Today was Election Day for major contests in New York City, New Jersey, Virginia and California, not to mention about 30 other states which also held either statewide or local off-year contests. We'll have full reported results for you, of course, on tomorrow's BradCast. [Audio link to full show follows this summary.]

In the meantime, there was a whole lot going on today, while America votes...

• Several polling places were temporarily closed in more than half a dozen New Jersey counties on Tuesday following threats, reportedly via email, ultimately determined by officials to be "non-credible". One local official suggested the emails may have originated "abroad", bringing to mind the emailed bomb threats that resulted in temporary evacuations of a number of polling places in at least five different battlegrounds states on Election Day during the 2024 Presidential election. Those threats were reported, at the time, to have come from IP addresses in Russia.

• Former Vice President Dick Cheney died on Monday at the age of 84. His family announced the news today. We share some thoughts.

• The Trump Administration has fired yet another government watchdog whose job it was to root out waste, fraud and abuse at a federal agency. This time, according to a Reuters exclusive, it was the acting Inspector General at the Federal Housing and Finance Authority (FHFA), whose Trump-appointed activist Director, Bill Pulte, has been issuing bogus criminal referrals to the DoJ about "mortgage fraud" purportedly committed by Donald Trump's political foes, such as New York Attorney General Letitia James, Federal Reserve Board Governor Lisa Cook, and Sen. Adam Schiff (D-CA). The IG in this case, a 40-year veteran DoJ prosecutor, was said to have been in the process of notifying Congress that FHFA leadership was violating the law by refusing to cooperate with the Office of the Inspector General. To date, the Administration has fired almost 20 IGs at almost every major (and not-so-major) federal agency or department.

• Trump's corrupt Attorney General Pam Bondi filed legal documents on Friday in hopes retroactively fixing some pretty huge problems with the weaponized political indictments of former FBI Director James Comey and NY A.G. Letitia James. The filings attempt to rewrite history regarding the corrupt and almost certainly unlawful appointment of Trump's former insurance lawyer, Lindsey Halligan, as Interim U.S. Attorney in the Eastern District of Virginia. She was expressly appointed to the position after Trump's previous USA either resigned or was fired for refusing to file the politically motivated charges demanded by Trump, due to lack of evidence.

• Trump, almost certainly looking at an embarrassing loss tonight in California's Prop 50 initiative --- which would temporarily rewrite the state's Congressional map in response to a Trump-ordered U.S. House gerrymander in Texas over the summer --- was already falsely claiming this afternoon that the contest was somehow "rigged". CA's Sec. of State called out his evidence-free bullshit in a statement late today.

• Speaking of the Gerrymandering Wars kicked off by our desperate and incredibly unpopular President, Gov. Wes Moore, in the Democratically-controlled state of Maryland, announced a new Commission to consider jumping into the redistricting game before 2026. Maybe.

• Voting Rights advocates had a big victory on Friday, as one of two federal judges overseeing different lawsuits against Trump's bogus election-related Executive Order, issued a permanent ban on his attempt to mandate proof of citizenship documents by those registering to vote with the national voter registration form. The judge made clear --- as we did when Trump originally issued his dumb EO --- that Presidents have zero legal or Constitutional authority regarding elections.

• Finally, Desi Doyen joins us for our latest Green News Report, with a grim humanitarian crisis brewing in Jamaica and elsewhere in the Caribbean following last week's monster Hurricane Melissa; record rainfall in New York City; incredibly alarming glacial retreat in Antarctica; and the Trump Administration's Godfather-like thuggery used to block the world's first-ever emissions rules for international shipping...

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To be fair, we warned you on yesterday's show, when setting aside one blissful hour to celebrate the weekend's joyous and peaceful "No Kings" rallies across the nation, that there would be plenty of time to get back to less-than-joyful news on The BradCast from America's unprecedented criminal Trump Era. Well, as promised, we're back to it today! In spades! [Audio link to full show follows this summary.]

Donald Trump doesn't know a whole lot. But, if there's one thing he knows well, it's how to break the law. Civil law. Criminal law. Foreign and domestic. You name it. As the first felon to ever become an American President, he knows how to commit crimes of all sorts and, unfortunately, how to get away with most of them. It's especially easy for him now, after taking office again following a ruling last year by his own corrupted, activist, rightwing U.S. Supreme Court majority which, similarly, has no interest in the rule of law, and is willing to make up a wholly nonexistent "Presidential Immunity" doctrine that has existed nowhere in our Constitution or rule of law in the 250 years of our nation's history.

We have a few too many examples of Trump's crime and pro-crime spree in today's news, highlighting the Golden Age of Trump and Republican Lawlessness and Disorder in America...

• In violation of U.S. and international law, Trump has now ordered at least seven explosive attacks by the U.S. Military on small boats off the coast of Venezuela in the Caribbean, said (without evidence) to be ferrying drugs and "narco-terrorists" to the U.S. After one of those attacks last week, two people survived. They were pulled out of the water by a U.S. war ship and rendered aid. But, rather than trying them for whatever offense Trump is claiming they carried out, the Administration is sending them back to their home countries in Ecuador and Colombia. Now why would they do that? We discuss.

• Here at home, Trump's respect for the Rule of Law is no greater. A bunch of the more than 1,500 January 6th insurrectionists pardoned by Trump on the first day of his second term of office have since been found to have committed additional, separate crimes. Today, CBS News reports on a Trump-pardoned rioter who, according to New York state law enforcement officials, was planning to assassinate Democratic House Minority Leader Hakeem Jeffries. The man, Christopher Moynihan, one of the first to break into the U.S. Capitol on Jan. 6, allegedly said in text messages that he planned to "eliminate" Jeffries, who he described as a "terrorist" that he "cannot allow" to live. "He must be eliminated, I will kill him for the future," said the man, detailing a plan to do so during a NY speaking engagement this week by the Democratic leader. Remind me again how it is Democrats carrying out political violence?!

• In other wildly corrupt Trump pardon news, he granted clemency last Friday to disgraced former Rep. George Santos, the wildly corrupt Republican New York fabulist and expelled U.S. Congressman. Santos pleaded guilty earlier this year to fraud and identify theft, in which he stole hundreds of thousands of dollars from supporters of his own campaign, including family members. He was sentenced to seven years in federal prison after pleading guilty just before trial. Santos served just two and a half months of that sentence in a "Club Fed" facility before he was sprung last week by the fraud and theft enthusiast currently residing in our White House.

• While Trump's favored Republican criminals run free, his weaponized Dept. of Justice is running down his list of political foes, finding something, anything to criminally charge them with. One of those indicted on particularly ridiculous charges is Trump's former FBI Director James Comey, who he fired for not blocking DOJ probes into Russian interference, on Trump's behalf, in the 2016 election. Describing the indictment as an "egregious abuse of power," Comey's attorneys on Monday filed motions for immediate dismissal of the case, which they characterize as an unlawful "vindictive" prosecution, and one that was brought by Trump's personal lawyer who, Comey alleges, is not legally serving as U.S. Attorney in VA.

