On today's BradCast, we catch up on a lot of news, polls, twists and turns --- most of which underscore, yet again, why elections and representative democracy matter...no matter what the corporate "news" media tries to tell ya.

Among the stories covered on today's thrilling episode!...

• New polls find, once again, that Bernie Sanders leads Hillary Clinton in match-ups against all potential Republican opponents (and even among Democrats nationally); Also, that the front-runners in each party are remarkably unpopular within their own parties.
• Bruce Springsteen cancels a North Carolina concert Sunday due to the state Republicans' new pro-discrimination law;
• The GOP in Nebraska is attempting to 'swipe' a potential electoral college vote from Democrats;
• San Francisco (where the economy is booming, as it is elsewhere here in California, now under Democratic control), becomes the first U.S. city to mandate paid parental leave;
• More clear evidence that thinking big about policies and progressive ideas pays off when the people bother to fight for them and turn out to vote (when they are allowed to vote, anyway), rather than turn cynical and stay home.

All of that and much much more on today's program, including new evidence that the Keystone pipeline leak in South Dakota is far worse than originally reported by TransCanada, the company which owns it, and Desi Doyen joins us with the latest Green News Report which also includes some very encouraging news today...

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On today's BradCast, guest host Nicole Sandler of Radio or Not takes a short break from the elections to see how North Carolina became the most anti-LGBT state in less than one day, with Zack Ford of Think Progress.

Then, it was back to the campaign madness and a battle of the delegates and hashtags. Gaius Publius checks in with the actual, accurate Democratic delegate counts, and a realistic assessment of the race moving forward.

And it’s Hashtag Wars, as Nicole tracks down Leslie Lee, @tokyovampires, who started the hashtag #BernieMadeMeWhite after the mischaracterization of Saturday’s caucus states. And a hashtag started trending while we were recording today’s show, #HillaryToneDeaf.

Is it November yet?

Download MP3 or listen online below...

On today's BradCast, guest hosted by Nicole Sandler.

Today, Nicole speaks with David Dayen about his latest for The Intercept "Hillary Clinton Just Picked Sides With the Democrats’ Warren Wing Against the Rubin Wing" because it came as such a surprise!

Also today, Kim Davis - the KY County Clerk who refused to issue marriage licenses - was found in contempt and sent to jail until she's ready to do her job! Travis Gettys of Raw Story explains what happened.

Download MP3 or listen online below...

Today's landmark SCOTUS ruling on marriage equality was an extraordinary end to an extraordinary week. So, that what I was more than happy to cover on today's BradCast.

Rights win again, as the U.S. Supreme Court finally declares marriage equality to be a fundamental right to Americans in all 50 states in the union. We discuss the 5-4 opinion in Obergefell v. Hodges, its Constitutional basis, its fallout, its dead enders, and how we predicted it years ago --- even as the GOP was using "gay marriage" as a politicized weapon back in the 2004 elections.

Our guest is Raw Story's Mike Rogers, who, as a journalist, has been helping to lead the way in this fight for years and served as the inspiration behind Kirby Dick's 2009 documentary film, Outrage, "a searing expose of the secret lives of closeted gay politicians".

Rogers credits the Internet and the first-hand coverage of cases that it allowed, for shifting American opinion so quickly on the issue. It "gave us the opportunity to do the most important thing, which is to tell the stories in our own voices," he explains. "America hearing from those folks, and being able to more creatively use the media and the web --- to be able to move those stories of people with kids, people with spouses, people who were widowed like Jim Obergefell in his case, and what it will mean for him and his family now that his marriage is recognized in Ohio --- that happened because of a shifting change in the media. Change doesn't happen without that."

Mike has also been a long-time friend of the blog and the show, having joined us for our "Big Gay Hour" episodes years before such things were done in polite company over our nation's public airwaves. Plus: Desi Doyen joins us for the latest Green News Report, to take us into the weekend. Enjoy the show!

