It was a very long night here last night (just scroll down the marquee at right to get an idea), and now I'm scrambling to try and make enough sense of things to coherently put together today's BradCast on KPFK/Pacifica Radio. Wish me luck.

So, for the moment, I just want to re-re-re-remind that, historically, many problems from Election Day and, more specifically, in the tabulation of results, don't come to light until the days (or even longer) after Election Day. I'm already getting buried with various tips about various problems that folks had voting yesterday and, perhaps more disturbingly, issues and failures at the polls themselves. Trying to look through as much as I can, confirm what I can, debunk what I can and/or and make sense of it for you as best as possible.

For now then, I'll just drop this fun paragraph from a poster at Slashdot, as it points to a few issues we've covered over the past 24 hours, as well as a few that we have not...

Well, KPFK/Pacifica Radio is still on fund drive this week, but there is just too much going on to not do a new BradCast for my network affiliate stations and for you.

So, instead of live from the KPFK studios this week, we are once again "live" from BRAD BLOG World News Headquarters once again for this week's show. (If you heard last week's episode/primal scream, you'll be happy to know that the news this week is considerably more encouraging!)

Having trouble keeping up with the very latest on all of the on again/off again GOP voter suppression laws across the country just over two weeks before Election Day? Me too! So, if you missed any of our roller coaster coverage here at the blog, on all the fine messes over the past week or so, I try to get you all caught up on what you need to know about the latest in the court battles over the unconstitutional Republican Photo ID voting restrictions in Wisconsin, Arkansas and Texas...and on the one devastating appellate court opinion that might ultimately kill them all once and for all.

Buckle up (and please feel free to drop something in the BRAD BLOG Tip Jar while you're listening!)...

Download MP3 or listen online below...

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

If you read just one top-to-bottom dismantling of every supposed premise in support of disenfranchising Photo ID voting restrictions laws in your lifetime, let it be this one [PDF]!

It is a dissent, released on Friday, written by Judge Richard Posner, the Reagan-appointed 7th Circuit Court of Appeals judge who was the one who approved the first such Photo ID law in the country (Indiana's) back in 2008, in the landmark Crawford v. Marion County case which went all the way to the Supreme Court, where Posner's ruling was affirmed.

If there was ever evidence that a jurist could change their mind upon review of additional subsequent evidence, this is it. If there was ever a concise and airtight case made against Photo ID laws and the threat they pose to our most basic right to vote, this is it. If there was ever a treatise revealing such laws for the blatantly partisan shell games that they are, this is it.

His dissent includes a devastating response to virtually every false and/or disingenuous rightwing argument/talking point ever put forth in support of Photo ID voting restrictions, describing them as "a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government."

Posner is, by far, the most widely cited legal scholar of the 20th century, according to The Journal of Legal Studies. His opinions are closely read by the Supreme Court, where the battle over the legality and Constitutionality of Photo ID voting laws will almost certainly wind up at some point in the not too distant future. That's just one of the reasons why this opinion is so important.

This opinion, written on behalf of five judges on the 7th Circuit, thoroughly disabuses such notions such as: these laws are meant to deal with a phantom voter fraud concern ("Out of 146 million registered voters, this is a ratio of one case of voter fraud for every 14.6 million eligible voters"); that evidence shows them to be little more than baldly partisan attempts to keep Democratic voters from voting ("conservative states try to make it difficult for people who are outside the mainstream...to vote"); that rightwing partisan outfits like True the Vote, which support such laws, present "evidence" of impersonation fraud that is "downright goofy, if not paranoid"; and the notion that even though there is virtually zero fraud that could even possibly be deterred by Photo ID restrictions, the fact that the public thinks there is, is a lousy reason to disenfranchise voters since there is no evidence that such laws actually increase public confidence in elections and, as new studies now reveal, such laws have indeed served to suppress turnout in states where they have been enacted.