• But, according to a Reuters exclusive today, it's not just the Dept. of Justice that has been weaponized against Trump's perceived enemies. Agencies across the entirety of the Executive Branch, including U.S. intelligence officers, have been meeting in what is being described as the "Interagency Weaponization Working Group". It reportedly includes officials from the White House, the Office of the Director of National Intelligence, the Central Intelligence Agency, the Justice and Defense Departments, the Federal Bureau of Investigation, the Department of Homeland Security, the Internal Revenue Service and the Federal Communications Commission, among other agencies. All banding together in what Reuters describes as revealing "the administration’s push to deploy government power against Trump’s perceived foes is broader and more systematic than previously reported."

• All of that not horrific enough for ya? New York Times reports late today that Trump is demanding the DOJ pay him $230 million for investigating him for the many crimes he has committed over the year. Any such payment, according to DOJ guidelines, would have to be approved first by the Deputy A.G. in charge of the Department's Civil Division. That Deputy A.G. is currently Todd Blanche, Trump's lead criminal defense attorney. Think he'll agree to the payout? It's good to be king, right?

• In other news related to King Donald's abuse of power to try and stay in power, Republican state lawmakers in North Carolina have approved a new U.S. House map that will allow them to steal another Congressional seat from Democrats next year, in a state where gerrymandering has already allowed them to hold 10 out of 14 seats. Earlier corrupt legislation by Republican state lawmakers prevents the Democratic Governor, in the very closely divided state, from vetoing a newly redistricted map. This one is designed to unseat a Black Democratic Congressman in the eastern part of NC.

• Finally, Desi Doyen joins us with some of the only good news of the day in our latest Green News Report. (Though even that news is somewhat tempered by the rest of her six-minute report.)

Enjoy!

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I was hoping for at least some optimism from my guests on today's BradCast regarding the future of the landmark Voting Right Act of 1965. I'm sorry to say, I didn't get much in that regard. But I learned a lot. [Audio link to full show follows this summary.]

The corrupted U.S. Supreme Court held a nearly three-hour Oral Argument this week after the activist Republican Supremes actually asked plaintiffs from a case last year in Louisiana to come back this term and argue something else entirely: Essentially, whether one of the last standing sections of the Act barring discriminatory election practices, Section 2, somehow violates the Constitution itself.

The case is Louisiana v. Callais. Its origins are complicated, though one of our guests explains it quite simply today. Basically, following the 2020 Census, the Republican legislature in Louisiana drew a U.S. House Map that all but ensured no less than 5 Republican Congressional Districts and just one that might be won by Democrats, because it has been packed with a large majority of the state's Black voters. But Louisiana's voting population is more than 30% Black. So voting rights advocates sued for a second majority-minority district under Section 2 of the VRA. They won. But now a group of White voters in the state (several of whom didn't even know they were listed as plaintiffs!) are attempting to turn the VRA on its head, arguing --- as Mark Joseph Stern summarizes it, that "it's racist to remedy racism" --- by claiming that minority voting opportunity districts amount to an unlawful racial gerrymander violating the rights of the white voters under the 14th and 15th Amendments of the Constitution.

By way of reminder, those Amendments, in brief, bar discrimination against voters on the basis of race, and allow for Congress to adopt laws enforcing the Amendments by protecting all voters. Almost a century after the Amendments were ratified, Congress finally passed the Voting Rights Act in 1965 to do exactly that. Republicans, including now Chief Justice John Roberts, have spent the better part of the last five decades or so trying to roll back the protections for minority voters afforded by the VRA and the post-Civil War Amendments.

After working for the Reagan Administration in the early 80s (unsuccessfully) to try and weaken the Act, in 2013, John Roberts, as Chief Justice, wrote the Shelby County v. Holder Opinion that gutted Section 5 of the VRA. That Section mandated that jurisdictions with a history of racial discrimination at the polling place must preclear all new election-related laws before they went into effect to make sure they were not discriminatory. In 2019, in a case known as Rucho v. Common Cause, Roberts' Opinion for the Court's majority held that gerrymandering for partisan purposes was perfectly legal under federal law, leaving only racial gerrymanders protected against. Now, he and the rest of the far-right activists on the High Court are gunning for Section 2, which is meant to protect voters in all 50 states, including from racial gerrymanders of the kind that Louisiana was found to have engaged in after the 2020 Census.

We're joined today by two experts in election law and redistricting, from both the legal and political sides to try and make sense of all of this. Professor JOSHUA A. DOUGLAS teaches election law at the University of Kentucky College of Law. His latest book is, appropriately enough, THE COURT v. THE VOTERS: The Troubling Story of How the Supreme Court Has Undermined Voting Rights. DAVID DALEY is a Senior Fellow at FairVote.org, whose latest book, appropriately enough, is ANTIDEMOCRATIC: Inside the Right's 50 Year Plan to Control American Elections.

In addition to breaking down Wednesday's oral argument, we discuss why this case is being heard again the first place; how it demonstrates how much Section 2 of the VRA is still very much needed; why there is no specific time-limit after which legally-mandated, race-based solutions to discriminatory violations of the law and Constitution must be ended (as Justice Kavanaugh and others suggested); what is likely to happen if Section 2 is killed or merely eviscerated (at least a dozen minority members of Congress will almost certainly lose their seats in short order); and both if and, crucially, when the Court may issue its Opinion in this matter.

We dig into a lot of details and angles on all of this, so I'm not even going to try to summarize our conversation here. Please tune in for that. You'll be much smarter in the bargain. But, suffice to say for now, Daley, who has written several books on Rightwing gerrymandering, notes that, if Section 2 is struck down, it "would be an electoral bonanza for the Republican Party." He characterizes what will follow as an "unprecedented Gerrymander Armageddon".

Douglas, who also has a podcast and newsletter titled "Democracy Optimist", is not much more optimistic. "I think we are going to see a lot more states engage in this so-called mid-decade redistricting. We're already seeing some states do this in response to President Trump trying to make sure that he doesn't lose the House in the midterm elections," Douglas explains. "I think you're going to see a lot more states, Louisiana included, redraw their maps. And what this is going to mean is that you're going to have a much more partisan skew. It is going to be even that much harder for Democrats to take back the House in 2026, just because race and party are so closely aligned in many states, particularly in the South."

Daley believes a ruling is likely to come as early as January, in time for states largely in the old Confederate South, to rewrite maps before the 2026 primaries begin to prevent Black voters from being able to elect a candidate of their choosing next year.

Douglas, a self-described "glass-half-full kind of person" sees the potential for a bit of wiggle room on both the release date of an Opinion, and how it might be tempered by the ongoing Gerrymandering Wars already underway, thanks to Trump's desperation to avoid a humiliating loss of Congress next year.

FINALLY TODAY... Breaking news, mid-show, as Trump's former National Security Advisor turned Trump critic John Bolton is indicted on 18 federal charges related to his alleged retention of classified documents after being fired by Trump in 2019. And Desi Doyen joins us for our latest Green News Report, as the cost of Trump's cuts to the National Weather Service begin to turn deadly...

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It's time for our monthly-ish reality check-in with two of our favorite BradCast guests. And we've got a lot to cover. [Audio link to full show follows this summary.]

The great HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo and 'DRIFTGLASS' of the Professional Left Podcast are here once again to both freak us out AND, somehow, cheer us up all at the same time. Among today's topics of discussion...

