[This article now cross-published by Salon...]

Wisconsin's Republican Gov. Scott Walker notched a huge victory today at the U.S. 7th Circuit Court of Appeals. The ruling could very well result in the controversial Governor's re-election this November --- at the expense of untold thousands of legally registered voters who may now not be able to vote at all this year.

This morning, a three-judge panel heard Walker's appeal to the federal ruling that previously struck down his Photo ID voting restriction law. By afternoon, almost immediately following the hearing, the three GOP-appointed federal judges (a Reagan appointee, and two George W. Bush appointees) restored the restrictive voting measure [PDF] in advance of the November general election.

As reported by the Journal Sentinel:

Even before the ruling came down, reports from the courtroom earlier today had suggested that it wasn't looking good for those fighting for voting rights there, and that the judges might even order the previously struck-down law to be implemented before this year's mid-term elections, where Walker faces a neck-and-neck re-election contest with his Democratic opponent, Mary Burke.

Instituting the law at this late date, the plaintiffs argued, would cause extraordinary confusion. "I think it would be extremely irresponsible for a court to do something that would so change the landscape not only for the (state Division of Motor Vehicles) but for election officials," Larry Dupuis, legal director of the American Civil Liberties Union of Wisconsin told the Journal Sentinel after today's hearing.

UC Irvine election law professor Rick Hasen noted the same earlier today, before the ruling had come down, explaining why it would be "a very bad idea" to implement this law "just before the election."

Making matters worse, and more confusing for voters and elections officials, the WI GOP's Photo ID voting restriction covers absentee ballots as well as polling place voting, unlike most similar laws enacted by Republicans in other states, where only in-person voting is effected. But, according to the Journal-Sentinel (in a report now replaced online by an updated version on the court's late ruling), the fact that thousands of absentee ballots have already gone out to voters this year without an explanation on them that Photo ID needs to be supplied when they are returned, could result in even more disenfranchisement in the Badger State...

On Wednesday, U.S. District Court Judge Martin Feldman became the first federal judge since the U.S. Supreme Court's 2013 Windsor decision to uphold a state marriage-equality ban. But it's hardly the first questionable ruling by Feldman.

On this week's KPFK/Pacifica Radio BradCast I was joined by BradBlog.com's legal analyst Ernest A. Canning to discuss his 2010 call for Feldman's impeachment after his ruling that lifted the temporary federal moratorium on off-shore drilling following the BP oil disaster in the Gulf. Feldman, it turns out, failed to disclose his many conflicts of interest in the case or recuse himself at the time.

(And speaking of corrupt federal judges with lifetime appointments who need to be impeached immediately, please do not forget this one!)

I also talked with Ernie about his belief that Photo ID voting restrictions will be struck down by the federal court in Texas, and then at the U.S. Supreme Court.

Other issues also covered on this week's show: rape and murder convictions tossed out after 30 years for two NC men on death row, thanks to DNA evidence; the CA 'recount' reform bill blocked by state Republicans after the close election in state history; the new report finding Citizens United has directly resulted in more Republicans elected to office; and much more, including, as usual, Desi Doyen and the latest Green News Report...

Download MP3 or listen online below [appx 58 mins]...

I'm sure fans of the Death Penalty will be terribly disappointed to learn that these two men have had their convictions tossed after 30 years in jail and before they could be killed by the Government...

UPDATE 9/3/2014: Dahlia Lithwick at Slate offers more details on this case, and explains how U.S. Supreme Court Justice Antonin Scalia cited the case of McCollum, who we now know to be innocent, several times over the years in support of the Death Penalty.

 

IN TODAY'S RADIO REPORT: Napa earthquake is a warning for CA's nuclear plants; Scott Brown's amazing climate science flip-flop; Another coal plant bites the dust in NC; Cutting emissions will save more money than it costs; PLUS: Fighting drought with a 'salmon cannon'. Yep --- a salmon cannon ... 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): Japan industry now fighting 'Minimata' toxic mercury treaty it supported last year; Methane bubbles discovered seeping in Atlantic Ocean; UN draft report: irreversible damage from human-caused climate change unless faster action taken; Daming dams - large dams destroy communities; Oil trains compete with grain trains; Which kills more birds - coal or solar? ... PLUS: Climate science geo-engineering pioneer fears it's all about to blow up ... and much, MUCH more! ...