There is far too much in it to appropriately encapsulate here for now. Ya just really need to take some time to read it in full. But it was written, largely, in response to the Appellate Court ruling last week by rightwing Judge Frank Easterbrook which contained one embarrassing falsehood and error after another, including the canards about Photo ID being required to board airplanes, open bank accounts, buy beer and guns, etc. We took apart just that one paragraph of Easterbrook's ruling last week here, but Posner takes apart his colleague's entire, error-riddled mess of a ruling in this response.

Amongst my favorite passages (and there are so many), this one [emphasis added]...

And this one...

And remember, once again, this is written by Richard Posner, the conservative Republican icon of a federal appellate court judge --- the judge who wrote the opinion on behalf of the 7th Circuit Court of Appeals approving of the first such Photo ID law in the country in 2008, the very case that rightwingers from Texas to Wisconsin now cite over and over (almost always incorrectly) in support of similar such laws --- now, clearly admitting that he got the entire thing wrong.

One last point (for now): Our legal analyst Ernie Canning, who (along with me) will undoubtedly have much more to say on this dissent in upcoming days, suggests we award The BRAD BLOG's almost-never-anymore-bestowed Intellectually Honest Conservative Award to Judge Posner. And so it shall be.

Now go read Posner's dissent...

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Let me say this up front, so you don't miss it this time: No, a Photo ID is not required to board an airplane. Period.

Last week, the ACLU filed an emergency appeal to the U.S. Supreme Court in hopes of having the 7th Circuit Court of Appeal's ruling --- which overturned a lower court's injunction on Wisconsin's new Photo ID voting restriction --- stayed in advance of next month's election.

Today (Monday) a rather remarkable new opinion was issued by the 7th Circuit which seems designed to serve as a last-minute assist to the Republican defendants in Wisconsin in their response to the ACLU appeal, as Justice Elena Kagan has required the state's response no later than 5pm on Tuesday. The ruling is littered with blatant falsehoods.

To recap very briefly, how we got to this point, and the astonishing claims in the 7th Circuit's opinion today: the GOP law requiring very specific types of state-issued Photo IDs for voting in Wisconsin was struck down earlier this year after it was found, by U.S. District Court Judge Lynn Adelman, to be both a violation of the U.S. Constitution and the federal Voting Rights Act. His thorough, 70-page ruling [PDF] found that some 300,000 legally registered voters in Wisconsin (nearly 10% of them) lacked the specific type of Photo ID that would now be needed vote under the new restriction. Adelman also determined that the law amounts to a "unique burden [which] disproportionately impacts Black and Latino voters" (who just happen to lean towards Democratic candidates), and that the new restriction on voting would "prevent more legitimate votes from being cast than fraudulent votes."

In mid-September, on appeal, a panel of three Republican-appointed judges on the 7th Circuit tossed out Adelman's permanent injunction with little comment. Amidst ensuing "electoral chaos", as election officials and voters in the state scrambled to make sense of the stunning last minute change to the law, just weeks before the mid-term election, the ACLU appealed for a rehearing before the full 7th Circuit. That hearing resulted in a deadlocked 5 to 5 vote by the judges (one seat on the court has been vacant since 2010), which meant that the partisan 3-judge panel's ruling, restoring the Photo ID restriction after it had been struck down by the lower court, now remains in place.

That brings us to the ACLU's emergency appeal to SCOTUS last week, and Monday's remarkable new opinion issued by the 7th Circuit at the last minute, clearly made to justify the original opinion issued last week which seems to have otherwise landed with a thud. (The court had attempted to compare a "need" to restore new voting restrictions at the last minute to the U.S. Supreme Court's stay placed on the overturning of same-sex marriage bans in several states last year. The dissenters called the court's legal theories "brazen", "shocking" and on its central thesis comparing the WI law to a 2008 landmark case in Indiana, "dead wrong.")

University of California-Irvine's election law professor Rick Hasen described the new opinion issued on Monday as "a nice assist from the 7th Circuit panel to the state of Wisconsin," just in time for the SCOTUS deadline.