SHUTDOWN POLITICS: Clearly this is becoming The Epstein Shutdown, at this point. Democrats are "very surprisingly united", says Digby, in their demands for reversing Donald Trump and the Republicans' radical health care cuts for tens of millions of Americans and for some sort of guarantee that Trump and his OMB Director Russ Vought won't simply double-cross any deal by rescinding it after Dems vote to reopen the government. Republicans, meanwhile, are revealing a number of cracks in their coalition, and appear to have no end game. That, even as House Speaker Mike Johnson continues to do Trump's bidding to prevent an almost certain vote on releasing the Epstein Files once he allows Arizona's Rep.-elect Adelita Grijalva to be seated and the House to reopen for business. "It's clear that the government is being held hostage," observes Driftglass, "being shut down so that Russ Vought can gut it with impunity, and so that Mike Johnson can keep Trump's dirty secrets locked up."

TRUMP SEEKS VIOLENCE: Yesterday, our delusional President, referring to his deployment of the U.S. military against U.S. citizens here in Los Angeles, absurdly claimed that "had we not gone in at the beginning with a very strong powerful force, they would have lost L.A." That is, of course, a fantasy, as Digby and myself (both of us L.A. residents) are able to attest. She is careful to avoid any FCC language violations in her full, furious response: "It's BS. It is utter nonsense. It is like something from another planet." Meanwhile, Illinois resident Driftglass stands with his Gov. J.B. Pritzker who, he argues, is doing a good job of being both tough and funny in standing up to Trump's madness. As to the President's absurd claims of "war-ravaged" U.S. cities that he must save by unlawfully deploying the military: "It is an attempt to just keep escalating the lunatic rhetoric that they already believe. He is simply a vessel for the delivery of fascism by Russ Vought inside the government, and by Stephen Miller using armed forces...Their brain cannot accept that they are the bad guys."

TRUMP SEEKS VENGEANCE: His beauty queen pageant contestant turned insurance lawyer turned interim U.S. Attorney in the Eastern District of Virginia, Lindsey Halligan, has secured ridiculous indictments against Trump's former FBI Director James Comey and the sitting New York Attorney General Letitia James on direct orders from the White House. "It would be very surprising if they were able to get any conviction," says Digby, careful to avoid predictions, but adding: "It's very clear what this is. This is retribution."

'NO KINGS': But there are, apparently, plenty of hilarious inflatable frogs to go around. It should be a very colorful weekend, likely including the largest American protests in U.S. history on Saturday. Find a protest near you. George Soros will send you your paycheck, as usual. Maybe wear a colorful costume because, as Driftglass quips: "A bunch of people parading in inflatable animal suits and various other costumes, making noise and being goofy makes them look like the clowns they are"...

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As our corrupted U.S. Supreme Court begins its new term this week, its Chief Justice has a lot of explaining to do. Don't hold your breath for that explanation. At least from John Roberts. Our guest on today's BradCast, however, just wrote a book about him and has plenty to explain about him, what has happened under his leadership to our High Court, and the long road ahead toward reforming it. [Audio link to full show follows this summary.]

Our guest today, the great LISA GRAVES, knows a thing or two about the Supreme Court, from her experience in all three branches of the federal government. She has served as a Deputy Asst. Attorney General at the U.S. Dept. of Justice, the Chief Counsel for nominations on the U.S. Senate Judiciary Committee, and as the Deputy Chief for the Article III Judges Division of the U.S. Court System. She has also exposed a lot of the corruption of the current members of the High Court, as a longtime researcher and as founder and Executive Director of True North Research.

Her brand new book is called WITHOUT PRECEDENT: How Chief Justice Roberts and his Accomplices Rewrote the Constitution and Dismantled Our Rights. (Check out an excerpt here.)

In her most recent news letter, Graves argues that "we are in the midst of an unprecedented set of constitutional crises." She asserts that while Donald Trump's "belligerent and erratic orders --- and his appalling musings --- are shaking the foundations of our nation, it is the U.S. Supreme Court with John Roberts at the helm that is recklessly and aggressively emboldening him."

We begin there, after a long summer of the Roberts Court largely granting Trump's wishes, at least temporarily, in case after case after case on the Court's Emergency Docket (better described as its "Shadow Docket"), allowing him to largely get away with everything, no matter how radical, unlawful or unconstitutional. That, in unmistakably stark contrast to the Court's rightwing majority blockade of far less cataclysmic executive actions attempted by the Democratic Biden Administration when, for example, President Biden was barred by SCOTUS from offering about ten thousand dollars in school loan forgiveness during the COVID pandemic (as specifically allowed by law) or when attempting to regulate deadly emissions by power plants, despite the federal Clean Air Act's mandate to do exactly that.

Where the Roberts Court has allowed Trump to ignore the law and Constitution alike, the same corrupted majority blocked the Democratic President time after time, declaring a newly discovered "Major Questions" doctrine in the Constitution. It was apparently sitting right next to their invented "Presidential Immunity" clause they discovered last year, just in time to get Trump off the hook from very real crimes both retroactively and prospectively.

"If [Kamala] Harris had won, I don't think this Court would be bending over backwards to allow every new initiative of a Harris Administration," argues Graves. "What we saw when Biden was President, was the Roberts Court going out of its way to invent whole new magical phrases to try to stop signature initiatives of the Biden Administration, that were modest in themselves, and were even more modest when compared to the radical, reactionary, destructive actions of Donald Trump."

We've got a lot to speak to Graves about today, including all of that, as well well as the lies told by "documented liar" Justice Brett Kavanaugh about so-called "temporary" decisions made by the Court on the Shadow Docket; how Robert's nomination 20 years ago last month kicked off the full industrialization and weaponization of Republican Dark Money invested in seating Justices who would turn the Court, its precedents and our Constitution on their collective head; and how, even during his nomination hearings, John Roberts, a longtime anti-democratic, anti-Voting Rights Act Republican activist, was already playing the American people.

Graves also explains today what she sees as a long but viable path toward Court reform. "If we don't do so, it is at our peril. Because the Roberts Court and John Roberts is acting with such supreme arrogance in enabling Trump and in decimating our rights," she asserts. "It will continue to take blow after blow against our freedoms, against statutes that were passed to protect our rights, including efforts to mitigate climate change and so much more, until we reform this Court and pass laws to restore rights we've lost, and even expand upon them."

"So it's really a moral duty. It's a moral imperative that we not give in to hopelessness," she says, citing decades-long Civil Rights Era struggles. "Just because we can't do it this year, it doesn't mean we can't be building it. And, in fact, we must be building forward, to demand that we have representatives who are going to support reforming the Supreme Court, to protect our rights and to undo the damage that has been done by this packed, stacked and captured Court."

"The damage that has been done is done to us. We the people. So we have an obligation to work together to move those reforms into law in the years to come. Each year that we go forward, we hopefully will have the opportunity to have elections that will allow us to hold the people accountable who are advancing this extreme agenda and repel it. And in repelling it, have the opportunity to pass meaningful, real reform, the reform that's needed as well as the substantive restoration of rights, and expansion of rights, that is every American's rightful inheritance."

ALSO TODAY... U.S. Attorney General Pam Bondi is not just a Trump sycophant and corrupted tool. She is also a horrible human being, as she demonstrated over and over again today in obnoxious testimony before the U.S. Senate Judiciary Committee in her first oversight hearing as U.S. Attorney General.

