Late on Wednesday afternoon, the U.S. Supreme Court reversed [PDF] the 4th Circuit Court of Appeals ruling that had blocked two elements of North Carolina's massive new voter suppression law. Justice Ruth Bader Ginsburg dissented in an opinion joined by Justice Sonia Sotomayor.

"The order isn't a permanent reversal," notes election law expert Justin Levitt, "it's a stay awaiting the disposition of a petition for certiorari, if one is filed. But it's enough to put the state's law back in effect this November."

"The nation's worst voter suppression law since the Jim Crow era," as we described the law when state Republicans enacted it within hours after SCOTUS had gutted a key portion of the Voting Rights Act, will now be in full effect for this year's November general election, despite having been shown to have disenfranchised hundreds of voters during the state's primary earlier this year. There was no debate or time allowed for public comment before the law --- which shortens early voting hours, ends same-day registration, implements disenfranchising polling place Photo ID restrictions (in 2016) and much more --- was passed by the GOP-majority in the NC legislature last year.

Barring a further hearing by the Court, their response to NC's emergency appeal reverses the 4th Circuit Court of Appeals' ruling that had restored both same-day registration and the counting of provisional ballots cast in the wrong precinct. All of the law's other provisions had already been approved for use this year by a George W. Bush-appointed U.S. District Court judge last month, pending a full trial on the merits of the law scheduled for next summer....

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...

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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IN TODAY'S RADIO REPORT: Baby, it's hot outside: Hottest year on record in California, hottest August on record for the entire planet; Record hurricane hits Cabo San Lucas; Warm-water fish found in Gulf of Alaska; PLUS: The Green Mountain State goes even greener: Burlington, VT now, officially, 100% renewable ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Texas proposes rewriting school text books to deny manmade climate change; Severe black lung in coal miners returns to 1970s levels; Fracking production contaminated drinking water in Texas; Poultry firms systematically feed low-dose antibiotics to flocks; Climate change's 'evil twin' - mass extinction ... PLUS: Naomi Klein is right: unchecked, unregulated capitalism will destroy civilization ... and much, MUCH more! ...

We've written about this problem for years here and, indeed, have spent no small part of those years repeatedly spanking papers like the New York Times for being amongst the worst repeated offenders.

Fairness is one thing. Balance, on the other hand --- particularly in cases of known, independently-verifiable, well-established facts on one side of an issue but not on the other --- is largely bullshit meant to do little more than level an unlevel playing field for bad guys. That's why Fox "News" loves the motto "Fair and Balanced", because it gives them an excuse to forward bullshit disguised as "balance", as if it was only fair to counter an established, well-supported (if not Right-leaning) view point. Never mind if that established view point has mountains of evidence and independently verifiable facts to support it. If those facts don't agree with ideological Republican dogma, they must be "biased" and "unbalanced".

"Reality has a well-known liberal bias," Stephen Colbert once famously quipped.

The New York Times has a long history of falling for, and forwarding in "the paper of record", false balance produced by those on the Right. Often, as was the case when The BRAD BLOG outed the James O'Keefe ACORN "Pimp" Hoax for being a complete fraud in 2010, the paper has sided simply with the word of Rightwingers, actual evidence-before-their-eyes be damned. Longtime readers will likely remember Greg Brock, the Times' Senior Editor for Standards(!), telling us that falsely reporting O'Keefe wore a "pimp costume" into ACORN offices (he never, ever did) was perfectly appropriate, because, as Brock explained to us in email at the time, "Our article included that description because Mr. O'Keefe himself explained how he was dressed --- and appeared on a live Fox show wearing what HE said was the same exact costume he wore to ACORN's offices."

"If there is a correction to be made," Brock incredibly added, "it seems it would start with Mr. O'Keefe himself. We believe him. Therefore there is nothing for us to correct."

After we took our complaint, and the independently verifiable facts to support them, to Clark Hoyt, the New York Times Public Editor at the time, he embarrassingly backed up Brock, despite the actual hard evidence that existed --- such as an independent investigative report from a former prosecutor and the videos themselves --- to the contrary. His remarkable defense of that egregious and damaging misreporting, repeated over a series of articles, earned Hoyt an infamous depiction as an actual "weasel" by cartoonist Tom Tomorrow. Eventually --- some six months later --- Hoyt admitted that both he and the paper were wrong, but not before the false reporting led to irreversible damage to ACORN, which had been long-vilified by the Right for little more than the crime of legally registering millions of largely low- and middle-income voters to participate in their own democracy.

So it's refreshing, finally, to see that the Times' current Public Editor, Margaret Sullivan, is not only not falling for the same old crap, she's actually attempting to hold the paper accountable for inappropriately advancing false balance on Rightwing stalking horse issues like pretend GOP claims about voter fraud and global warming denialism. And she's doing so repeatedly...

