both candidates were "promising an extreme candidate" to fill the vacancy left by the death of the late Supreme Court Justice Antonin Scalia.

In truth, the differences between the two Presidential nominees are profound. They represents the difference between oligarchy (Trump) and democracy (Clinton). Trump's preference for a judiciary that would protect the privileged few at the expense of the vast majority of ordinary Americans is both extreme and unpopular. Clinton's egalitarian criteria for judicial nominations is immensely popular and decidedly mainstream. There is nothing "extreme" about a jurist who is committed to the words that appear above the entrance to the U.S. Supreme Court: "Equal Justice Under Law."

What is especially troubling is that media pundits have erected a false equivalency on an issue of vital importance to the American electorate. Outside of global climate change, which threatens the very survival of humanity, the issue of what could turn out to be as many as three lifetime appointments to the Supreme Court over the next four years is amongst the most monumental that voters will face on Nov. 8. As we previously reported the fate of democracy itself is at stake.

Roeder and the three L.A. Times pundits would have understood that if they had bothered to either consult constitutional scholars or specific issue polls before erecting their false equivalency in their respective debate analyses...

On today's BradCast, Bernie Sanders meets with President Obama, who endorses Hillary Clinton; A look at recent convention battles and whether they suggest Sanders should drop out before the DNC's July convention; And we receive comment from Los Angeles County's chief election official on the seemingly alarming number of Provisional Ballots handed out to voters on Tuesday in the nation's largest voting jurisdiction.

First up, some breaking news from the U.S. 9th Circuit Court of Appeals which has now upheld the Constitutionality of restrictions on concealed carry weapons. Then, Bernie Sanders meets with President Obama at the White House, vows to work with Hillary Clinton to defeat Trump, but promises once again to continue his fight through next week's primary in D.C. and all the way through the Democratic National Convention in July. And President Obama finally endorses Hillary Clinton.

Next, we're joined by John Judis, formerly of The New Republic, now a Visiting Scholar at the Carnegie Endowment for International Peace and author of seven books, included his latest, The Populist Explosion: How the Great Recession Transformed American and European Politics. Judis, who voted for Sanders, nonetheless argues that it's now time for Sanders to bow out and endorse Clinton. He cites two recent historic examples of convention floor fights (Ford/Reagan in 1976 and Carter/Kennedy in 1980, not to mention the mess in 1968) to buttress his case.

Earlier this week at Talking Points Memo, Judis, who acknowledges "Clinton has a lot of weaknesses", nonetheless argued that Sanders should get out after California and endorse Clinton no matter who ended up winning the primary here. "What concerned me was that the Sanders people would take a win in California as a reason to really go fight it out at the convention, and I thought that that would be a terrible mistake for the party and for the country, because of what I've seen happen at those kind of conventions," he tells me today. "It's in the interest of people who are Democrats, liberals who are queasy about Donald Trump becoming our next President, to do what they can to help her. And having a big convention battle will not help her." He offers much more on today's show.

Finally today, the L.A. County Registrar-Recorder/County Clerk Dean Logan offers us response to concerns about the seemingly huge number of Provisional Ballots cast during Tuesday's primary. As we reported in detail on yesterday's BradCast (which included a bonus second hour of callers from across Southern California, both voters and poll workers alike, describing problems at the polling place on Tuesday), voters cast some 240,000 provisionals in L.A. County alone. Between those and the still-untallied Vote-by-Mail ballots, there still more than half a million untallied ballots in the County.

But, following yesterday's program and my query to Logan about the large number of provisionals, he conceded the number does appear "high, but not disproportionately so, compared to other major elections and given the Primary-specific elements everyone was dealing with." Today, as he had promised, he sent more details with provisional ballot numbers from recent comparable elections in 2008 and 2012, which he believes supports the case that the numbers from Tuesday aren't as disturbing as they may seem at first glance.

Logan also responds to concerns about the many reports we've been receiving and reporting on since Tuesday regarding voters being told they had requested a Vote-by-Mail ballot when they attempted to vote at the polling place, even though the voters say they had made no such request. He explains that he's found a number of such voters had registered online and --- either accidentally or due to poor "design of the original online registration application" --- had selected the box that would have made them a Permanent Vote-by-Mail "without intention or understanding". He adds, however, "that is speculative" at the moment, as more investigation and counting of those ballots moves forward. He has told me that L.A. County generally is able to verify and include about 85 to 90 percent of provisional ballots in their final certified results.

