On today's BradCast, with the first Presidential caucuses and primaries of 2016 now just days away and the first mass voter suppression trial of the year now underway (in North Carolina), we look at a number of recommendations to improve our voting system. But is it too late to make much of a difference for 2016?

First up, some breaking news on the possibility of an added Democratic debate after the Iowa caucuses and before the New Hampshire primary, and some thoughts on the human cost of Climate Change-fueled extreme weather (over just the past month) versus Islamic terror attacks in the U.S. in the 15 years since 9/11.

Then, on to our conversation with Myrna Peréz of the Brennan Center for Justice's Democracy Program to discuss her new report: Election Integrity: A Pro-Voter Agenda. The paper offers six important areas --- from voter registration to polling access to vote casting and counting --- where the U.S. system can and must improve its integrity without sacrificing security or access to the voting booth.

"It is possible to protect election integrity without disenfranchising eligible voters," Peréz writes in her report about the solutions she and the Brennan Center offer. "All target fraud risks as they actually exist. None will unduly disenfranchise those who have the right to vote."

As she explains to me today: "We are having is a very contested moment in time where the right to vote is being challenged in a way that we haven't seen in decades. We are seeing politicians trying to manipulate the rules of the game such that some people can participate and some people can't. And we have that butting up against states that have very restrictive budgets, and may not actually have the money or resources to make reforms that would even save money long-term, because they require an initial investment. That, coupled with infrastructure problems --- like we have been registering voters in a really out-of-date way for too long, and we haven't updated our voting machines --- are all colliding to produce a period of worry, where when voters step into the polls on Election Day in November, they're not going to be getting the best customer service for their tax dollars. And that they're not going to be voting in a way that's consistent with what the greatest democracy in the world should be doing."

"We tried to look at where there were opportunities to improve what we're doing, and actually study and address some of the concerns that folks are having," Peréz says. "And do it in a way that is sensible and thoughtful and common sense, in terms of making sure that the cure isn't worse than the disease. And make sure that we're not disenfranchising more people than we're trying to prevent from perpetuating fraud."

We discuss, among many things in our detailed conversation, the real threats to election integrity --- not "voter fraud" by individuals at the polling place, as vote suppressors on the Right would like you to believe, but far more often, and in a much larger way, by political and election insiders. "We need to make sure that our politicians, who are using our resources and our taxpayer dollars, are fixing a problem that is real and addressing it in the most cost-effective and efficient way."

Finally on today's show, a few words and memories in regard to the recent tragic loss of Wisconsin's John Washburn, an integral member of the U.S. Election Integrity community and a reliable and important source over the past decade to me here at BradBlog.com and on the radio, on e-voting in general and, in particular, on some of the nightmarish elections disasters in the Badger State over recent years. John was a great proponent of transparency, open government, proper testing of electronic voting systems and, frankly, one helluva guy. As noted in my more detailed In Memoriam on today's program, John's loss, at the age of 53, is a particularly tragic and costly one for the cause of democracy and free and fair elections in Wisconsin as well as the rest of the nation. We send our thoughts and best wishes to his family, including his wife and three children. His institutional knowledge, good humor and wit will be greatly missed in 2016 and beyond, but his good fight will continue.

(John's guest blog contributions to The BRAD BLOG are here. You can sort through some of his other contributions to our stories and radio programs over the years here. And much more documentation of his work on EI matters and more is still available at his personal website right here. UPDATE: John's family has requested remembrances be posted on this tribute page.)

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In a carefully reasoned, 29-page decision, Chief U.S. District Court Judge B. Lynn Winmill struck down, as unconstitutional, an "Ag-Gag" statute that, according to the court, had been drafted for the express purpose of shielding Idaho's agricultural and dairy industries "from undercover investigators and whistleblowers who expose the agricultural industry to 'the court of public opinion.'"

"Under the law," the decision explains, "a journalist or animal rights investigator can be convicted for not disclosing his media or political affiliations when requesting a tour of an industrial feedlot, or applying for employment at a dairy farm. An employee can be convicted for videotaping animal abuse or life-threatening safety violations at an agricultural facility without first obtaining the owner’s permission." The offender not only faces up to one year in prison, but could be ordered to pay twice the economic loss an owner suffered as a result of publication of the video even if its content was true.

The Animal Legal Defense Fund (ADLF) and several other organizations, including the ACLU, filed the federal lawsuit and moved for summary judgment, alleging that the Idaho "Ag-Gag" statute violated both the First Amendment right to free speech and the Equal Protection Clause of the 14th Amendment. The court agreed, expressly noting that "agricultural...operations that affect food and worker safety are not exclusively a private matter" and that the right to free speech includes the ability to rely upon audio and visual recording...