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Elections, crime and voter suppression. Three of our favorite topics here on The BradCast, all of which we cover in several different ways and several different cases on today's show. [Audio link to full show follows this summary.]

As I described as a virtual certainty on yesterday's program, the federal government did indeed shutdown this morning as of 12:01am. Republicans, who control the White House and both chambers of Congress --- and who could keep the government open all by themselves --- have chosen to shut it down, rather than negotiate with Democrats. For their part, Democrats want to prevent Republicans from spiking health care costs for tens of millions of Americans as of January 1. Short of a deal to prevent that, Dems seem determined to avoid helping Republicans pass a new spending bill. (Which, did I already mention, Republicans could do all by themselves? Even in the U.S. Senate.)

This is likely to go on for a while. The Trump Administration is hoping to hurt as many Americans as possible in the bargain, and is violating federal law by posting notices on every single page of federal government websites (which are supposed to be strictly non-partisan), like the Dept. of Housing and Urban Development (HUD), falsely claiming: "The Radical Left in Congress shut down the government." Completely unlawful. But, as we know by now, Donald Trump doesn't care about Law and Order or the Rule of Law.

In the meantime, voters may have something to say about all of this in several states next month and in all 50 states next year. So, rather than offer policies the American people might like, Republicans at Trump's corrupted, weaponized Dept. of Justice are hoping to help him rig next year's midterm elections instead.

In the battleground state of Nevada, Trump's U.S. Attorney, Sigal Chattah, according to an exclusive report last night from Reuters, is asking DOJ to help Republicans by investigating "voter fraud" claims made by the state Republican Party and to investigate organizations that help to elect Democrats. Chattah was formerly the state Republican Party Chair. She is also seeking to drop the cases against the GOP Fake Electors in Nevada, who tried to help Trump steal the 2020 election. Chattah was the personal attorney for one of those Fake Electors, even as she, as a federal prosecutor, is now trying to undermine the case against them rather than recusing, as required by DOJ ethics rules, from such cases.

Tune in for more of Chattah's corruption today. But amusingly, a George W. Bush-appointed federal Judge ruled just last night that she is unlawfully serving as the top federal prosecutor in the state as Acting U.S. Attorney beyond the 120 days allowed for someone to hold that position without Senate confirmation.

And, speaking of the failed GOP attempt to steal the 2020 Presidential election, a federal judge late last week found that MyPillow CEO and conspiracy theorist Mike Lindell defamed the election technology company Smartmatic at least 51 different times while falsely asserting that the election vendor interfered with the 2020 election to steal votes from Trump and give them to Joe Biden. The only jurisdiction in the entire nation where Smartmatic's voting systems were used that year was in Los Angeles County, where Biden won 71% of the vote. Smartmatic and another company, Dominion, have either won or struck multi-million settlements in every defamation case that each has brought so far against three different rightwing media outlets (Fox, Newsmax and One American News) and several of Team Trump's 2020 MAGA election deniers, such as Lindell. (In a side note, the MyPillow dude says he is now preparing to run for Governor in Minnesota next year against Democratic Gov. Mike Walz! That should be fun!)

AND THEN... Earlier this year, Trump's DOJ ordered 27 mostly Democratic-controlled states to turn over their entire, unredacted statewide voter registration databases to the federal government for unspecified reasons. The Department's Civil Rights Division (which has been turned on its head under Trump) is demanding the entire files, including unredacted personal and sensitive information such as Social Security and Drivers License numbers, etc., for every registered voter. The reasons are unclear, and most states have refused to turn the files over. But now the Department is suing at least eight of those states, including California, Maine, Michigan, Minnesota, New Hampshire, New York, Oregon and Pennsylvania for those files.

Our old friend ARI BERMAN, best-selling author and National Voting Rights Correspondent at Mother Jones, has been covering this story and joins us today to help us try to make sense of it.

The DoJ is claiming in their lawsuits that the states in question are somehow violating the National Voter Registration Act (NVRA), the Help America Vote Act (HAVA), and the Civil Rights Act of 1960. We discuss all of this today with Berman, who describes the weaponization scheme as of a piece with the GOP's broader "voter-suppression agenda" (which he details in full in MoJo's cover story this month.) Among the questions I've got for him today...

• Why is the Trump Administration demanding access to these databases and the sensitive information within them in the first place?
• What are they accusing the states of having done, in their claims that they have somehow violated three of the nation’s landmark voting rights related laws?
• If it's a fishing expedition regarding claims of voter fraud and non-citizens supposedly voting illegally, didn’t the Trump Administration already try (and fail) to show the very same thing with their quickly disbanded "Election Integrity" Commission during Trump’s first term, when our delusional President was falsely insisting he actually won the popular vote in 2016 but for some 3 million unlawful votes he pretended were unlawfully cast against him in the very blue state of California?

Lots to discuss with Ari today! Hope you'll tune in!...

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To Right-Wing Billionaire Charles T. Munger, Jr.: Despite the fact that you, along with former Republican Governor Arnold Schwarzenegger, supported the 2008 ballot measure that created an independent redistricting commission for California state legislative offices and the 2010 ballot measure that extended the independent commission's jurisdiction to California's Congressional elections, "cynical hypocrisy" now be thy name.

After being approved by both chambers of the California state Legislature, on August 21, Governor Gavin Newsom signed the "Election Rigging Response Act", a ballot measure (Proposition 50) that will come before the entire California electorate in a Special Election this November 4 for an up or down vote.

The measure, as the Golden State governor explained, calls for a "temporary" shift of the power to redistrict California's Congressional seats from the state's constitutionally mandated independent redistricting commission to the super majority Democratic Party-controlled State Legislature. This, Newsom asserts, is necessary to counter the extreme partisan gerrymander that, at the express request of President Donald J. Trump, was adopted by the GOP-controlled TX state Legislature. Newsom is of the view that a "temporary" departure from California's non-partisan redistricting is necessary to counteract Republican rigging of the 2026 Congressional election. (In this writer's view, Prop. 50 is needed to prevent this nation from devolving into a full-blown fascist dictatorship.)

Note: Prop. 50 does not alter the continued use of the independent redistricting commission with respect to Golden State legislative offices.

Even before Newsom signed the Election Rigging Response Act into law, Californians, statewide, received a slick, 4-page mailer from a group calling itself "Protect the Voters First Act". At the bottom of the last page, the mailer reveals that Munger is its principal funder.

Munger's mailer accurately describes California's independent redistricting commission system that he helped to create as a "landmark election reform"; one that "has become a national model for independent redistricting." But the right-wing billionaire's deceptive mailer fails to mention that, in 2021-22, every Congressional Republican opposed federal legislation that would have extended California's "national model for independent redistricting" to all 50 States.

Instead, the mailer falsely goes on to proclaim that California's Prop 50 is a threat to democracy...

It's a tough call on today's BradCast as far as which is worse: the stupidity or the outrage in response. (It's the stupidity, stupid.) But we report, you decide. [Audio link to full show follows this summary.]

Donald Trump's many wars on America, Americans, American democracy, American values and the rest of the world, including livability on the planet itself, continued this week, as one of this nation's greatest accomplishments turns 60 years old, even as it founders under years-long GOP assault. And, coincidentally, the state of Texas plays a part in just about every one of our stories today...