His complete response, and a few thoughts of my own in regard to this latest mess --- and so many before it --- now serving to mar confidence in the results of another important election, on today's BradCast...

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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"...

Guest blogged by Ernest A. Canning

"If we play Russian Roulette with the Supreme Court," Sen. Edward Kennedy (D-MA) said during the Clarence Thomas confirmation hearings, "if we confirm a nominee who has not demonstrated a commitment to core constitutional values, we jeopardize our rights as individuals and the future of our nation."

"We cannot undo such a mistake at the next election or even in the next generation," he warned. Too bad more of his Democratic colleagues failed to listen.

With four of the nine Supreme Court Justices now in their seventies, and the GOP Senate minority having bottled-up the Obama administration's nominations to the federal trial and intermediate appellate courts, the decision by the presumptive Republican nominee, Mitt Romney, to select Robert Bork (see video below), founder of the ultra-radical, right-wing billionaire-funded Federalist Society as his chief legal adviser has turned the 2012 Presidential election into a new, and far more serious game of "Russian Roulette" --- one that would give the same forces that were behind the Bush v. Gore judicial coup and the infamous Citizens United decision a super majority on the Supreme Court.

The harm to the rule of law that would accompany the expansion from four
Supreme Court radicals in robes to seven could not be remedied, as Kennedy warned, by "the next election or even in the next generation"...

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...

Guest blogged by Ernest A. Canning

"One of the great questions of our time is whether the American people, through Congress, will control the greed, recklessness and illegal behavior on Wall Street, or whether Wall Street will continue to wreak havoc on our economy and the lives of working families."
– Sen. Bernie Sanders (I-VT) 9/16/11

Sanders' question is indeed one of the "great" ones for our time. But, as Yoda said, "there is another."

If there was ever a candidate perfectly suited to expose the lie that is to be found in the pseudo-populism of the mega-billionaire Koch brothers funded and controlled 'Tea Party' that helped Scott Brown (R-MA) secure a reported upset win in the 2010 special election to fill the U.S. Senate seat vacated by the death of the late Edward "Ted" Kennedy (D-MA), it would be Elizabeth Warren, a Democrat.

The brilliant, straight-talking Harvard Law Professor and special adviser appointed by President Barack Obama to oversee the development of a new Consumer Financial Protection Bureau (CFPB), whose interview with Michael Moore for Capitalism: A Love Story (see video below) established her to be the same thorn in the side of Wall Street's financial "products" that Ralph Nader was to GM when he exposed the Corvair in Unsafe at Any Speed, announced last week that she is a 2012 candidate for the U.S. Senate seat now occupied by a GOP Senator who has turned to Wall Street, in a big way, for financial support.

There is little question but that Warren's brilliance, eloquence, and sincerity will come into play during the ensuing campaign. But while Warren plants her flag in the fight for oversight, transparency, and accountability for our financial system, will she (and other candidates) come to understand the importance of oversight, transparency, and accountability for our electoral system before it's too late? Before yet another election --- like the one which brought Brown to the Senate in the first place --- is decided under a cloud of unverified results reported by easily-hacked, oft-failed, optical-scan voting systems such as those made by Diebold and programmed by a company with a criminal background in the great commonwealth of Massachusetts?...

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...

Guest blogged by Ernest A. Canning

Robin Abcarian of the Los Angeles Times appears to be the type of reporter comedian Stephen Colbert had in mind during his blistering act at the 2006 White House Correspondence dinner:

"Here's how it works: the president makes decisions. He's the Decider. The press secretary announces those decisions, and you people of the press type those decisions down. Make, announce, type. Just put 'em through a spell check and go home. Get to know your family again. Make love to your wife. Write that novel you got kicking around in your head. You know, the one about the intrepid Washington reporter with the courage to stand up to the administration. You know - fiction!"