In a more detailed follow-up item, however, Hasen, who is usually quite conservative when it comes to concerns about Photo ID voting restrictions, went somewhat ballistic. He uncharacteristically upbraided the 7th Circuit's newly issued ruling --- apparently written by the very rightwing Federalist Society member Judge Frank Easterbrook --- as "Horrendous".

"I rarely just rant in my blog posts," he tweeted, along with a link to his follow-up, "But Judge Easterbrook caused me to blow a gasket."

I know the feeling. I felt the exact same way while reading the new opinion today, particularly the part in which the court offers blatant --- and long-ago debunked --- falsehoods about where and when they claim Photo ID to be "essential", such as when boarding an airplane.

Trouble is, that is a blatant lie. A Photo ID is absolutely not required to board an airplane, no matter how many times proponents of these sorts of laws repeat the false claim. And it's simply remarkable that such a lie (and others akin to it) would be included in a last-minute opinion meant to justify an Appellate Court ruling that is about to be heard by the U.S. Supreme Court...

Well, that was cowardly. But I suppose it's better than hearing the cases and churning out another twisted, activist justification for discrimination.

Rather than hear appeals from cases in Utah, Indiana, Oklahoma, Virginia and Wisconsin where marriage equality bans were struck down, the U.S. Supreme Court shocked court watchers today by deciding to avoid the issue of marriage equality as a Constitutional right entirely for the time being. Effectively, that means the lower-court rulings stand in each of those states, so freedom, liberty and the conservative Constitutional value of equal justice for all wins the day in each of them.

Evan Wolfson, founder and president of Freedom to Marry, a national organization dedicated to the fight for equality in all fifty states, said after today's Supreme Court punt: "This decision by the Court is a huge step forward --- and a clear green light for full-speed ahead --- but it needlessly postpones the national resolution that together we've been working so hard for. Freedom to Marry is committed to finishing the job."

Couples in six other states where the Circuit Court of Appeals' decisions will likely also apply include Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming.

With the addition of those 11 states, the list of states where marriage equality for all will soon be recognized will jump to 30, continuing to beg the question of which state will disgrace the Union as the very last one to allow equality, in this measure, for all of its citizens.

On Thursday morning, the ACLU filed an Emergency Application to Vacate [PDF] with the U.S. Supreme Court to vacate a Sept. 14, 2014 stay of a U.S. District Court ruling that had, before the stay, permanently blocked enforcement of a Republican-enacted, Wisconsin photo ID voting law.

The civil rights organization argues that the emergency ruling is needed to prevent mass disenfranchisement and electoral chaos during the upcoming Nov. 4 election. It asks that the Court "leave that injunction in force pending the Seventh Circuit's issuance of a decision on the merits."

As the District Court judge had found, before his decision was overturned by a partisan ruling at the Appellate Court level, Wisconsin's attempted restriction on the voting rights of legally registered voters poses a real and present danger that some 10% of the Badger State's duly registered electorate will likely be prevented from voting in the rapidly approaching November 4 election.

The District Court's injunction had been stayed as a result of a deadlocked court, in which five bipartisan members of the ten-judge U.S. 7th Circuit Court of Appeal described in a Sept. 29 Opinion [PDF] as a "brazen" and "shocking" disregard of both precedent and the right of the minority to vote. That "shocking" position had been advanced by the attorneys representing Republican Gov. Scott Walker and first accepted by an all-GOP, three-judge panel that had issued an extraordinary, 11th hour decision to vacate the lower court's injunction.

The case now poses an enormous test for at least two key Justices on the high court. Will Chief Justice John Roberts and Justice Anthony Kennedy adhere to the very principles they signed on to when they joined the plurality opinion authored by former Justice John Paul Stevens in the landmark 2008 SCOTUS decision in Crawford v. Marion County Board of Elections? That case upheld Indiana's Photo ID law against a "facial" challenge solely because, in the words of the plurality opinion, there was no evidence before the court at the time to prove anyone would be disenfranchised or that their right to vote would be unduly burdened by the law.