Download MP3 or listen online below...

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UC Irvine law professor Rick Hasen was among the first to notice the "strange rephrasing" of the questions the U.S. Supreme Court agreed to hear [PDF] when it combined four different marriage equality challenges on Friday.

The questions from the different appellate court challenges that the Court agreed to entertain --- after the 6th Circuit broke with every other federal appeals court in the nation and allowed restrictions to remain on marriage rights in Michigan, Kentucky, Ohio and Tennessee --- were combined to just two questions on which the Supremes agreed to hear arguments:

Hasen described the way the first question was written as "quite odd", explaining: "Rather than ask about an equal right of gays and lesbians to marry same sex partners, it asks about the right of the states to deny same sex marriage."

Indeed, amid the jubilation following the narrow 2010 ruling by SCOTUS in the Windsor case, which effectively struck down the federal Defense of Marriage Act (DOMA), The BRAD BLOG's legal analyst Ernest Canning pointed out that "by limiting its decision...the court left open to future adjudication of two vitally important questions":

Note the difference in the wording of Canning's "unresolved questions" from 2010 and how the Court has subtly adjusted the issue raised in the first question to become one of state's rights, rather than of equal justice under the law for the same-sex couples to be married there.

Hasen observes that the Court's new wording also "leaves open the possibility that states could get out of the marriage business entirely," as unlikely as they may seem. Other legal experts, such as Ilya Shapiro at Forbes, agreed the re-wording of questions by the Court was "unusual". "Typically the justices simply decide whether to take a case based on the petitioners' articulation," he explained.

Hasen says the unusual reframing by the Court and the late hour in the day on Friday that their order was finally released, "raises the question of why were they rewritten" in the way they were, and "with an accompanying direct order --- I've not seen that before --admonishing the parties to stick with discussing these questions presented."

So, is something afoot here?...

I know I shouldn't be, but I'm still amazed at the absolute cluelessness of far too many election officials. Yes, some of them are great, know exactly what they're talking about, and realize that the electronic voting systems we use in this nation --- every single one of them --- are complete garbage.

Last month, we reported on a recent Palm Beach County, FL, election in which the paper-ballot optical-scan system declared several losing candidates as the "winners." Thanks to the diligence the Supervisor of Elections Susan Bucher --- who told me when we spoke, "I don't want you to have to trust your election officials. I think your election officials have to prove it." --- the software failure on the Sequoia Voting Systems tabulator was discovered and the correct winners of the election were ultimately discovered via a 100% hand-count instead, weeks after the election.

Also last month, we highlighted two great election officials in Columbia County, NY where both the Democratic and Republican Election Commissioners are smart enough to refuse to rely on the electronic optical-scanners made by Dominion Voting that were forced on them by the state. They choose, instead, to count 100% of their paper ballots by hand.

"Since I, as election commissioner, have to certify to the accuracy of any election run under my watch, that steers me in the direction of a more elemental process --- a hand count under the watchful gaze of individuals who are invested in its accuracy," Democratic Commissioner Virginia Martin wrote in her must-read 2010 op-ed, explaining her refusal to rely on computer tabulated elections. The Republican Commissioner, Jason Nastke, agrees with his counterpart. "The most accurate and reliable method is a 100% visual audit," he told The Columbia Paper, "The machines are not completely reliable."

Late last year The BRAD BLOG reported in detail on the Interim Board of Elections (two Republicans, one Democrat) in Venango County, PA, who bucked their own County Commissioners and legal threats from ES&S, the nation's largest e-voting company, to have their 100% unverifiable touch-screen systems independently investigated after failures in several recent elections. The forensic study found the central tabulator had been "remotely accessed" by someone on "multiple occasions," including for 80 minutes on the night before the 2010 general election. As thanks, the commissioners were pushed out of their jobs before the investigation was completed. Asked why the County Commissioners and ES&S were so opposed to an independent forensic analysis by two Carnegie-Mellon computer scientists, the Republican Director of the Board, Craig Adams told me: "They know there's something wrong."