On this week's BradCast on KPFK/Pacifica Radio, I invited peace activist David Swanson to explain to me why it's wrong for the U.S. to take military action in Iraq amidst what the President describes as "genocide".

David is a friend, occassional guest blogger here, and author of War is a Lie (2007), When the World Outlawed War (2011) and War No More: The Case for Abolition (2013).

I pressed him and he offered a smart, persuasive, and well-reasoned case. Yet, I'm still not certain that I'm persuaded. Please give the short conversation a listen and let me know what you think.

We also took calls on the above, and covered a bunch of other stuff, including updates on the CA Supreme Court nixing the "corporate personhood" ballot initiative (Prop 49); the extraordinary North Carolina "voter suppression" law that a federal judge (W. Bush appointee) has allowed to move forward for now; and the remarkable story of federal judge Mark Fuller --- who helped railroad former AL Gov. Don Siegelman (D) into federal prison --- being arrested and charged for allegedly beating up his latest wife in an Atlanta hotel room over the weekend.

All of that, and a visit from Desi Doyen with the latest Green News Report, as the News Summer from Hell continues...

Download MP3 or listen online below...

During an appearance last week on the Allan Handelman Show on WSJS in North Carolina --- a state, like almost every one in the union now, where non-corporatist, non-wingnut views are almost non-existent over our public airwaves --- I was discussing the state Republicans' new voter suppression law, which is, hands-down, the most draconian in the nation since the era of Jim Crow was supposed to have ended.

While a Rightwing caller, apparently, was on hold to participate in the show, I detailed the fact that the polling place Photo ID restriction part of the GOP law (just one part of their horrific anti-voting statute) would do nothing to prevent so-called "voter fraud", since polling place impersonation is, for all intents and purposes, non-existent in this country, as this 2012 study by a non-partisan news consortium, detailing every known and/or reported incident of election or voter fraud in all 50 states going back to 2000, illustrated once again.

Once the caller "Jay" finally made it to air, his admission was quite revealing --- and even courageous --- yet illustrative of just about everything that is wrong with our corporate media (and the politics it has created) these days.

What he had to say is not what you'd probably expect. Give it a listen...

Download MP3 or listen online below. [Appx 9 mins, lightly edited to cover for a commercial break between two segments]...

Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...

We had a very enlightening conversation with The Nation's Ari Berman, straight out of the courtroom in North Carolina, on today's KPFK/Pacifica Radio BradCast.

Ari is in NC covering this week's hearings in federal court challenging what we've described as "the nation's most restrictive voter suppression law", as enacted by state Republicans just days after the U.S. Supreme Court gutted the Voting Rights Act last summer.

This case --- and NC's law --- are really amazing. Most importantly, the results of this challenge, and the way the VRA must now be used to fight to protect voters from discriminatory laws, will be very important to similar challenges now pending across the country. In other words, this fight is important to NC, but it's arguably even more important to the entire nation.

Next up, we discussed the Rightwing stooge "reporter" Matthew Boyle, responsible for the fake 2012 story about a U.S. Senator and Dominican prostitutes, and my run-in with that same fake journalist back in 2011.

Then, Desi Doyen joins us for a few thoughts on Kentucky's genius climate change denying state Senator Brandon Smith and, as usual, for the latest Green News Report.

As a listener noted on Facebook tonight: "What a heavy duty broadcast today's was!", before adding: "It. Was. Awesome. And scary." Well, thanks! And you're welcome!

Download MP3 or listen online below [appx 58 mins]...

Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...

[This article now cross-published by Salon...]