• We kick things off with some goodish news. Following the unspeakable tragedy last month when at least 135 people, including dozens of camping school children, were killed during flash flooding on the banks of the Guadalupe River in Texas Hill Country, the Trump Administration is finally allowing the National Weather Service to hire new meteorologists and other critical staffers. That, after Trump's DOGE scam resulted in the firing and early retirement of hundreds at the now hollowed-out NWS.

• As another heat wave broils much of Texas this week, cheap, clean, renewable energy --- including wind and solar (as well as battery storage for when it's dark or the wind isn't blowing) --- has helped prevent collapse of the state's grid under extraordinary demand, even as some of its coal and gas plants were taken off line due to the climate change-intensified heat.

• Nonetheless, the Trump Administration has been doubling down this week on its war against cheap, clean, renewable energy, such as wind and solar, on behalf of the fossil fuel industry which has captured it. Former fracking CEO turned Trump's Energy Secretary Chris Wright was making the media rounds this week, attempting to justify the Administration's Orwellian removal of Congressionally mandated National Climate Assessments from government websites. He told CNN it's simply an effort to "fix" the science contained in those reports, released every four years after being compiled, peer-reviewed and fact-checked multiple times over several years prior to publication by hundreds of scientists and more than a dozen federal agencies. Wright is hoping to counter the peer-reviewed science on climate change in those landmark quadrennial reviews with a "report" released by the Dept. of Energy last week, as authored in two-months time by five notorious climate science deniers hand-picked by the former fracking executive. Wright's denialist, AI-assisted slop is now being used as the basis for the Administration's effort to scrap every federal climate change-related regulation enacted since 2009.

• Meanwhile, the GOP's War on Democracy continued on Thursday, as Texas state lawmakers remained in other states to try and save it. They are breaking quorum in the Lone Star State's House of Representatives in order to prevent passage of a new U.S. House map, ordered by Gov. Greg Abbott at the direction of Donald Trump, which would steal five seats currently held by Democrats in majority minority districts in next year's midterms. Republican state officials --- from its Governor to its corrupt Attorney General to its U.S. Senator to its Republican House Speaker --- are hoping to enlist Trump's FBI to hunt down, round up and arrest the fleeing Dems in other states, despite no criminal charges against them and a state Constitution that allows them to break quorum (according to the state's all-Republican Supreme Court.) That, as California advances its own effort --- to be placed before voters this Fall --- to counter Texas' attempted mid-decade gerrymander. We get you all caught up with the latest in this harrowing ongoing saga today.

• The Republican attack on democracy --- including on U.S. House districts drawn by federal court order to correct Texas districts found in violation of the Voting Rights Act --- comes on the very same week that the landmark Act, which added tens of millions to to the voting rolls since its passage, turns 60 years old. The VRA has been under successful attack by Republicans in recent years. But today we mark the law's 60th anniversary with some of the remarks upon its signing by heroic President Lyndon Baines Johnson...of Texas.

• Finally, born and bred Texan Desi Doyen joins us for our latest Green News Report, detailing some of the remarkable actions taken this week by the Trump Administration --- remarkably, as energy costs and demand are quickly rising --- to roll back successful efforts to incentivize cheap, clean, renewable energy. Among the new fronts in his war this week: An absurd "energy density" requirement for power sources; an attempt to rescind $7 billion appropriated by Congress during the Biden era to help defray the cost of residential rooftop solar in low- and middle-income communities; orders to shut down on-going wind energy projects; and Trump's ridiculous mandate that wind farms may no longer be built any closer than a mile from roads and railways...

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Today on The BradCast: Democratic state lawmakers from Texas are, right now, fighting for democracy for all of us, no matter where we live and which party we belong to --- or even if we belong to no party at all. So what can you and I do to help? [Audio link to full show follows this summary.]

Democratic members of Texas' state House of Representatives fled the Lone Star State on Sunday to deny Republicans the quorum needed in a special session of the state legislature to redraw U.S. House maps in the middle of the decade. The GOP hope is to steal five seats from Democratic-leaning voters by redrawing district lines. Governor Greg Abbott called the special session at the demand of Donald Trump, who clearly feels his agenda is on the ropes, as Dems appear set to retake the U.S. House majority next year. That, he fears, will put an end to his unfettered authoritarian agenda.

Republicans, apparently, don't feel they can win by offering policies that voters like. So they are going to cheat, to rig the 2026 midterm elections in their favor if they can. It is now easier than ever for them to do so, thanks to recent rulings by the corrupted, activist Republican U.S. Supreme Court majority. Partisan lawmakers are now allowed to rig elections by implementing partisan gerrymanders. SCOTUS has said that federal courts must not intercede in such matters. At the same time, the rightwing Supremes are now gunning to allow racial gerrymanders as well, despite its prohibition in the Voting Rights Act.

All of this has combined for a toxic mix of rightwing extremism that has opened the door for Republicans to simply rewrite Congressional maps to prevent Democrats from winning seats at all in states where the GOP controls both the legislature and governor's mansion. Texas is now trying to do it. Democrats in the state are trying to block them by leaving the state. And states controlled by Democrats are looking to respond in kind, if necessary.

Yet, as we discussed on the show a couple of weeks ago, it's not so easy for Dems to push back for a number of reasons. One of them is that many Democratically controlled states have implemented nonpartisan or bipartisan independent redistricting commissions. That means that partisan legislatures cannot simply game the maps as easily as Republicans can in states that they control.

I have fought against such undemocratic efforts for years, whether it is done by Republicans or Democrats. However, given the Republican capture of the High Court and their apparent determination to simply steal an authoritarian-friendly majority forever by gaming the state maps, it would also undermine democracy itself if Democrats failed to step up to meet the moment in response.

New York Governor Kathy Hochul now describes what is happening as a "war". She says she intends to rewrite state maps as well. But due to state constitutional restrictions she wouldn't be able to do so until 2027 earliest. Illinois Governor J.B. Pritzker --- who is helping to house Texas lawmakers who have fled their state to break quorum and avoid their Governor's threat of arrest and expulsion from the legislature --- is similarly exploring options to rewrite the U.S. House map in the Land of Lincoln before the 2026 midterms.

In California, with some of the most competitive districts in the nation --- thanks to our constitutionally mandated independent redistricting commission --- maps could be redrawn in a way that Democrats could almost certainly win all 52 seats in the state's U.S. House delegation. They currently hold 43 of them. California's Democratic Governor Gavin Newsom threatens to do exactly that if Texas Republicans are able to proceed with their partisan redistricting scheme. (Republicans in other states, such as Ohio, are threatening to to follow in Texas' footsteps with their own mid-decade gerrymanders.)

But in California, a vote of the people would be required to temporarily waive the U.S. House map drawn by the state's constitutionally-mandated independent redistricting commission. Newsom has said he preparing to push for exactly that in the first week of November this year if Texas stays on course.

"We will go to the people of this state in a transparent way and ask them to consider the new circumstances, to consider these new realities," Newsom told reporters last week. "This is not going to be done in a back room. This is not going to be done by members of some private group or body. It's going to be given to the voters for their consideration in a very transparent way so they know exactly what they’re doing and they can go back in 2030 to original form with our independent redistricting intact."