Those are just a few of the many great election officials I've had the pleasure of reporting on over the years, and the voters of their respective counties are very lucky to be served by them.

And then there are the election officials of Anchorage, Alaska, where, on April 3rd, there was another disastrous election, held on Diebold op-scan systems, in a state becoming known for its disastrous elections.

"Those are amazing machines - utterly amazing," Anchorage Election Commissioner Gwen Mathew told members of the Anchorage Assembly last Friday night during a working session as they tried to unravel the latest disaster.

"It is impossible for them to go haywire," she misinformed the law makers. "They are highly accurate. I think that I could almost say that they're totally accurate. I've never found a discrepancy."

"You can get as 'conspiracy theory' as you want," Anchorage's Deputy Municipal Clerk Jacqueline Duke said when I asked her about some of the many reported concerns about the validity of the election in Alaska on Monday. She seemed to have even more faith in the infallibility of the machines than Mathew...

[Hat-tip Andrew Sullivan...]

Guest blogged by Ernest A. Canning

In her Sept. 9 decision [PDF] in Log Cabin Republicans vs. United States, U.S. District Court Judge Virginia A. Phillips, a 1995 Clinton appointee, determined that "Don't Ask, Don't Tell" (D.A.D.T) is unconstitutional as it violates First Amendment rights even within the more restrictive confines of military speech.

The court rejected the government's argument that Log Cabin Republicans lacked standing to initiate the action, noting that at least one member of the group, John Nicholson, was discharged from the armed forces because of "Don’t Ask, Don’t Tell.” It expressly found that D.A.D.T "does not significantly further the government’s interest in military readiness or unit cohesion," and directed plaintiff's counsel to prepare a "Proposed Judgment, including a Permanent Injunction" by no later than Sept. 16.

Whether the Eric Holder Justice Department will appeal, despite President Obama's pledge to seek a repeal of D.A.D.T., is an open question...

Guest blogged by Ernest A. Canning

In Meg Whitman, Wall Street, 'Billionaire Sociopaths' and the Media 'Substance Deficit' I reported:

Apparently Whitman now feels that campaigning exclusively by way of paid-for propaganda (political ads) will not be enough to evade scrutiny of her economic "plan" to "rescue" California's economy (a rehash of Bush tax cuts for wealthy people and business, the elimination of climate change regulations and imposition of further draconian spending cuts to a state government already operating on life support --- a plan which a group of economists, including Stanford University's Kenneth Arrow, a Nobel laureate, have derided as policies which would "deepen California's budget crisis and are likely to reduce employment and economic growth").

Whitman has now pandered to what she may mistakenly believe was a majority of Californians who voted against marriage equality in passing Proposition 8...

Guest blogged by Ernest A. Canning

Proponents of equality for all will have to wait a bit longer --- again --- before seeing marriage equality return to the Golden State.

A three judge panel of the U.S. 9th Circuit Court of Appeal has issued an order [PDF] granting a motion to stay the Aug. 4, 2010 decision by a U.S. District Judge which had found California's ban on same-sex marriage to be unconstitutional. Judge Vaughn Walker's ruling would have allowed marriage equality to resume as of Wednesday, but that is now on hold pending appeal by proponents of the constitutional amendment put into law by Proposition 8 in November of 2008.

The 9th Circuit panel, on its own motion, expedited both briefing and a hearing on the appeal, which will be scheduled for the week of December 6. The stay essentially means that California officials could not sanction new same-sex marriages until either a decision is rendered on the appeal or the panel lifts the stay.

Addendum In my haste to report on this breaking story, I neglected to include the following statement from the 9th Circuit decision...

A number of noteworthy news items occurred yesterday while I was on the hot, hot, hot Midwestern road for the entirety of the day. These are several among those items...