Today on The BradCast, special coverage in commemoration of the 50th anniversary of the Voting Rights Act of 1965 --- the crowning jewel legislation of the civil rights movement, written with the blood and tears of thousands, and now under fire today as it has never been since its passage helped lift the nation out from under the shackles of the Jim Crow era.

Sam Walker historian at Selma, Alabama's National Voting Rights Museum and Institute, at the foot of the Edmund Pettus Bridge, joins us to discuss the Act's history and legacy --- from the circumstances of the courageous Bloody Sunday march from Selma to Montgomery that finally resulted in the passage of the VRA, to the release of the movie Selma last year.

Among other things, he reminds us of the difficulty African-Americans faced in simply trying to register to vote in the deep south prior to the VRA. "Two days a month --- the first Monday and the third Monday --- were the only two days you could go and attempt to register," he told me. "Those were the days when they would see people coming and they would lock the door when they tried to come inside....You still couldn't register because you couldn't get inside the building to sign up."

Walker, who we haven't had on the show since the 40th anniversary of the VRA back in 2005, shares stories that need to be heard, even today. One, for example, about his meeting, years later, with one of the state troopers who took part in the beatings on Bloody Sunday. Another, about the importance of cameras and national media on that infamous day in Selma.

"The people in the media had their cameras set up when the attack happened, so when people were being beaten and tear-gassed, all those scenes were captured by the TV cameras and by the news media on camera. And that started a new momentum to try to get the right to vote for all our citizens." Sound familiar?

Then, former DoJ Civil Rights Voting Section attorney Katherine Culliton-González of the Advancement Project, joins us to discuss the ongoing legal battles in the fight for voting rights across the country in the wake of the U.S. Supreme Court gutting the VRA's landmark Section 5 provision in 2013 --- and the battle to restore it.

"All we have to do is look around us and unless they're living in a bubble, they can see that's there's been a renaissance in discrimination in voting since they took away that protection," she explains. From Congress to Texas to North Carolina to Wisconsin and beyond, the fight continues 50 years later.

"There are many, many voting changes across the country, and particularly in the South, at the local level that do all kinds of maneuvers of politicians trying to manipulate the vote. Moving poling places away from people of color - that happens a lot in the Native American community, the African-American community. We've seen laws requiring documentary proof of citizenship that have a strong disparate impact on the Latino community and the African-American community. For example, if you're a naturalized citizen and you don't have those papers, it's going to cost you at least $600 to get what's needed" to vote, she says. "All of this would have been subject to Section 5 of the Voting Rights Act."

Culliton-González reminds us, as the NC NAACP civil rights leader Reverend William Barber says, "this is our Selma".

Finally, civil rights icon Rep. John Lewis (D-GA), beaten by state troopers on Bloody Sunday as he courageously and stoically helped lead the march across the Edmund Pettus bridge as a 25-year old, discusses the importance of LBJ signing the Act in 1965. It's one of many historical sounds and songs that help us mark this historic day.

I hope you enjoy today's very special program!...

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On today's BradCast, we start where we left off on yesterday's show, regarding Thursday's amazingly corrupt and disturbing ruling in favor of Scott Walker and his cronies --- by the amazingly corrupt Wisconsin Supreme Court --- and how, if Republicans have their way, that ruling may soon enough become the law of the land for the entire nation.

As our producer Desi Doyen noted on today's show: "This is your early warning system." Ignore at your peril. Then it was on to a couple of quick items and updates, including dumb Confederate flag wavers in Oklahoma and Maine's even dumber Governor Paul LePage.

From there, we head to North Carolina, where "the most extreme anti-voter bill passed by any state since the Jim Crow Era", as we initially described it when it was passed by state Republicans back in 2013, is finally now facing trial against the NAACP, the ACLU, the DoJ and other democracy and voting rights advocates.

We are joined by The Nation's author/journalist Ari Berman, who was in the federal courtroom in Winston-Salem, NC this week as the trial finally got under way. The results of this trial are likely to head all the way to the U.S. Supreme Court, one way or another, and may well determine the future of voting rights in this country. The new voting restrictions were passed in 2013, just days after the U.S. Supreme Court demolished the provision of the Voting Rights Act that otherwise, says Berman, would have kept this law --- which is "already disenfranchising voters" --- from even taking effect.

"That's such a clear case study to me that the Supreme Court was wrong when it said that the special protections of the Voting Rights act weren't needed." Berman goes on to explain why he believes NC, a state which had made astounding progress in voting rights over the previous decade, has now become the new Selma, Alabama, where the bloody fight for voting rights led directly to passage of the federal Voting Rights Act in 1965.

