[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...

I was on Thom Hartmann's Big Picture TV show on Friday, to discuss the week's landmark decision by a federal court in Wisconsin which struck down the state's Republican-enacted polling place Photo ID restriction law as a violation of both the Constitution and the Voting Rights Act and the fact that the decision, as our own Ernie Canning explained, may finally signal the "beginning of the end" for such purposely discriminatory laws.

(And thanks to my friend Mike Papantonio of Ring of Fire, who was guest hosting for Thom on Friday, for the very kind words!)...

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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...

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[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...

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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!

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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!

Just over a week ago, it was North Carolina legislators ordered by the court to cough up documentation relating to passage of new, draconian restrictions on voting rights in their state. Now, legislators in Texas are facing much the same thing, as that state's extreme polling place Photo ID restrictions also face legal and Constitutional challenge.

By way of an eight-page Order [PDF] issued late last week, U.S. District Court Judge Nelva Gonzales Ramos has directed the State of Texas to serve upon the U.S. Department of Justice (DoJ) documents that relate to the question of whether "state legislators, contrary to their public pronouncements, acted with discriminatory intent in enacting SB 14," the Lone Star State's polling place Photo ID restriction law.

That law had previously been found to be discriminatory against minority voters in TX, and thus rejected by both the DoJ and a federal court panel as a violation of the Voting Rights Act (VRA). It was then re-enacted by the state of Texas almost immediately after the U.S. Supreme Court gutted a central provision of the VRA in the summer of 2013.

As reported by The BRAD BLOG last September, the DoJ, and Rep. Marc Veasey (D-TX), filed separate federal lawsuits (now consolidated into a single case, Veasey v. Perry) in which they allege that the Photo ID law enacted by the Texas legislature (SB 14) violates another section of the VRA, Section 2, as well as the U.S. Constitution.

The documents in question, created by Republican officials and lawmakers, which must now be turned over to the court, may shed light on the actual intent of those officials in enacting the restrictive voting law...