Greene Indicted on Obscenity Charges

South Carolina's mystery Democratic nominee for the U.S. Senate (the one whose election "victory" is only explicable through malfeasance or malfunction of the 100% unverifiable ES&S iVotronic touch-screen voting systems) was indicted on obsenity charges yesterday. One of the charges was an "extremely rare" felony count. The state Democratic Party chairwoman, Carol Fowler --- the one who presided over the 5-hour Executive Board protest hearing by Greene's primary opponent Judge Vic Rawl who argued that voting machine failure was the only explanation for the unknown, jobless, money-less, campaign-less Greene having "won" --- has asked him, again, to voluntarily step down from the nomination. When asked if he'd be willing to accept the nomination if Greene steps down, Rawl has told The BRAD BLOG previously that he'd cross that bridge when/if he came to it.

Appelate Court Backs Congressional Defunding of ACORN

A 3-judge panel (two Rs, 1 D) on the 2nd District Court of Appeals has unanimously reversed [PDF] the ruling of a federal district court judge last March concerning the Congressional defunding of ACORN in light of deceptively-edited video tapes published by Rightwing propagandists Andrew Breitbart and James O'Keefe. The appellate court determined that Congress can target a specific group for punishment, despite what the district court judge had identified as an unconstitutional Bill of Attainder in light of the government having "offered no...unique reason to treat ACORN differently from other contractors accused of serious misconduct." U.S. District Court Judge Nina Gershon had previously granted injunctive relief to the four-decade old community organization after finding they were barred "from federal funding without either a judicial trial or an administrative process applicable to all government contractors." The 3-judge appellate panel disagreed. ACORN's legal representation has called the decision "deeply flawed," says they are planning to ask the full court for reconsideration, and added "We cannot let Congress act like judge, jury and executioner without any hearings at all."

O'Keefe Accidentally Admits to Being Immoral

And speaking of ACORN, the Rightwing dirty trickster and federal criminal James O'Keefe who hacked together secretly-taped videos in order to phony up the idea that the anit-poverty, pro-democracy community group was committing some sort of crimes, has, according to Think Progress, admitted during a recent speech that what he does is "the nadir of morality." ("Nadir" means "lowest point", versus "zenith" which means "highest".) No worries though. O'Keefe's employer, the discredited, pathological liar Andrew Breitbart, has plans to deceptively re-edit the video of O'Keefe in order to "fix" that little Freudian slip.

Stephanie Comes Out!

Finally, the most fun news of the day comes from progressive radio talker and friend of The BRAD BLOG, Stephanie Miller. During a moving program yesterday, Miller announced to listeners that she was gay, noting that it's been an "open secret" among close friends and family for years, but that a "perfect storm" of events (the recent federal court ruling that CA's Prop 8 ban on same-sex marriage was unconstitutional and the fight to repeal the federal "Don't Ask, Don't Tell" policy in the military, etc.) led her to the belief that it was the right moment to come out to her listeners and the public. The BRAD BLOG sends our props and kudos to Stephanie for her courageous decision. The audio of her "coming out" segment, follows below...

The conservative victories in favor of the Constitution and equal rights for all continue, as the Reagan/Bush I-appointed U.S. District Court Judge Vaughn Walker has just ruled that same-sex marriages in California may resume once again as of 5pm PDT, August 18th.

Opponents of equality have until then to appeal the decision at the 9th Circuit Court of Appeals.

Walker's ruling today follows his recent ruling which found that the state's Prop 8 constitutional amendment banning such marriages is in violation of the U.S. Constitution's equal protection and due process clauses.

• The court's 11-page ruling, lifting his temporary stay, is now here [PDF].
• CNN coverage
• MSNBC coverage
• Fox "News" coverage (emphasizing possibility of appeal)

Seriously, what part of "conservative values" and the "U.S. Constitution" do Fox "News" "conservatives" not get?