"In North Carolina, they had seemingly everything," Berman tells me. "They had all these voting reforms --- early voting, same day registration, pre-registration for 16 &17 year olds. And it was all taken away or reduced" when the GOP took over both the state legislature and Governor's mansion for the first time since Reconstruction in 2013.

"What Selma in the 1960s and what North Carolina in the 2013-2015 era shows is how far these conservative white Southerners will go to protect political power. There aren't billy clubs. There aren't literacy tests. But they're saying this is how black turnout increased --- North Carolina went from 48th in voter turnout in the late 80s, to 11th in voter turnout in 2012 --- Republicans there basically said we're gonna tamp this turnout down."

And now it's left to the courts to find out if those rights, once granted, can be taken away by political whim --- and if NC, and other states with a history of racial discrimination in elections, will be forced once again to face preclearance from the federal government before they can enforce any new voting restrictions.

Berman has a lot of insight on all of this. His new book, Give Us the Ballot: The Modern Struggle for Voting Rights in America, will be published next month to coincide with the 50th Anniversary of passage of the VRA. As I note during the show, the book is an exhaustively researched and heart-wrenching documentation of the uniquely American and harrowing tale of the fight to vote in this country --- and the outrageously long and continuing effort to block it. That fight continues, sadly, to this day. Go buy his book!

Finally, Desi joins us again for some listener email and then a stunningly upbeat Green News Report for a change!...

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On today's BradCast...

• Obama responds to critics of the Iran deal --- legitimate ones and Republicans. (I'm glad the grownup is driving.)

• Trump continues to rise --- and for good reason. (Should we endorse him?)

• NAACP wants to sandblast a huge monument to the Confederacy --- which feels a bit too Taliban-y for my tastes. (But am I wrong?)

• All of that and more today, including: Listener calls on all of the above; I wrestle with technical probs; and Desi Doyen joins us for the latest Green News Report! Enjoy!

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IN TODAY'S RADIO REPORT: Alaska and the Pacific Northwest are on fire; Warming oceans linked to more shark attacks in North Carolina; China and Brazil formally commit to cutting their greenhouse gas emissions; PLUS: Fracking companies can now be sued for causing earthquakes... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): BP Agrees To Pay ‘The Largest Environmental Settlement In History’ Over Its 2010 Oil Spill; California Oil Train Risks Worse in Minority Areas; The Heat Is On: Climate change will make deadly heat waves like Pakistan’s and Europe’s worse than ever; Calif. May Allow Expanded Production as Oil Spill Cleanup Continues; 5 Things to Know About 2,4-D, the 'Possibly' Cancer-Causing Herbicide; Midwest flood risks could be underestimated by five feet... PLUS: Judge: Maui Ban On GMO Crops Is Invalid... and much, MUCH more! ...

Today on The BradCast I spoke with Tyson Slocum,the Director of Public Citizen's energy program following the explosion and now oil spill into the Hudson River at the controversial Indian Point nuclear facility just 30 miles north of New York City and the 20 million people in harms way in the metropolitan area. What went wrong at the facility? Why is it still even in operation? And, oh, yeah, should we be worried still about what is happening at Fukushima while we're at it?

Then, I was joined by "DocDawg" of Daily Kos whose startling analysis published late last week, documenting an as-yet unexplained plummet in voter registration forms submitted via public assistance agencies in North Carolina since Gov. Pat McCrory (R) took office, has now lead to the threat of legal action by civil rights groups [PDF] who see a disturbing violation of the National Voter Registration Act (NVRA or "Motor Voter Act") of 1993. Someone has some explaining to do in the Tar Heel State where Republicans there have also enacted the most extreme voter suppression law since the Jim Crow era. You gotta check out this disturbing story!

Plus, some breaking news on the jackass George Zimmerman who was reportedly involved in yet another shooting today and a new report finding that the Baltimore City Jail turned away thousands of arrestees since 2012 after they were brought in by police but too injured to be admitted.

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Recently, North Carolina opinion columnist and NC Insider editor Patrick Gannon misinformed readers of the Asheville Citizen-Times by telling them that the anti-voting law passed by Republicans after they took over the statehouse in 2013 --- a law which we (and others) have described as "the nation's worst voter suppression law since the Jim Crow era" --- isn't actually so bad.

"In many ways," apologist Gannon writes, the bill simply "put North Carolina more on par with other states."

He argues, as if it's a good thing, that while NC "once had among the least restrictive --- or more voter-friendly --- sets of election laws...That is no longer true." So, less "voter-friendly" is just fine by him, it seems.