As revealed by her front-page Los Angeles Times article, "Swinging at the left, hit or miss," Abcarian, apparently armed with nothing more than the baseline, mainstream media accounts of the Shirley Sherrod scandal, paid a visit to the West Los Angeles office of the man whom Brad Friedman aptly described as a "pathological liar" and "race baiter;" jotted down Andrew Breitbart's latest spin about himself and the Shirley Sherrod fiasco, and then dutifully spit out a fawning account which accepted at face value Breitbart's latest claim that he simply failed to "wait for full video" of the Sherrod speech, and which described Breitbart as a "new-media phenom;" a "transformed...liberal" who became "a star of the 'tea party' movement" after experiencing an epiphany during the confirmation hearings of Supreme Court Justice Clarency Thomas, whom Breitbart describes as "an American hero" who was unfairly targeted by "a cavalcade of Caucasians asking...about his very private video rentals!"

In Abcarian and the Los Angeles Times, Andrew Breitbart, the consummate con-artist, had found yet another vehicle for rewriting history...

Since writing today's piece for Upstate New York's right-leaning Gouverneur Times, a new poll has come out this morning showing the Republican Scott Brown now leading the Democrat Martha Coakley by 4 points in the race for the U.S. Senate seat formerly held by a Democrat named Kennedy for nearly 60 years.

As of last night, when I filed the story with them, the latest survey from a Democratic-leaning pollster showed Coakley up by 8, though a day or two earlier, Republican Rasmussen had Brown down only by 2 points.

Suffice to say it's now officially "a toss-up," at least according to the Rothenberg Political Report, and to all the Dems and Reps now sweating out what was previously thought to have been an easy Democratic win.

With the 60th "filibuster-proof" Senate seat now hanging precariously in the balance, I'm sure you'll be delighted to hear that the winner will now be whoever Diebold declares it to be. The near-entirety of the state will vote next Tuesday on paper ballots to be counted by Diebold op-scan systems. The same ones used dubiously in the New Hampshire Primary in 2008, and the same ones notoriously hacked --- resulting in a flipped mock election --- in HBO's Emmy-nominated Hacking Democracy.

And to make matters even worse, the notorious LHS Associates --- the private company with the criminal background that has admitted to illegally tampering with memory cards during elections, and which has a Director of Sales and Marketing who embarrassed himself with obscene comments here at The BRAD BLOG some years ago, resulting in his being barred from CT by their Sec. of State --- sells and services almost all of MA's voting machines along with those in the rest of New England.

Read my detailed coverage of the entire sad affair over at Gouverneur Times today. And yes, here we go again...

UPDATE 1/18/10: FOLLOW-UP: Election experts issue "Orange Alert", what you can do to help protect the election, and a bunch of my interviews on all of the above, now here...

Guest blogged by Ernest A. Canning

As recounted in a front-page article in The New York Times, on the strength of a single "yes" from a member of the Party of No, President Barack Obama described the 14 to 9 Senate Finance Committee vote in favor of the Baucus health care bill as "a critical milestone," adding, "We are now closer than ever to passing health care reform."

With all due respect, Mr. President, it is nothing of the sort. To the contrary, the Senate Finance Committee has produced nothing less than a legislative obscenity.

After nearly a year of back room deals and unending propaganda, which has included extensive corporate media coverage of insurance industry sponsored, wing-nut assaults on town halls, fabricated issues about "death panels," the exclusion of single-payer advocates from the White House and the Senate Finance Committee, and a deafening corporate media silence about the widespread public support* for a single-payer (Medicare for All) system, the time has come to pierce through the confusion by asking and answering a few simple questions...

Guest blogged by Ernest A. Canning

In an update to Small Victory for a Long-Term Single-Payer Strategy, I reported that “Rep. Anthony Weiner, (D-NY) will...make a motion before the House Energy & Commerce Committee to...replace H.R. 3200 [the hybrid, "public option plan] with H.R. 676 --- single payer Medicare for All."

In exchange for Weiner's agreement to withdraw his amendment during the House Energy and Commerce Committee health care markup session, House Speaker Nancy Pelosi (D-CA) promised to permit Weiner to bring H.R. 676 to a vote on the House floor.

But will the House leadership direct the Congressional Budget Office (CBO) to provide a comparative cost analysis between single-payer and alternative plans so that Congress and the American people can make an informed choice? And why have they refused to do so so far?...