As we've been pointing out for years, and as we re-iterated yet again on Wednesday when CA's Proposition 8 banning same-sex marriage was found to be unconstitutional by a Reagan/Bush I-appointed federal judge, the ruling was "Great news for real conservatives who believe in the U.S. Constitution and its guarantee of equal protection under the law!"

Poor Fox "News" viewers, however, have been so obscenely and opportunistically disinformed for so many years about what "conservatism" actually means (basically, they've been told by the Fox/GOP opportunists that Republicanism is the same thing as conservatism, when it's usually anything but, and foolish folks on the non-Right have continued that fiction by describing them as "conservatives"), that they've had a next-to-impossible time wrapping their grotesquely disinformed brains around what last Wednesday's extremely conservative ruling actually means.

The scam that has been played on wingnuts --- inaccurately and opportunistically conflating Republicanism with Conservatism --- has rarely been more clear than it was on Fox News Sunday today, when anchor Chris Wallace's "conservative" disinformation train ran smack-dab into the brick wall of conservative facts and reality offered by Theodore Olson, George W. Bush's former Solicitor General (he of the infamous Bush v. Gore), who happens to be the plaintiff's victorious lead attorney in the Prop 8 case.

So, we'll ask again: What part of "conservative values" and the "U.S. Constitution" do Fox "News" "conservatives" not get? As we've got many such disinformed phony "conservatives" trolling us here at The BRAD BLOG, we'll look eagerly forward, as always, to their amusing, self-defeating, non-conservative, anti-Constitutional comments in reply to this video [courtesy of RAW STORY]...

Great news for real conservatives who believe in the U.S. Constitution and its guarantee of equal protection under the law!

A U.S. District Court Judge, first nominated by Ronald Reagan and then appointed under George H.W. Bush, has struck down CA's Prop 8 which added an amendment to the state constitution banning same-sex marriage equality. The state's majority Republican-appointed Supreme Court had previously found no basis for banning same-sex marriage in the CA constitution. That finding was, in effect, overturned at the ballot box in November 2008 by Prop 8 which ended same-sex marriage in the state and left thousands of marriages in limbo until today's finding.

As New York Magazine was first to report...

TPMMuckraker's Rachel Slajda reports that "Supporters of Prop 8 (that is, opponents of gay marriage) have already promised to file an appeal," and she now offers more quotes from Judge Vaughn Walker's landmark decision.

• Here's a copy of the final ruling [PDF].

And just a reminder to those of you foes of equality and the Constitution: Remember, where same-sex marriage is found to be legal and Constitutional, it will still be voluntary. You will not be forced to marry someone of the same sex. Just in case that's been unclear up until now.

UPDATE: CNN reports that, in a separate ruling [PDF], Walker grants a stay to his finding, pending appeal by the opponents of equality. If appealed, as is almost certain, the case will go to the 9th Circuit Court of Appeals and then likely to the U.S. Supreme Court.

Marcy Wheeler of emptywheel tweets a very interesting point, worth remembering, in relation to the likely inevitable hearing before the U.S. Supremes...

While I'm preparing for tonight's Mike Malloy Show --- the last night of my latest week-long guest hosting stint for him --- and working on a story concerning the exclusive news we brought you on a disturbing new break in a years-long election fraud mystery in Pima County, AZ during Hour 2 last night (audio archive here, listen to "Hour 2"), I thought you might enjoy a very short, but fun clip from the first hour of last night's show.

The caller was "Billy" from Austin, and he was calling to dispute my take on yesterday's encouraging news of the U.S. District Court judge in MA who found the federal ban on same-sex marriage to be unconstitutional.

"Billy" was very confused about marriage and about being a "conservative" --- which he isn't, as I explained, while I am. Give it a listen.

Download MP3 or listen online below [appx 6.5 mins]...

For the record, "Billy" hung up on himself. I didn't hang up on him. Also, bonus points for those who catch the amusing South Park allusion which "Billy" didn't seem to.