The case against North Carolina's radical voter suppression law begins hearings today, as the U.S. Dept. of Justice, the ACLU, the League of Women Voters and other plaintiffs seek a preliminary injunction on the most sweeping and restrictive "election reform" bill in the nation.

After Republicans took over both the legislature and the Governor's office in the Tar Heel State for the first time since Reconstruction, they instituted what we described after passage of the law in 2013 as "the nation's most restrictive voter suppression law".

In addition to draconian polling place Photo ID restrictions (despite any evidence of in-person voter impersonation in the state), the legislation also shortens the early voting period; eliminates NC's very successful same-day voter registration program; eliminates pre-registration for 16- and 17-year olds; bars counting provisional ballots cast in the right county but wrong precinct; prohibits extending poll hours even for extraordinary circumstances such as long lines; allows any registered voter in a county to challenge the eligibility of anyone else to vote in the same county; and much more.

Virtually every anti-voting provision that has been passed or attempted to be passed by Republicans across the country was included in NC's legislation. After House Bill 589 --- known officially as the Voter Information Verification Act (VIVA) --- was originally adopted in July of 2013, then signed days later by Gov. Pat McCrory (R), we explained it to be "the whole ball of wax. Everything that a Republican desperate to stay in power by keeping legal (Democratic-leaning) voters from being able to cast their legal vote could ever want, short of a provision declaring outright that 'Non-Republican voters need not apply'."

As the hearings begin, the Winston-Salem Journal's coverage over the weekend drew a bead on just how transparently partisan this legislation is, as it ballooned from 16 to 57 pages just days after the U.S. Supreme Court gutted the federal Voting Rights Act, before the law was adopted by both the state House and Senate in just two days...

[This article now cross-published by Salon...]

Just over a week ago, The BRAD BLOG's legal analyst Ernie Canning posited that the decision by a federal court in Wisconsin to strike down that state's polling place Photo ID law could signal "the beginning of the end" for such disenfranchising, Republican-enacted laws around the nation.

Since that landmark ruling in the Badger State, new signs from top elected Republican officials in Pennsylvania and Iowa, and even in Wisconsin, suggest that the (at least) decade-long GOP "voter fraud" fraud may have finally peaked, and will now begin the inevitably long slide into abandoned, historical shame.

We don't want to be too quick to declare the demise of this insidious attempt at reviving Jim Crow with a sophisticated and nefariously misleading legal patina, but after covering this beat for a decade --- long before much of the general public, much less the Democratic Party itself, seemed to notice --- it seems that the recent landmark court ruling in WI, followed by last week's towel toss in Pennsylvania and embarrassing revelations in Iowa, may be seen in the not-too-distant future as the moment that the GOP "voter fraud" fraud finally began to permanently unravel...

This week's federal court decision to strike down Wisconsin's polling place Photo ID law has national significance and does not bode well for Republicans who have been attempting to advance such electoral schemes in recent years, as based on misleading "facts", wild claims and dishonest interpretations of case law and court precedent.

The court's landmark decision in the Wisconsin case contains a methodology for testing the law's constitutionality that, if applied by other courts in similar federal challenges to similar laws in other states, would likely mark the beginning of the end for Republican-enacted, polling place Photo ID restrictions. We describe that possibility as "likely", given that a careful reading of prior case law suggests that six of the Supreme Court's nine Justices have already subscribed to legal opinions that are consistent with the methodology used by the federal court in Wisconsin.

In late 2011, shortly after the filing of the first of the two federal cases that resulted in this week's ruling finding that Wisconsin's polling place Photo ID law (Act 23) violated both the U.S. Constitution and Section 2 of the Voting Rights Act (VRA), The BRAD BLOG explained why the issues before the federal bench in Wisconsin "could reverse similar laws nationwide."

The 90-page decision and order [PDF] that U.S. District Court Judge Lynn Adelman meticulously crafted, not only after a full trial on the merits, but over a span of more than 3 1/2 months following it, suggests that our earlier prediction may have been an understatement.