So, will Golden State voters support such a move this November at the ballot box if it comes to pass? We open up our phone lines today to find out how our live Southern California listeners feel about it. The responses may surprise you as much as they surprised me. Tune in to find out why...

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Democrats are hoping for a "Blue Wave" in next year's critical mid-term elections, as Trump's approval numbers continue to fall around the nation. But Republicans, at their corrupt President's direction, are working on a scheme to hold on to their slim House majority next year, come hell or high voter turnout. Our guest on today's BradCast explains why the GOP plot may work. [Audio link to full show follows this summary.]

BUT FIRST... Last week, Republican House Speaker Mike Johnson called for full transparency in the case of Jeffrey Epstein, the late pedophile, sex-trafficker and years-long best friend of Donald Trump. "I'm for transparency. We're intellectually consistent on this," Johnson told a rightwing podcaster after being asked about releasing the Epstein Files, as Trump had long promised during last year's campaign. "We should put everything out there and let the people decide," the Speaker said.

That was before, apparently, he'd heard that Trump had reversed course, and was now blocking the release of those files, for some reason, despite considerable push-back from his own MAGA supporters.

Today, rather than allowing a vote on a non-binding resolution calling on the Dept. of Justice to release the files in question, Johnson ditched plans to hold votes on a number of issues and announced instead that the House would recess early for their planned August recess. They will finish business tomorrow and not return until September.

A number of MAGA Republicans in Congress, such as Marjorie Taylor Greene (GA) and Thomas Massie (KY), are none too happy about that. Suffice to say, Johnson's plan is unlikely to give Trump the "space" that he said the President deserves to figure out how to proceed on this "delicate" matter. So much for Johnson's continuing promises lies to provide "maximum transparency."

THEN... Texas' Republican Gov. Greg Abbott has convened a Special Session of the state's Legislature this week. Not in order to respond to the chain of failures in the state that resulted in the flash flooding deaths of at least 135 people on July 4th, including dozens of children camping on the banks of the Guadalupe River. Lawmakers may discuss that as well. But Abbott, at the command of Donald Trump, has called them back to Austin for the "emergency" of redrawing the state's already-gerrymandering U.S. House maps in order to elect more Republicans in advance of next year's mid-term elections.

The GOP state delegation already holds twice as many seats as Democrats in the U.S. House. But, with a razor-thin margin in the lower chamber in what could be a rough year for Republicans, Trump, Abbott and the GOP are hoping to flip as many as five more seats from "blue" to "red" in the Lone Star State next year. The plan is to further disenfranchise state voters by preventing even more of them from electing representatives of their choosing --- particularly minority voters.

Some Democrats are suggesting the TX scheme could backfire. They argue that the Republican plan to adjust Congressional district lines to move more GOP voters into Democratic districts may result in otherwise safe Republican seats flipping to Dems in a wave election, a concept recently referred to as "dummymandering".

Moreover, Dems are said to be considering answering the Republican effort by carrying out their own mid-decade gerrymandering in states they control state, such as New York, New Jersey, California, Minnesota, Washington state and/or Illinois.

We're joined today by longtime redistricting expert, historian and author, DAVID DALEY of the nonprofit FairVote. He details the GOP plan and why he believes that the Democratic Party's efforts to respond to it is likely too little and too late.

Daley, the author of three books on gerrymandering, including last year's best-seller, Antidemocratic: Inside the Right's 50 Year Plan to Control American Elections, throws cold water on the idea that GOP 'dummymandering' may ultimately benefit Democrats. He authored a detailed article explaining his position this week at Salon, where he formerly served as Editor-in-Chief.

"Democrats are talking about dummymanders, not because they think it is actually going to happen," he tells me today, "but because they have no other ability to stop this except to try to scare [Republicans]."

But, he continues, "this is not going to scare Republicans, because they've got the best map-makers on the planet. Not a single Republican map has backfired in a single election in any Republican gerrymandered state in the modern era of redistricting, ever since technology and voter data supercharged these lines. It hasn't happened once, anywhere. The lines are too strong, the mapmakers are too good, too smart, too specific, and too precise. If Democrats are counting on Republicans to enact a dummymander, the dummies are them."

Okay. Then how about the Dem plan to carry out mid-decade gerrymanders in states that they control in order to flip some seats from "red" to "blue"? Tune in for Daley's full thoughts on that, and why he believes that "it's the Democrats that would risk a dummymander" in the process.

We also discuss the legal underpinnings for all of this ("It's always a delight to me to see exactly when it is that Republicans and a Republican Dept. of Justice get upset about gerrymandering. It tends to be when they think that districts might actually be drawn that gives somebody other than a white dude a chance of winning."); how the corrupted U.S. Supreme Court has supercharged the ability for Republicans to undermine democracy itself; and what, if anything, can possibly be done in the future to end this apparent race to democracy's bottom.

FINALLY... As the nation sweats, and burns, and floods this Summer, Desi Doyen joins us for our latest Green News Report on all of the above, and the astounding cost to the nation, over the past year alone, of climate change-related damages...

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Yes, we are under a fascistic, authoritarian takeover of the United States. Yes, it can be frightening. But our wannabe authoritarians also happen to be clowns and fools and incompetent buffoons, and should be called out at such. And so we do on today's BradCast, even while our best chance to kick these degenerates to history's curb remains at the ballot box. Which is why they are fighting so hard to game it. Again. [Audio link to full show follows this summary.]

Among our coverage today...

• Trump's EPA reverses its position to do the right thing after all regarding the Biden Administration's ban of cancer-causing asbestos? Can it really be true?

• Donald Trump meets with African leaders at the White House, admires the Liberian President's excellent English and wonders how he learned to speak it so "beautifully". (Spoiler: English is the official language of Liberia.)

• As recovery efforts continue following deadly flash flooding last Friday in Texas (and on Sunday in North Carolina, and on Tuesday in New Mexico), dullard DHS Sec. Kristi Noem convenes a meeting to discuss the Admin's stated plans for dismantling FEMA entirely. Her argument for doing so this week? A report that she claims reveals that FEMA's response to the 2023 wildfires in Maui, Hawaii was so bad that "one in six survivors were forced to trade sexual favors...for just basic supplies." But that's not what the report claims at all, and one of its authors calls Noem's interpretation a "gross manipulation" of their work.

• Native American voters won a 2023 trial challenging North Dakota's racially gerrymandered legislative maps. But then the 8th Circuit Court of Appeals tossed out their 2023 victory, claiming the challengers lacked standing to sue because Article 2 of the Voting Rights Act doesn't explicitly allow individual groups or voters to challenge violations of the Act. Only the Dept. of Justice may do so, according to the 8th Circuit, despite decades of rulings to the contrary in the 60 years since passage of the VRA. The court's ruling last year now prevents private suits against discriminatory election laws in the seven states (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota) comprising the 8th Circuit. On Wednesday, the tribes announced they were filing for a stay at the Appeals Court, as they intend to appeal to the U.S. Supreme Court.