In signing onto Steven's lead opinion, both Roberts and Kennedy agreed that election laws, including photo ID voting restrictions, are subject to the Anderson/Burdick test. That test mandates that courts, on a case-by-case basis, measure a law's potential damage to voters' right to vote against the specific claims made by the state as to why such additional burdens and restrictions are necessary. Given that the state has offered no legitimate reason for potentially disenfranchising as much as 10% of Wisconsin's lawfully registered voters, Roberts and Kennedy cannot refuse to lift the stay without a total abandonment of principle...

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Back during the 2012 election cycle, there were so many cases of voter fraud and voter registration fraud by Republicans --- even very very high profile ones --- that The BRAD BLOG found ourselves dubbing it the "Year of GOP Election Fraud".

Well, it looks like there were even more GOP vote fraudsters at work that year, including this amazing case just revealed by prosecutors from the contentious 2012 Wisconsin recall elections of Republican Gov. Scott Walker and a number of state Senators, as well as the incredibly close state Supreme Court race that became a proxy battle election between Walker supporters and opponents...

[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...

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!...

On Tuesday, a Los Angeles County jury convicted California State Senator Roderick D. Wright (D) of false residency voter fraud, after finding that he lied about his address on voter registration and candidacy papers.

Wright's crime was an elite form of voter fraud, which, along with almost all of the most prevalent forms of voter fraud, would not have been prevented by polling place Photo ID restriction laws.

The jury was not persuaded by Wright's claim that he resided in the Inglewood residence of his common law stepmother. Prosecutors presented extensive evidence that established that Wright resided in an "upscale Baldwin Hills neighborhood" that was outside the district. They found that, in addition to lying about his address on his voter registration and candidacy papers, he fraudulently voted in five elections.

As we have repeatedly explained, most recently in covering a recent judicial determination that Pennsylvania's Photo ID law violated that state's constitution, cases involving in-person voter impersonation by ordinary citizens --- the only type of voter fraud that can possibly be prevented by polling place Photo ID restrictions --- are about a scarce as hen's teeth. False residency, by contrast, is a form of voter fraud that has reached epidemic proportions amongst our political elites in both parties, especially, as Brad Friedman has tirelessly documented, amongst the very high-level Republicans who hypocritically call for Photo ID restrictions for everybody else.

Where millions of innocent Americans are at risk of disenfranchisement as a result of the phantom menace of in-person voter fraud, prosecutions of elite politicians for false residency voter fraud have been rare. In one of those rare instances, former Indiana Republican Secretary of State Charlie White was convicted in 2012 of three counts of felony false residency voter fraud. His conviction was particularly ironic, given that he was the chief election official in the first state in the nation to implement polling place Photo ID restrictions. Despite his felony voter fraud charges (and four others) White has not had to serve so much as a single day in jail. Wright, a Democrat, faces up to eight years in prison.

[Update 1/31/2014: Following a meeting by the Democratic caucus, California State Senate Leader Darrell Steinberg (D) announced that Wright will retain his seat pending appeal. However, the Democratic caucus, which sports a super-majority in the state Senate, removed Wright from his position as the Chairman of the Senate Governmental Affairs Committee.]

Here are just a few of the cases of false residency voter fraud we've documented over recent years, by some high-profile GOPers you will be very familiar with...

A Pennsylvania Photo ID law that one Republican lawmaker once boasted would deliver the Keystone State to Mitt Romney in the 2012 Presidential Election was struck down by a Pennsylvania trial court.

Judge Bernard L. McGinley of the Commonwealth Court of Pennsylvania ruled that several sections of Act 18, the Republican-sponsored polling place Photo ID statute that was signed into law by Gov. Tom Corbett (R) in March of 2012, violated the Pennsylvania Constitution. The court, which previously prevented the law from taking effect by the issuance of a preliminary injunction, ordered that Act 18's in-person Photo ID requirement be permanently enjoined.

That ruling does not come as a surprise.