In declaring Wisconsin's Republican-enacted Photo ID law unconstitutional and a violation of federal law, Judge Adelman applied a very specific test for the law, one called for by the U.S. Supreme Court back in 2008. That same test, measuring the potential benefits of such laws against their possible harm to voters' rights, if similarly applied elsewhere, would likely invalidate most, if not all of the similar restrictions which have been rammed through numerous GOP-majority state legislatures over the past six years.

While stopping short of describing Republican "justifications" for such laws as a mere pretext for voter suppression, Judge Adelman's decision persuasively finds that the core GOP claims about the supposed need for polling place Photo ID restrictions cannot withstand judicial scrutiny when tested against a fact-based reality in a court of law. The judge found, in no uncertain terms, that such laws are constitutionally infirm because, without legitimate state interests for such restrictions, they serve only to disproportionately disenfranchise the poor, the elderly and minority voters...

[This article now cross-published by Salon...]

Very big news out of a federal court in Wisconsin today, where the state's polling place Photo ID law (Act 23) has now been struck down as both a violation of the federal Constitutional as well as under Section 2 of the Voting Rights Act.

While similar laws, all enacted by Republicans, have been struck down by state courts before --- indeed, Wisconsin's, was already found in violation of the state constitution in state court --- and in federal courts under Section 5 of the Voting Rights Act, today's ruling is the first to strike down such a law under Section 2 of the VRA.

The landmark ruling will almost certainly have national implications for federal challenges in other states against similar restrictions recently enacted by Republicans.

Last summer, the U.S. Supreme Court gutted the heart of the VRA by making Section 5 unenforceable until Congress passes new legislation to determine which jurisdictions must pre-clear new elections laws with the U.S. Dept. of Justice before they are put into effect, due to a history of racial discrimination in elections in those jurisdictions. Section 2, however, bars discrimination in all 50 states, even though, unlike Section 5, it cannot be applied until after the new law in question goes into effect.

Judge Lynn Adelman's ruling [PDF] today, finding WI's version of the law discriminatory and in violation of both Section 2 and the 14th Amendment of the federal Constitution, is likely to have an impact on federal challenges to similar laws in states such as Texas and North Carolina, where federal cases are pending to block similarly discriminatory polling place restrictions.

Moreover, the judge placed the racial and class discrimination and disenfranchisement that would be caused by this law in stark terms, in regard to how many otherwise legal voters in Wisconsin might lose their right to vote, and how such a law might have directly affected the results of the state's 2010 election, had it been place at the time...

[This article now cross-published by Salon...]

A Circuit Court judge has resoundingly rejected Arkansas' new Photo ID restrictions on voting, declaring the law to be "null and void" and in violation of the state's Constitutional right to vote.

Last year, after Republicans took over the Arkansas statehouse for the first time since Reconstruction, they passed an onerous Photo ID restriction law for voting. The Democratic Governor Mike Beebe vetoed the new restrictions, but that veto was subsequently overridden by the Republican legislature.

Pulaski County Circuit Court Judge Timothy Davis Fox' 2-page Summary Judgement [PDF] finds in favor of plaintiffs in the case, the Pulaski County Election Commission and against both the defendant, the Arkansas State Board of Election Commissioners, as well as the Republican Party of Arkansas which intervened on behalf of the Board of Election.

In his Thursday ruling, Fox found the law to be "unconstitutional in that it violates Articles 3, Section 1 and Article 3, Section 2 of the Arkansas Constitution."

Section 1 of Article 3 details the "Qualifications of Electors" in the Arkansas state Constitution, declaring that, "Except as otherwise provided by this Constitution, any person may vote in an election in this state who is: (1) A citizen of the United States; (2) A resident of the State of Arkansas; (3) At least eighteen (18) years of age; and (4) Lawfully registered to vote in the election."

Section 2, on the "Right of Suffrage" states that "Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage; nor shall any law be enacted whereby such right shall be impaired or forfeited, except for the commission of a felony, upon lawful conviction thereof."