Guest Editorial by Ernest A. Canning

"Americans think that it’s healthcare that produces health, when there really is very little evidence for that. What turns out to be really important is the nature of caring and sharing in society….Where societies are more equal --- and economic equality is the thing that is most important in this --- people look after each other…and pretty well everyone does better. There’s almost nothing that is better in a society that tolerates the extreme levels of inequality in the United States. And so, we end up dying younger than people in all the other rich countries, despite spending half the world’s healthcare bill." - Dr. Stephen Bezruchka, March 30, 2009

"Who are we? Is this what we have become --- a nation that dumps people off like garbage who can't pay their hospital bills?" - Michael Moore, following a segment in which a confused elderly woman in a flimsy hospital gown is dumped curbside near a Skid Row rescue mission, in his documentary Sicko!*

In Failed States (2006), Prof. Noam Chomsky, a preeminent linguist and one of this nation’s most prolific political writers, concludes that the U.S. suffers from a “democracy deficit” --- the significant gap between the policy positions of the electorate and their elected representatives --- which he attributes to the manner in which “elections are skillfully managed to avoid issues and marginalize the underlying population…freeing the elected leadership to serve the substantial people.”

The deficit is especially acute in what Chomsky describes as “the most dysfunctional healthcare system in the industrial world.” Chomsky notes that a single-payer system --- that is a system in which all medical providers would be paid by a government entity as now occurs with Medicare --- has long been overwhelmingly favored by “a considerable majority” of the American people, but routinely dismissed by both the corporate media and the leaders of both political parties as “lacking political support” and not being “politically possible.”

The issue touches on the core contradictions which arise because we have allowed private authoritarian entities, corporations, to subvert democracy by controlling our economy, our mass media and the manner in which we conduct elections.

This piece will focus on the irrationality of a privatized health care system which values the wealth of a handful of CEOs of the parasitic and entirely unnecessary middle-men --- for-profit carriers and HMOs --- over the health and very lives of our people. It will explain what corporate America and their bought-and-paid-for politicians do not want you to hear...

"These remarks display a shameful lack of understanding and sensitivity that is unacceptable in the person charged with enforcing the nation’s laws against voting discrimination," Sen. Ted Kennedy (D-MA) wrote in a question sent to Attorney General Nominee Michael Mukasey today concerning bizarre and objectionable comments made earlier this month by the DoJ's Civil Rights Division Voting Section chief, John Tanner.

Tanner, whose recent remarks at the National Latino Congresso in Los Angeles, as video-taped and first reported by The BRAD BLOG earlier this month, have sparked outrage, leading to calls for his firing last week by Senator Barack Obama (D-IL), this past Wednesday by Rep. Jerrold Nadler (D-NY). Civil Rights groups have also called for Tanner to be canned in the wake of his remarks claiming that Photo ID restrictions at the polling do effect the elderly, and that that's a "shame." But, minorities needn't worry because "they don't become elderly. They die first."

"The Voting Section of the Civil Rights Division has failed miserably in its responsibility to enforce the Voting Rights Act during this Administration," Kennedy said in a statement quoted by TPM Muckraker. "The latest shameful revelations from the Section drive home the urgent need for the next Attorney General to install strong leadership to allow the Voting Section to return to its historic role in ensuring access to the ballot."

Kennedy's question to Mukasey, which TPM Muck has in full, ends with "If you are confirmed, will you review Mr. Tanner’s record and consider whether he should be replaced as head of the Voting Section?"

But for those paying very close attention to Mukasey's confirmation hearings last week, his position on the controversial Photo ID issue --- a concern since some 10 to 30 million legally registered voters, largely Democratic-leaning minorities and elderly, are believed not to have such IDs and would therefore be kept from voting --- was troubling.

We had to review the testimony several times, as given in answer to questions by Sen. Ben Cardin (D-MD), to figure out where he fell on this issue. But a close reading reveals that, while Mukasey offered clear responses objecting to voter suppression issues such as misinformation concerning polling place location, he was far dodgier on the question of polling place Photo ID restrictions.

Close review of the transcript --- posted along with the video in full below --- reveals that Mukasey feels that overt disenfranchisement efforts via dirty tricks, such as misleading and/or threatening fliers and phone calls, definitely amounts to "flat-out fraud and pernicious fraud."

His feelings about disenfranchising Photo ID requirements, however, are far different...