[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!...

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IN TODAY'S RADIO REPORT: Secret federal memo warns entire nationwide electric grid could be knocked out; More new evidence NC collaborated with Duke Energy to derail lawsuits; BP is back in the Gulf, baby!; PLUS: Surprise! Paris discovers stopping traffic really does stop pollution ... 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): Pest develops resistance to GMO corn; Scientists sound alarm about climate change - again; Antarctic rubbish dump will cost millions to clean up; Unskilled and destitute are hiring targest for Fukushima cleanup; East Harlem explosion highlights risk of natural gas leaks; Floods cause oil spill in ND; Thames Barrier hits yearly operational limit in 2 months; Global warming melts 'stable' edge of Greenland ice sheet ... PLUS: GAO: Climate Change Threatens Energy Infrastructure ... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Record fine for Big Coal company for 6,000 violations over 7 years; Opportunistic rightwingers push nonsense on Keystone XL; Colorado's Republican US Senate candidates pass climate denier litmus test; PLUS: Keystone XL loses another key supporter ... 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): China declares war - on pollution; Innovation: Transparent colorful solar cells have arrived; Federal Reserve sees severe weather impact throughout US economy; Americans have no idea how much water they waste; US infrastructure, landmarks threatened by rising sea levels; Britain's cars could run on rubbish... PLUS: Drought: California will learn what Texas did: by the time politicians and residents wake up to their wasteful ways, it’s too late ... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Hundreds arrested at White House --- again --- protesting Keystone XL pipeline; EPA moves to block controversial Alaska mine; New smog standards reduce pollution from tailpipes (and save lives, too); Ancient virus resurrected in the Arctic; PLUS: Unrest in Ukraine exposes energy security vulnerability for Europe... 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): Energy CEO: Climate change is real, driven by humans; Aboriginal rights a threat to Canada's resource agenda: documents; Flood damage to rise fivefold in Europe; Climate change is preventing ocean heat from escaping in Antarctica; Feds shocked at NC oversight of Duke Energy coal ash ponds; US organic farmers see increasing GMO contamination of their crops; BPA-free plastics may not be any safer for children ... PLUS: Apple CEO's renewable energy 'controversy' underscores need for government mandates ... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: British military deployed to combat extreme rain, flooding in UK; Oops - NC officials backtrack on water safety after massive coal waste spill; Another toxic coal waste spill into WV's drinking water; 2013 breaks record for billion-dollar extreme weather disasters; PLUS: We correct three --- count 'em, three! --- errors... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Heads up, Atlanta: new winter storm on the way; Too much winter, not enough propane in US; Oil industry double-dipping with government, insurance payments; Australia: weather service human-caused global warming responsible for record heat; WV chemical spill: 40% of homes still contaminated; BLM cheats taxpayers with giveaways to coal industry; Scientists criticize US decision to de-list wolves ... PLUS: Smear campaign: after scientist said weed-killer chemical was harmful, its maker pursued him ... and much, MUCH more! ...

Oh, I'm sorry. Those weren't more than 80,000 'Tea Partiers' marching in downtown Raleigh, North Carolina, over the weekend. Those were people peacefully demonstrating against the radical Rightwing 'Tea Party' policies of the North Carolina Legislature and Governor.

Had they been 'Tea Partiers' protesting, of course, you would have already heard about the march, as it likely would have been featured by every news outlet in the nation, along with the repeated claim that such a massive gathering of angry voters portends disaster for Democrats this November.

Such as these were not angry Rightwingers marching, however, the event barely made the "news" beyond North Carolina's borders. But it happened, whether the national, so-called "liberal media" covered it or not and, as these photos demonstrate, it was pretty damned huge...

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IN TODAY'S RADIO REPORT: No end in sight for coal ash waste spill in NC; Sniper attack exposes security vulnerabilities of aging US electrical grid; Fracking depleting water supplies in drought-stricken states; Tesla electric cars, now driving cross-country for free; PLUS: The Great Barrier Reef to become a sacrifice zone for coal ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Record number of billion-dollar disasters in 2013; How to deconstruct the difficult math of Keystone XL's carbon footprint; USDA launches 'climate hubs' to help farmers with drought; Winter Olympics: downhill forecast in a warming world; From Occupy to climate justice ... PLUS: Big Coal’s ash mess follows its chemical spill. Is this some kind of bad joke? ... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Keystone XL pipeline moves one step closer to approval; Britain pummeled by record rain and floods; Another coal-related spill contaminates drinking water, this time in North Carolina; PLUS: The Arctic wins again --- for now --- as Shell Oil drops plans to drill this summer ... 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): Great Barrier Reef to become sludge repository for Big Coal port; World's largest solar thermal plant opens in CA; Iceland taps magma for energy; Senate passes Farm Bill; Safe, Schmafe: Pesticides ok for kids?; Environment loses in Russia's race to Sochi; US food companies go GMO-free in EU; Chemical Safety Board underfunded, understaffed at critical time ... PLUS: Video: Wingnuts think Southern snow was faked by the government ... and much, MUCH more! ...