Given the very clear and straightforward language of the state Constitution, this seems to have been a very easy case. Republicans, however, are reportedly preparing to appeal the ruling...

This week's KPFK/Pacifica Radio BradCast is chocked full of important news and insightful analysis that actually matters and that you simply won't hear anywhere else.

Among the items covered on the show this week:

• Today's mass stabbing at a PA high school; How it stacks up against recent mass shootings; and what Archie Bunker might have to say about it;
• Emmy award-winning journalist, media activist and BRAD BLOG contributor Sue Wilson of the Media Action Center joins us to discuss the FCC's surprising recent vote to de-consolidate corporate TV outlets; The millions minted for mainstream media by the Supreme Court's McCutcheon decision; Her FCC complaint, due to be heard soon, with potential broad consequences, over whether rightwing talk radio campaigning in Wisconsin leading up to the Scott Walker recall was "bonafide news", or whether it violated federal law and/or the Zapple Doctrine.
• The new Heart Bleed bug and how that massive, newly discovered Internet security vulnerability further underscores the insanity of Internet Voting (and the various elected officials and candidates calling for it.)
• Good news rulings in the DoJ's federal challenges to polling place Photo ID restriction laws passed by Republicans in TX and in NC, as reported recently by The BRAD BLOG's legal analyst Ernie Canning.
• Bill O'Reilly's personal hypocrisy knows no bounds (wait until you hear what he said about Tesla in 2011 and then in 2014), as Desi Doyen joins us for that and the latest Green News Report.

And all of that in less than an hour! That oughta hold ya until next week!

Download MP3 or listen online below...

P.S. While you're listening, please consider donating to The BRAD BLOG so we can continue to afford to keep bringing you this kind of news, programming, journalism and analysis. We really need your support these days to keep going. Thanks in advance!

A U.S. District judge has ruled that Republican legislators in North Carolina must provide documents revealing their work in passing and implementing a radical election reform bill which, when it was passed last year, was described by opponents as the "worse-than-anyone-would-have-ever-imagined voter suppression bill."

Late last week, U.S. District Court Magistrate Judge Joi Elizabeth Peake issued an Order [PDF] in which she rejected a blanket refusal by NC Republican state legislators to provide any documents that relate to the question of whether the sweeping legislation known as the Voter Information Reform Act ("VIVA" aka HB 589) amounted to nothing less than a racially-motivated attempt to deprive African-Americans of their constitutional right to vote.

As we observed when the law was hastily enacted last year, among the law's myriad ways of making registration and voting much more difficult, VIVA includes "draconian polling place Photo ID restrictions (despite the absence of any evidence of polling place impersonation in the state), shortens the early voting period and eliminates NC's very successful same-day voter registration program."

VIVA was quickly passed last year on the heels of the U.S. Supreme Court's controversial, 5-4 decision in Shelby County v. Holder. The decision resulted in the gutting of a central provision of the federal Voting Rights Act. Before that, most of the measures in VIVA could not have taken effect unless they received advance approval from either the U.S. Department of Justice (DoJ) or a federal court. Such approval could have been obtained only if NC established that VIVA was neither intended to nor would have the effect of denying or abridging the right to vote on account of race, color or being the member of a language minority.

The new ruling may help plaintiffs establish violations of both the still-standing elements of the Voting Rights Act and the U.S. Constitution. Moreover, the order to compel documentation concerning the law's genesis in NC, if upheld, could also have a broader national significance...

Hey! Great news! Just in time to practice up your hacking skills before the 2014 mid-term elections, you can now buy your very own ES&S iVotronic touch-screen voting system from eBay!...

Yes, the very same voting systems that are so incredibly sensitive and vulnerable to tampering (and which have failed so often in so many states and in so many elections) that both election officials and Elections Systems & Software, Inc. (ES&S) have long attempted to keep them out of the hands of the public, can now be yours for just $499.99 or "Best Offer" via eBay! And that includes Free Shipping!

And, oh, look! One of them is already sold!...