Earlier this week I wrote about Charlie Grapski's attempt to get at the Ferguson and St. Louis County Police Department's documentation on Officer Darren Wilson's killing of Michael Brown via a long string of public records requests under the Missouri Sunshine Act law.

On this week's BradCast on KPFK/Pacifica Radio, I spoke with Grapski, who heads up PhotographyIsNotACrime.com's new Opens Records Project, concerning his tireless efforts to obtain the real Incident Report and other documentation of Brown's shooting from either department --- if such documentation actually exists, as is required by law.

Grapski explains that, based on some pretty solid evidence he's received in response to his open records requests to date, he believes "it's more likely than not" that an actual Incident Report of the event was created by the police, but that "they have withheld it." If so, that would amount to a criminal cover-up and a very serious violation of the law. Listen to my full conversation with him for much more.

Also this week, an update to our interview last week with Rep. Hank Johnson (D-GA) regarding his legislation to demilitarize the police: The President has announced a task force to review the Pentagon's 1033 program that has transferred billions in surplus arms and other military equipment to local police around the nation. We also covered the latest maddening news in the story of U.S. District Court Judge Mark Fuller --- who presided over the trial political prosecution of former AL Gov. Don Siegelman (D) --- as the George W. Bush lifetime appointee to the federal bench attempts to avoid his own prosecution all together after having been recently arrested on charges of beating his wife bloody in an Atlanta hotel room.

Plus: The latest on the GOP's Photo ID voting battle in WI; Rick Perry's latest "oops"; the newly published, secretly-recorded audio tapes revealing, once again, how the Republicans and the Koch Brothers now have a death-grip on democracy; and, as usual, the latest Green News Report with the lovely Desi Doyen, and a few other things.

Lots of news, muck-raking and trouble-making in just under 58 minutes. Please enjoy!...

Download MP3 or listen online below...

[This article now cross-published by Salon, with a much better headline than mine...]

Speaking to business leaders in New Hampshire on Friday, where Texas' Republican Gov. Rick Perry believes he's running for President in 2016, he was asked about the two count felony indictment filed by a grand jury against him last week:

It's really not that complicated. The indictment was only two pages, and it's posted below. I'm not an attorney, and I couldn't tell you how strong the case against him is at this point. Some legal experts describe it as weak at best or otherwise questionably Constitutional, even as local TX reporters in paper after paper insist the charges are far more serious than how they are being portrayed by national media. But, without going into the specifics of the case, for now, even I can read a two-page indictment and see that it has nothing to do with "bribery".

Surely Perry knows that, even as he's pleaded "not guilty" to both counts, and has vehemently described the abuse of power charges filed by the grand jury under the auspices of a Republican judge and a special prosecutor who served under President George H.W. Bush, as a Democratic political hit job and an abuse of power in and of itself. (Apparently, he's going with the "I know you are, but what am I?!" defense there.)

So I wouldn't necessarily call Perry's comments in NH just another one of his "oops" moments, but it's certainly bizarre and, I guess, some kind of strategy to somehow belittle the serious charges against him in some way. 'They are so inconsequential and silly I couldn't even be bothered to tell all ya'll what they're about. Bribery? Assault? Murder? Who knows?! By the way, vote for me for President of the United States if ya'll don't mind!'

My prediction: Ricky Perry, if he stays out of jail, will be exactly as crappy of a GOP candidate for President in 2016 as he was in 2012 --- even though he now wears glasses most of the time.

The easy to read, two-page, two-count grand jury felony indictment filed against Gov. Rick Perry (R-TX) on 8/15/2014 follows in full below...

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...

Via UC Irvine election law professor Rick Hasen...

So there's some encouraging news to start your day.

For much more on the pending federal challenge to the TX Republicans' attempt to institute their disenfranchising polling place Photo ID restriction --- a law which had otherwise been repeatedly rejected as discriminatory by both the DoJ and federal courts until SCOTUS gutted the central protections of the Voting Rights Act last year --- see just some of our recent previous coverage here:

• "Wisconsin Federal Court Decision Could Mark Beginning of End For GOP Photo ID Restrictions" (5/2/2014)

• "Federal Judge Orders TX to Produce Legislative Docs That May Prove Polling Place Photo ID Restriction Law Was Racially-Motivated" (4/7/2014)

• "Texas GOP's Polling Place Photo ID Law Almost Certain to Get Nixed. Again. Here's Why..." (9/4/2013)

• "Texas AG Defrauds Texas in Response to DoJ Lawsuit Against Polling Place Photo ID Law" (8/23/2013)

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[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...