Gannon offers justification for each of the key restrictions that now hamstring NC's once rather progressive and, yes, voter-friendly election laws, by arguing that the GOP's changes do little more than put the state back in line with voting laws in other states "including Texas and South Carolina." Again, as if that's a good thing.

But a Citizen-Times letter writer, in response, offers a key clarification to one of the most egregious bits of misinformation offered by Gannon --- one frequently parroted by Rightwing vote suppressors --- that the Photo ID restrictions passed as part of NC's new law are just like provisions for Voter IDs in "34 states that have passed voter identification requirements."

That, as letter writer Mike Burns accurately (if more politely) explains, is complete bullshit...

A few weeks ago, our legal analyst Ernie Canning warned how the U.S. Supreme Court's pending decision on whether or not to hear the ACLU's challenge to the Wisconsin GOP Photo ID voting law might be the last chance before the 2016 Presidential elections to determine the Constitutionality of such laws.

On Monday, the Supreme Court decided not to grant cert in the WI challenge in the Frank v. Walker case. The decision is not a ruling on the merits of the case or the Constitutionality of the law. It simply means that, for now, there were not four votes on the Court to hear the ACLU's challenge at this time.

It also means that, barring further court action or a quick decision on a similar law out of another state, polling place Photo ID restrictions on voters will be allowed in the Badger State in 2016. That, despite the fact that the federal trial court found, when striking down the law as unconstitutional and a violation of Section 2 of the Voting Rights Act last year, that the new Republican-enacted law may serve to bar some 300,000 disproportionately Democratic-leaning and already lawfully registered voters from casting a ballot in the state's Presidential election.

There is also more than a bit of irony in this matter, in that, after U.S. District Court Judge Lynn Adelman soundly rejected the law in 2014 --- finding that "evidence adduced at trial demonstrates" WI's Act 23 "disproportionately impacts Black and Latino voters" and that the law would "prevent more legitimate votes from being cast than fraudulent votes" --- the 7th Circuit Court of Appeals deadlocked (disingenously) 5 to 5 on whether to stay the original ruling. That deadlock meant the stay would be granted and the WI law would be allowed, barring further court challenges, despite the fact that 6 federal judges had voted to strike down the law, while just 5 had voted in its favor. To make matters worse, Act 23 had also been struck down previously in state court as a violation of the state constitution as well. Nonetheless, in this matter, a minority of judges successfully ruled against the majority.

All of that, despite a blistering dissent filed in last year's 7th Circuit Court WI decision by against the law (and all such laws) from revered conservative 7th Court of Appeals Judge Richard Posner. Posner's original ruling in favor of a Photo ID restriction law in Crawford v. Marion County, Indiana, was the basis of the first such case to be heard by the U.S. Supreme Court, upholding Indiana's Photo ID law in 2008. So his unambiguous reversal on the issue, now that we know much more about such laws, was noteworthy and, opponents of the law had hoped, convincing to the Supremes who have, for many years, favorably cited the legal scholar's opinions.

Though the 7th Circuit's decision to temporarily stay the original ruling striking down the law was later vacated by the U.S. Supreme Court last year --- on the basis that the stay was made too close to the election --- the discriminatory law is now back in place in the state. The refusal by the Court to grant cert this weeks means that it will likely remain in place as the next Presidential election begins.

Some watching these matters closely, however, believe that Monday's decision by SCOTUS to not hear the Wisconsin case may ultimately be a good thing, perhaps "a blessing in disguise"...

As we find ourselves smack dab on the 50th anniversary of the Bloody Sunday march for voting rights in Selma, Alabama, there are some key decisions from the U.S. Supreme Court, coming very soon, which may well determine whether millions of otherwise lawfully registered and disproportionately Democratic-leaning African-American and Hispanic voters will be prevented from voting in the 2016 elections.

The decision that emerges from the Supreme Court's March 20, 2015 Conference in the Wisconsin polling place photo ID case, Frank v. Walker, could well be dispositive in that regard. It also may be the last chance to avoid the legal chaos that plagued the 2014 elections, during which similar voting restrictions, in state-after-state, were implemented, struck down, restored, or, with respect to Wisconsin, blocked again. Where, last year, the Court's eleventh hour decisions preserved the right to vote in Wisconsin, that same Supreme Court, on the eve of the 2014 mid-term, eliminated the right to vote for hundreds of thousands of predominantly African-American and Hispanic voters in Texas and North Carolina. The failure of the Supreme Court to take up the issue now could produce an even darker cloud of doubt over the integrity and legitimacy of the 2016 Presidential Election.