• Speaking of racial gerrymandering, on Wednesday, Texas Gov. Greg Abbott --- even as recovery efforts continue on the Guadalupe River where more than 100 are now dead and 160 still missing following Friday's flash-flooding --- wants the state legislature to convene a special session to...redistrict U.S. House seats in the state. TX Republicans already hold twice as many Congressional seats as Dems in the already-gerrymandered state. But the Trump White House and its corrupted DOJ have been pressuring TX to carry out a rare, mid-decade redrawing of its Congressional map in order to make four Democratic, minority-held seats around Houston and Dallas less...um...colorful. Abbott appears happy to oblige...

• Finally, Desi Doyen joins us for our latest Green News Report, with more on flash flooding in four U.S. states, in the North, South, East and West over the past week alone; thousands now dead from an extreme heat wave in Europe; and new warnings from experts that no country is currently prepared for the climate impacts to come...

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Today on BradCast: Some really troubling news about voting rights and the Voting Rights Act that hasn't received nearly enough attention since a terrible court ruling last week. [Audio link to full show follows this summary.]

FIRST UP... A few other items of note...

• If you haven't heard, Donald Trump seems to be freaking out about something Bruce Springsteen said on stage last week when he opened his "Land of Hope and Dreams" tour in the U.K. We share a bit of what Bruce had to say, about democracy and more. "The America I love, the America I've written about --- that has been a beacon of hope and liberty for 250 years --- is currently in the hands of a corrupt, incompetent and treasonous administration," Springsteen correctly sounded the alarm as he opened his show. "Tonight, we ask all who believe in democracy and the best of our American experience to rise with us, raise your voices against authoritarianism, and let freedom ring." And that's not all he had to say. We share more.

• Speaking of democracy, after recent come-from-way-behind victories by center-left and liberal parties running against authoritarian rightwing opponents in Canada and Australia in recent weeks, it happened again on Sunday. This time in Romania, where a Trump-supporting far-right nationalist candidate who looked set to win the nation's Presidential election just weeks ago, learned differently once voters actually showed up to cast their vote. Being a wannabe Trumper, he is, of course, claiming "fraud", though he has failed to present any evidence so far (as I said, just like Trump.) The apparent win for the pro-European, pro-democracy candidate is also very good news indeed for neighboring Ukraine.

• On Friday, a handful of Republicans in the U.S. House who want even more cuts to health care and nutrition assistance for the nation's neediest --- including millions of children and disabled Americans --- in order to help pay for huge tax cuts to the wealthy, blocked progress of Trump's so-called "One Big Beautiful Bill" in Committee. By the time Sunday rolled around, those so-called "deficit hawks" had been brought to heel. Another Committee meeting was called to begin at 10pm on Sunday night and the measure was successfully voted out of committee, even though it would still add trillions to the nation's debt. The measure now advances to the House floor where Speaker Mike Johnson hopes for passage before the Memorial Day recess. Thereafter, Trump's legislative agenda heads to the U.S. Senate.

• Also last Friday, there was some good-ish news from the corrupted U.S. Supreme Court via another emergency ruling at the behest of an appeal by the Trump Administration. All Justices, other than Thomas and Alito, rejected the appeal, issuing a ruling that found the Trump Administration had failed to give appropriate Constitutional Due Process to Venezuelan migrants they are hoping to deport from Texas to El Salvador under Trump's (mis)use of the Alien Enemies Act of 1798.

NEXT... While alleged Venezuelan gang members may have access to at least some Due Process to avoid unlawful removal from the country and a life sentence in an El Salvadoran gulag, American voters in at least seven states may now have no way to challenge unlawful, racially discriminatory violations of the Voting Rights Act of 1965.

A ruling last week by a three-judge panel on the 8th U.S. Circuit Court of Appeals blocked the last route for private individuals and organizations in states covered by the Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota) to hold jurisdictions accountable for violations of the Voting Right Act. The decision echoes a similar ruling by the 8th Circuit back in 2023. But last week's ruling would seem to block the one other remaining path that voters still had to bring private complaints following that other terrible ruling two years ago.

If the 8th Circuit's decision is allowed to stand, it would mean that only the U.S. Dept. of Justice could bring suit against violations of the last central tenet still standing from the VRA. The ruling, which my guest today describes as "dead wrong", applies, for now, only in the seven states covered by the 8th Circuit. But if plaintiffs decide to appeal all the way to the U.S. Supreme Court and lose there, it would effectively kill the entire VRA in all 50 states --- at least during Republican Administrations.

JUSTIN LEVITT previously served as a Deputy Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice under President Obama and then as White House Senior Policy Advisor for Democracy and Voting Rights under President Biden. He is now a Professor of Constitutional Law at Loyola University Law School here in Los Angeles and joins us today to explain what he describes as last week's "truly unprecedented" decision. (That's the nicest thing he had to say about it!)

"They have effectively eliminated the ability to enforce the Voting Rights Act" in those seven states, Levitt tells me. "The 8th Circuit was way out of line, but it's not a sure bet that the Supreme Court won't follow them out of that line."

The 8th Circuit panel determined that because the Voting Rights Act doesn't specifically mention a private right to sue, that such suits are barred. Only DoJ can sue. But, in fact, since 1982, there have been more than 450 such suits and only 18 of them were brought by DoJ. Some made it all the way to SCOTUS and yet none of the judges in any of those cases --- until now --- found the plaintiffs lacked standing to sue under the law. Go figure.

"This is about people in robes forgetting why they're there. People in love with a particular statutory interpretation methodology and forgetting that what they are supposed to be doing is effectuating the intent of Congress," argues Levitt. The VRA has been amended several times since 1965 --- under Ronald Reagan and George W. Bush --- and adopted by huge majorities in both chambers of Congress. The members of Congress who amended it, and Presidents who signed the re-authorizations, "absolutely thought that the NAACP Legal Defense Fund would be bringing cases right alongside the Department of Justice and others. It's ludicrous to think that Congress wanted anything different than that." If they had wanted anything different, he notes, they could have changed the law to say as much at that time, since so many suits had already been brought under the law by individual voters and private voting rights organizations even before the law's several re-authorizations.

So, what happens next? What can be done about any of this? If the case does make it to SCOTUS and they too undermine the VRA are there ANY routes left for voters to challenge racially discriminatory election laws in the U.S.? Levitt answers all of those questions and many others on today's BradCast...

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I'll try to make this brief today, so you can get right on to actually listening to today's BradCast. [Audio link to full show follows this summary.]

Among our stories today, as Donald Trump officially becomes the lowest-rated President in U.S. history during his first 100 days in office since polling began in the FDR Era...

• The Trump Administration has now gutted the Voting Rights Unit in the Civil Rights Section of the Dept. of Justice. All of the senior managers have been reassigned elsewhere and all pending cases from the prior Administration have now been dropped. So much for the DoJ's "crown jewel"...and enforcement of voting rights.

• After losing one case after another after another in lower courts since taking office, the Trump Administration is hoping to change their luck by turning the tables by arresting a sitting state judge in Wisconsin for allegedly helping an undocumented migrant avoid arrest by ICE when he was in her courtroom for a completely unrelated case. The state judge, Hannah Dugan, was hand-cuffed at the court (as opposed to, for example, Trump being allowed to turn himself in at an appointed hour for his two felony indictments) and Trump's FBI Director, Kash Patel, posted a photo of the perp walk on social media in violation of DoJ's long-standing policy. The case against Hannah, however, may not turn out to be a very good one, according to Marcy Wheeler.