Dick and Dubya are back in the news! Now I wonder how that might have happened. On the upside, it allowed me to play some clips on this week's show that I first put together for a show back in 2006 (or earlier?)

Anyway, we talk about all of that and more on this week's BradCast on KPFK/Pacifica Radio, including:

• What was Dick Cheney's epic trolling of Obama really about? (Hint: Not necessarily Obama or even Democrats).
• Who's to blame for the current mess in Iraq?
• We take a whole bunch of great calls on all of the above, including one caller with a very interesting defense of Bush and Cheney.
• Some good voting news for Ohio, for a change.
• The fossil-fueled "War on Science" now includes war on science museums.
• Plus, as ever, Desi Doyen with the latest Green News Report (including some epic trolling by Obama of science deniers!)

Enjoy!

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

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IN TODAY'S RADIO REPORT: Giant 'never-before-seen' twin tornadoes pummel Nebraska; Obama openly mocks climate change deniers; New study finds - again - economic benefits of EPA regulations outweigh costs; PLUS: Billionaire Koch Brothers' 'Kochtopus' grows a new tentacle... 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): Germany sells out guidebooks to renewable energy sites; Oil and coal must be phased out entirely by 2050: study; Group of 77 & China agree to fight climate change; Upbeat ending to U.N.-Bonn climate talks; Warren Buffett issues warning on catastrophic insurance bond bubble; EPA doesn't kill coal jobs - new technology already did; Fukushima operator struggling to build ice wall; Tesla Motors goes open source to fight global warming; Abandoned oil wells spouting significant levels of methane ... PLUS: Even Science Museums Being Undermined by Fossil Fuel-Funded Science Denialism ... and much, MUCH more! ...

As we noted when citing the excellent recent episode of Fox' COSMOS, which explained the causes and dangers of global warming in a way that turned a long-time, self-described "climate denier" colleague of ours into a "believer," the documented facts of science don't require "belief." Scientific facts are still true, whether one chooses to believe them or not.

One of the great strengths of COSMOS host Neil deGrasse Tyson's explanation of climate change in the episode is that he did not hedge bets to satisfy the misinformed beliefs of science deniers. The show simply taught the science of global warming and what is both known and unknown about it. Period. That would seem to be the very central point of science education. But it's a point that is being forgotten, or lost, or simply ignored by some science museums when it comes to teaching the science of global warming, according to a report by Anna Kuchment of the Dallas Morning News.

Kuchment's central example is Dallas' Perot Museum of Nature and Science and their display celebrating Texas' energy boom. "Some [of the museum's] choices are scientifically questionable," James S. Russell understated for Bloomberg News shortly after the $185 million dollar facility first opened in December of 2012.

The Morning News found that some such institutions are failing to accurately portray the science of global warming and climate change, in part, "to avoid stirring up controversy with donors, visitors and political representatives."

The paper cites the energy exhibit at the Perot Museum which "failed to display a panel that spelled out the link between burning fossil fuels, higher concentrations of carbon dioxide in the atmosphere and a warming planet."

Museum officials claim the omission of the panel, which was part of the exhibition's original design, was little more than an oversight or that the panel was "incorrectly designed to fit its space" --- and that they have now "ordered a temporary panel to hang in its place until a new one can be manufactured" after the matter came to light. But those explanations seems fairly thin...particularly once the main funders of both the museum itself and this particularly exhibit are taken into consideration...

A very lively BradCast this week on KPFK/Pacifica Radio.

First up, a bit of a rant on a few different things, including the good news/bad news results of California's primary election for Secretary of State and the disenfranchised voters this week in Alabama's primary (and beyond!)

Next, Desi Doyen joined us for an extended Green News Report to discuss the Obama EPA's landmark announcement of newly proposed nationwide CO2 emissions reduction and the fossil fueled freakout that followed.

Finally, listener phone calls on all of the above and more! Please enjoy it!...

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

P.S. The BradCast, as well as the Green News Report, as well as The BRAD BLOG for that matter, are sponsored only by you. Please consider donating to our efforts to inform the world about stuff that actually matters...so that we can keep doing so for a bit longer. We really need your support, guys, if you can help out.

This morning, in reporting on 92-year old Texan Ruby Barber's inability to receive a Photo ID to vote under the state Republicans' new law restricting legal voters who don't have a very specific type of ID, we noted that there are hundreds of thousands of otherwise legally registered voters in TX (and millions across the nation), who are likely to find themselves unable to vote at all, unless these purposely discriminatory voting laws are struck down once and for all by the courts.

While the elderly, the poor, students and minorities (all of whom just happen to lean Democratic) are far and away more likely to lose their right to vote under these Republican-enacted restrictions, they are not the only ones at risk of losing their franchise, as evidenced Tuesday during Arkansas' primary election...