The immediate issue now before the Court is not whether SCOTUS agrees with a U.S. District Court judge and half the judges on the 7th Circuit Court of Appeal that WI's law (aka Act 23) is both unconstitutional and violative of Section 2 of the Voting Rights Act. As those judge found, Act 23, if implemented in the Badger State, could disenfranchise more than 300,000 lawfully registered Wisconsin voters.

Rather, the immediate issue at the March 20 Conference is whether the Supremes will grant an ACLU petition for a writ of certiorari (aka "cert petition") and schedule oral arguments on the Constitutionality of the Republican-enacted law. Or whether, as urged by the attorneys representing WI's Republican Governor Scott Walker, the Court will defer its decision until similar legal challenges to strict photo ID laws in other states, such as North Carolina and Texas, wind their way through the trial and appellate courts.

In other words, do they hear the Wisconsin case now, as urged by the ACLU and other voting rights advocates? Or do they wait to combine the matter with several other challenges to substantively identical voting restrictions implemented by Republicans in other states, as urged by one of the men who stands to benefit from delaying such a decision as long as possible?

That decision whether to hear the case now, rather than later, may well have a huge impact on who will serve as the next President of the United States...

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Via the The News & Observer...

- with Brad Friedman

[An earlier version of this article was originally published by Truthout...]

Both election integrity advocates and dissembling GOP proponents of Photo ID voting restrictions were taken by surprise in late 2013 when 7th Circuit Court Judge Richard A. Posner said, during an interview with HuffPo Live, that the landmark 2008 Supreme Court decision on the matter "would have been decided differently" if the Court had known then "about the abuse of voter identification laws."

That, in and of itself, was a remarkable turn of events. What was ultimately to come was even more so.

Crawford v. Marion County Election Board is the case which Republican proponents of strict Photo ID voting laws now (incorrectly and often disingenuously) cite as giving them carte blanche to enact similar laws in other states, irrespective of the extent to which photo ID laws serve to disenfranchise demographic groups --- minorities, students, the poor, women --- that all tend to vote for Democrats.

Posner is not just any judge. He is a renowned legal scholar and Reagan appointee to the federal bench, who has served on the U.S. 7th Circuit Court of Appeal since 1981. More importantly here, Posner was the author of the 7th Circuit's opinion in Crawford. In that case, Posner rejected an allegation that Indiana's polling place photo ID restriction was unconstitutional. That decision was affirmed at the time by the U.S. Supreme Court.

Posner, who is, as Yale Law Professor Fred Shapiro notes, the most cited jurist of the 20th Century, was not alone in his view in 2013 year that Crawford "would have been decided differently" if the Court knew then what it knows now.

Former Supreme Court Justice John Paul Stevens, the author of the plurality opinion in Crawford --- an opinion that was joined by Chief Justice Roberts and Justice Kennedy --- told the Wall Street Journal following Posner's remarks at the time, that he "always thought that [dissenting Justice] David Souter got the thing correct, but my own problem with the case was that I didn't think the record [before the Court in 2008] supported everything he said in his opinion." Souter would have struck down the Indiana law as unconstitutional because, as he argued at the time, it "threatens to impose nontrivial burdens" upon the right to vote.

Joined by four other 7th Circuit jurists last October, Posner penned an extraordinarily powerful and compelling dissent [PDF] in Wisconsin's photo ID voting case. The previously missing evidence is now in, as the judge meticulously detailed in the opinion. GOP claims that photo ID restrictions are needed to combat "voter fraud", he wrote, are "a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government"...

Posner's carefully crafted dissent does more than establish why the U.S. Supreme Court should ultimately sustain the District Court's finding that Wisconsin's photo ID law is both unconstitutional and a violation of the Voting Rights Act --- a finding later echoed by a federal District Court in Texas as well. Posner's dissent obliterates the factual premise that had served as a pillar upon which his, and subsequently the Supreme Court's, decisions in Crawford were based.

Polling place photo ID laws do not promote voter confidence in the integrity of elections, as Posner and the Crawford Supreme Court plurality had erroneously assumed. The assertion that they do was a "mistake" --- Posner's mistake! --- and he now admits as much, with the support of devastating new data from recent studies to back him up.

His powerful dissent amounts to more than just a response to the Wisconsin GOP's new Photo ID voting law. It is an elegant plea that the U.S. Supreme Court finally right a grievous wrong that he was personally responsible for. Posner presents an astonishing, air-tight case for ruling that all "strict Photo ID laws," which, as he demonstrates, have only been enacted in states sporting GOP-controlled legislatures, must now be struck-down as unconstitutional...