In May of 2012, The BRAD BLOG predicted that the plaintiffs in Applewhite vs Commonwealth of Pennsylvania would likely establish that Act 18's polling place Photo ID restrictions violate of that state's constitution. The lawsuit --- named after its 93-year old lead plaintiff Vivian Applewhite, who had voted for 50 years without a problem until 2012 --- alleged that the Act's Photo ID restrictions would deny or significantly impair the right to vote. That right, according to the Keystone State's constitution, is considered "fundamental."

Under judicially recognized Equal Protection standards, a law that impairs or abridges a "fundamental right" cannot survive a constitutional challenge unless the law is narrowly tailored to serve a "compelling state interest." That interest, we observed in our original article, cannot be found in what amounts to the "phantom menace" of in-person voter impersonation --- a point PA Republicans later conceded via a formal, in-court stipulation, entered near the outset of the case, in which they acknowledged they were "not aware of any incidents of in-person voter fraud in Pennsylvania and do not have direct personal knowledge of in-person voter fraud elsewhere."

While he included additional reasons for issuing the permanent injunction, Judge McGinley's lengthy decision [PDF] reveals that our original assessment of the case, and our prediction about its likely outcome, were spot on...

[This article now cross-published by The Progressive...]

Okay. Now this is beginning to get completely absurd.

In an article at New Republic headlined "I Did Not 'Recant' on Voter ID Laws'," published Monday, 7th Circuit Appellate Court Judge Richard Posner now claims he hasn't actually disavowed his landmark majority opinion in Crawford v. Marion County Election Board after all!

The record will show, however, the Reagan-appointed judge may have a bit of a faulty --- or, at least, selective --- memory.

The Crawford case is the now-infamous 2007 challenge to Indiana's then new polling place Photo ID restriction law which Posner voted to uphold in a 2 to 1 decision. The law was subsequently upheld by the U.S. Supreme Court in 2008. It is the only high-profile case to uphold such laws as Constitutional, even though Justice John Paul Stevens, who wrote the controlling opinion at SCOTUS, now believes dissenting Justice David Souter "got the thing correct."

Despite recent comments by Posner, in both his new book and at HuffPo Live, appearing fairly clearly to suggest he now believes he was wrong about his original decision in the case (which is often incorrectly cited by Republican supporters of such disenfranchising laws); and his expressed belief that the 7th Circuit Court of Appeals dissenter Judge Terrence Evans "was right"; and his assertion that such laws are "now widely regarded as a means of voter suppression rather than fraud prevention," Posner now appears to be wobbling back again in his latest response to his own controversy...

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

Perhaps predictably, the Rightwing is now turning on the otherwise well-respected, Reagan-appointed appellate court judge who recently admitted his majority opinion in Crawford v. Marion County Board of Elections (2007), the landmark polling place Photo ID restriction law case, "was wrong."

Sergio Munoz at Media Matters details the recent --- and, frankly, absurd --- attacks being leveled against Judge Richard Posner by such outlets as National Review Online and long-time discredited GOP "voter fraud" fraudsters like Hans von Spakovsky.

See Munoz for all the details on the sleazy efforts being put forward by the Right's propaganda machine in their desperate attempt to salvage the only high-profile case they are able to cite that supports --- very meekly --- the disenfranchising Photo ID restriction laws they are trying to enact in state-after-state in order to keep Democratic-leaning voters from casting their otherwise legal votes. That, even though Crawford doesn't even actually say what its GOP advocates pretend that it says. (See our coverage of the DoJ's pending case against the Texas GOP's Photo ID law, to get an idea of how the Lone Star state's own Attorney General Greg Abbott is either lying about Crawford, or simply doesn't understand it. Take your pick.)

But I want to highlight a point or two that I haven't been able to cover previously on all of this, including comments given to The BRAD BLOG by one of the Democratic Party's lead attorneys on the original case, after what he describes as Posner's "stunning" admission.

Also, Justice John Paul Stevens, who wrote the U.S. Supreme Court's controlling decision in Crawford affirming Posner's lower court ruling, offered noteworthy comments as well recently, when he was asked about Posner's admission. Justice Stevens now offers a similar admission about his own SCOTUS ruling in the case...