• And now they're "deporting" U.S. citizens. At least children. With their mothers. Late last week, two mothers were both deported to Honduras after showing up for a scheduled check-in along with their kids, one of whom is 2-years old, one who is 7-years old, and one who is 4-years old...with Stage 4 cancer. The children are all U.S. citizens. Neither of the mothers were reportedly allowed to speak to a lawyer after being handcuffed and shipped out of the country. One of the women was reportedly allowed to speak to the father of her children for 1-minute before the call was cut off by ICE and the women and their children were all deported. And yet, when asked about it on Sunday, Sec. of State Marco Rubio had the gall to say that, while both citizens and non-citizens alike are entitled to Constitutional due process, "if you're in this this country unlawfully, you have no right to be here and you must be removed." But, how do you determine if someone is in the country unlawfully without due process? Clearly, neither of these women --- OR THEIR CHILDREN --- received it. That, by the way, is according to the far-right, very Trumpy, Trump-appointed U.S. District Judge in Texas overseeing their cases. Even he is not happy about it!

• So, is this what Trumpers were hoping for when they voted for him last November? I had hoped to talk to a few of them as I asked such listeners to give us a call today. But, right as we finally got to the phones, the entire phone system here at KPFK crashed. [Please consider giving them a donation to help upgrade the phone system! And please tell them Brad sent you when you do!]

• Oh, well. That gave us some time to walk through at least a few of the major new polls out over the past few days in the run up to Trump's 100th Day in office this week, finding him with the lowest rating at this time in office of every President who has served over the past 100 years. And it's not just his overall approval that has crashed --- into the 30s in some of the polls --- but, on every single issue of note, more Americans oppose him than support him...by huge margins...

• And also, some time to enjoy the schadenfreude of a whole bunch of MAGA folks who seem to now deeply regret their vote for Donald Trump...

This seems to be the worst fascist takeover ever. But he's doing it anyway...

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Republican Ken Paxton, the ethically challenged Texas Attorney General, who paid nearly $300,000 in restitution to plea bargain his way out of a securities fraud indictment that had been pending since 2015, is vehemently opposed to the effort by state county election officials to encourage voter registration via the unsolicited mailing of voter registration forms to likely eligible voters.

Paxton's effort at voter suppression in two of the Lone Star State's most populous --- and Democratic-leaning --- counties, has now resulted in several lawsuits. A suit in state court filed by Paxton against Bexar County (San Antonio), and two filed in federal court, one each by Bexar and Travis (Austin) Counties charging the Attorney General is attempting to suppress the vote in violation of long-standing federal law...

"The Supreme Court of the United States is anti-democracy and antivoter --- and has been for far longer than you might think." That sounds like something we might charge at The BRAD BLOG or on The BradCast. But, today, that allegation comes from our guest, an esteemed law professor in his brand new book. [Audio link to full show follows this summary.]

FIRST UP, however... A couple of news items of note today. Convicted felon Donald Trump's 2016 campaign manager and Senior White House Advisor Steve Bannon (also a longtime "anti-democracy and antivoter" activist) may finally be heading to jail as of July 1. That according to a ruling today by the Trump-appointed federal judge overseeing Bannon's two 2022 convictions for Contempt of Congress following his refusal to answer subpoenas from the bipartisan House January 6 Committee. He still has a couple of potential options for delay --- including his hope for a lifeline from the corrupt U.S. Supreme Court. But, otherwise, he is likely to soon be locked up for the next four months in the run-up to this year's election. Sad!

Also today, the EU's climate monitor announced this week that, as of May, the past 12 months have each been the hottest ever recorded on Planet Earth. That announcement came on the same day this week that the U.N. Secretary-General, António Guterres, offered a blistering speech deriding the fossil fuel industry as "the Godfathers of climate chaos" who "rake in record profits and feast off trillions in taxpayer-funded subsidies" after having set the planet on "the highway to climate hell". He is, of course, correct. But Guterres also called, for the first time, for a ban on all ads by fossil fuel companies, akin to the one against tobacco companies, given the billions that Big Oil has spent on decades of deadly lies "distorting the truth, deceiving the public and sowing doubt" about the harm they've caused. He also called for "news media and tech companies to stop taking fossil fuel advertising." Think they will? We discuss.

NEXT... We're joined by Constitutional election law professor JOSHUA A. DOUGLAS of the University of Kentucky's College of Law to discuss his brand new book, The Court v. The Voters: The Troubling Story of How the Supreme Court Has Undermined Voting Rights. That title almost speaks for itself. But, as you might imagine, it gives us a lot to discuss today.

In his book, Douglas highlights nine different landmark SCOTUS rulings --- some you almost certainly know of, but others that you may not --- going back about 50 years, which he says have "contributed to the rise of anti-democracy forces animating our elections" today, leading the nation on the path toward the attempted rightwing insurrection on January 6, 2021.

"Legitimacy requires buy-in from everyone," when it comes to election law, Douglas tells me today. "So the fact that I make this statement about the Supreme Court, as someone who has tried to be very non-partisan in my work, says a lot about how stark it has become with respect to the way in which the Court has crafted or thought about the Constitutional right to vote."

"It has been death by a thousand cuts," he explains. "A slow march. There's no one case or one concerted effort." But the result of the Court's persistent rulings has been to undermine voting rights and, ultimately, the Constitutional order by giving more and more power to the states, after years of previously requiring strict scrutiny when it comes to restrictive voting laws. Each new ruling, he says, has fed off previous ones, granting more and more power back to states to restrict voting rights, eroding federal protections in both law and the Constitution.

In some cases, Douglas argues, such as 2021's Brnovich v. DNC, the Court (in this case, Justice Samuel Alito writing the opinion for the majority) has taken to simply making up new tests for state election laws "literally from thin air" to support their antivoter rulings.

Ever since the decade following the Civil Rights era, "it's been a slow march towards dismantling some of the protections of the Voting Rights Act, as well as undermining the constitutional importance of the right to vote within the U.S. Constitution. When you look at any one case, you don't necessarily see it. It's when we look at these combined, to note the way in which the Court has placed a thumb on the scale of the [state] legislatures at the expense of voters."

The book is written not for legal scholars, Douglas promises, but for actual voters. Rather than offering simply legal analyses, it is chock full of stories about the individual people involved in each of the cases he highlights. Evidence to support his argument here may be found in the title of Chapter 8, "An 'Embarrassing Judicial Fart'", on 2000's Bush v. Gore ruling.

While The Courts v. The Voters argues "we can no longer count on the Supreme Court to protect an equal right to vote for all" and that "voters are left with nowhere to turn to vindicate their rights," Douglas also offers a prescription for overcoming what he regards as an assault on our Democratic Republic in both the book and on today's program.

FINALLY... Desi Doyen joins us for our latest Green News Report, with more on what the European Union's chief climate monitor describes as the "shocking but not surprising" record heat over each of the last 12 months; the U.N. Secretary-General's well-supported screed against the deadly "Godfathers of climate chaos" in the fossil fuel industry; a record number of heat deaths in the U.S. last year; and the world's largest solar farm --- the size of New York City --- now finally online...in China.

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