On today's BradCast: Bad hombres! Nasty women! And SUSPENSE! Real coverage of the final Presidential Debate of 2016, some of which is almost guaranteed to piss off just about everybody in one way or another. You're welcome! [Audio link to show posted below.]

For our analysis of the final --- and, by our count, 25th! --- debate of the 2016 cycle, I'm joined once again by award-winning journalist Heather Digby Parton of Salon and the Hullabaloo blog, and by David Dayen, of Fiscal Times and author of Chain of Title: How Three Ordinary Americans Uncovered Wall Street's Great Foreclosure Fraud.

As you probably expect, we spend some time focusing on Trump's dishonest claims that the election is being "rigged" and his refusal to promise a peaceful transfer of power. But we also discuss the, at times, disingenuous outrage about it all from the media as well as both Republicans and Democrats, each of whom seem to have developed more than a bit of convenient amnesia about recent elections, about the mechanics of our electoral system, and even very recent assertions about all of the above.

Yes, election fraud and election integrity are topics about which we have some familiarity around here. And, while nuance and complexity and facts may not play well in the corporate media or among angry partisans near the end of an insane election cycle, no small amount of each are called for today. We do our best.

"Digby" and Dayen also bring insight on a number of the other surprisingly substantive issues raised at the debate (as well as important issues that, once again, were not), many of which have been largely overlooked in the wake of Trump's latest embarrassing tantrum(s)...

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There's been a lot of talk of "rigged" elections this year, but not only from Donald Trump and his supporters. Democrats, until recently, have also been warning that our electoral system was under threat of manipulation by outsiders. But, today, the President offered a very different message to voters, arguing that "there is no serious person out there who would suggest somehow that you could even rig America's elections."

Huh? Well, that's confusing. So, we try and get a bit closer to the facts on all sides of this issue on today's BradCast. [Audio link to show posted below.]

While Hillary Clinton appears to be opening up a substantive lead in a number of nationwide polls, Trump's rhetoric of a "rigged" election grows more desperate and incendiary each day. Oddly enough, however, his message does not appear to be winning over many converts. In fact, evidence suggests his own supporters are not growing less confident in the election, but his rhetoric may actually be improving confidence among Dems that votes will be counted as cast.

But, is that confidence warranted? Just weeks ago Democrats were warning us about the possibility of voting, tabulation and voter registration systems being hacked by foreign entities like Russia. But now, many Democrats and Republicans alike, including the President in the Rose Garden today, are making the case that our election systems are secure and cannot be hacked. So which is it?

I'm joined today, to try and figure it all out, by Pamela Smith, president of VerifiedVoting.org, a non-partisan organization which closely tracks voting and registration systems --- and their well-documented vulnerabilities to manipulation --- in all 50 states and at the federal level.

As longtime BRAD BLOG readers know well, yes, our voting and registration systems --- in every state --- remain vulnerable to error and tampering by outsiders and, more directly, election insiders. Because we use computer tabulation systems, it's often impossible (as with touch-screens) or unlikely (as with op-scans) to know that results accurately reflect voter intent. That alone remains a threat to confidence in our electoral system, no matter how confident many would like voters to be today.

"The challenge we have when we use electronic systems is that some problems that can be introduced into those systems are difficult or impossible to detect," says Smith. "Evidence-based elections is a really important standard for us to have nationwide. It builds confidence when jurisdictions can demonstrate that votes were counted correctly."

Smith and I discuss all of that, examine some of the most vulnerable areas (Hello, Pennsylvania, Georgia and Nevada!), and talk about what, if anything, can be done to try and assure that votes will be counted as cast in Election 2016 for President, Congress, the U.S. Senate, state and local contests as well as ballot measures and everything else. Much more detail than I can effectively summarize here. So, please give it a listen for yourself.

Near the end, however, with voting already under way in many states and Election Day just three weeks from today, Smith adds this important thought: "The one way we know for sure that your vote won't count is to not show up. And, whether or not you have full confidence in the voting system you're going to use, you still need to make the effort to make your voice heard."

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On today's BradCast, with just one month to go before Election Day, the fight to vote continues in key swing states like Wisconsin, Ohio and Florida, where millions have been displaced due to Hurricane Matthew on the final weekend before the voter registration deadline.

As the deadly storm sweeps up the Florida coast, knocking out power and leading to evacuations across the state, Florida Gov. Rick Scott (R) refuses to extend the state's voter registration deadline, despite major registration drives planned for this weekend forced to be cancelled due to the state emergency and (perhaps because of) the fact that 50,000 voter registered during the same last minute time-frame in 2012. (Meanwhile, in GOP-leaning South Carolina, Republican Gov. Nikki Hailey has extended the deadline in her state.)

In Wisconsin, voter suppression continues as the state's lie to a federal court about the availability of Photo IDs at DMVs continues to disenfranchise 90-year old women and many others, and, thanks to a new law by state Republicans, thousands of absentee ballots are now at risk of being tossed altogether in the Badger State.

In Ohio, absentee ballots and provisionals are being tossed out for technical reasons in urban areas but not rural areas, and a federal appeals court has, once again, declined to take action. All of that while Trump and Republicans continue to lie about non-citizens voting and as the U.S. Dept. of Justice, for the first time in 50 years, will be unable to deploy hundreds of polling place monitors in states with a history of racial discrimination, thanks to the 2013 gutting of the federal Voting Rights Act by the U.S. Supreme Court.

Finally, in 2008, young Jewish voters worked to turn out their elderly Jewish grandparents for Barack Obama in Florida. In 2016, as a new video illustrates, the tables have somewhat turned...

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On today's BradCast, coverage and analysis of this year's one and only (thank God!) Vice Presidential Debate at Longwood University in Farmville, Virginia on Tuesday night between Hillary Clinton's centrist Democratic running mate Sen. Tim Kaine of VA and Donald Trump's religious right Republican running mate Gov. Mike Pence of Indiana. [Audio link is posted below.]

It was, in my opinion, as I noted on The Twitters last night, the worst Presidential or Vice Presidential debate in modern U.S. history, thanks in no small part to the disastrously horrible moderator, CBS News' Elaine Quijano. Her questions seem to come straight off of Fox "News" (where CBS News chief David Rhodes previously worked, coincidentally), failed to follow up any answers, failed to either keep decorum between the two candidates or at least get out of their way, and failed to raise real issues of note --- such as gun violence, race issues, health care, global warming, LGBT issues, campaign finance or voting rights, to name just a few --- effecting the actual everyday lives of Americans.

Mike Pence is a man who has argued smoking doesn't cause cancer, denies climate change, couldn't run for President himself in 2016 because he screwed up so badly on the anti-LGBT bill he signed in Indiana, in December of just last year tweeted "Calls to ban Muslims from entering the U.S. are offensive and unconstitutional" in response to Trump's call for same --- and, yet, Quijano couldn't muster up a single question on any of those incredibly disturbing things from Pence's career.

But it was also the remarkable avalanche of lies, as offered by the very impressive if astonishingly dishonest GOP Veep nominee, which made the evening simply jaw-dropping at times. Some of those lies were rebutted by a struggling, over-eager Kaine. Others have since been left to those in the media who care to sort such things out.

That's where we come in, I guess. I'm joined today to try and make sense of all of the above by Heather Digby Parton of Salon and the Hullabaloo blog, John Amato, founder of the Crooks and Liars blog and, of course, our own Desi Doyen.

Buckle up and tune in as we "whip out that Mexican thing again"...

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One more that PDiddie must have overlooked in his weekly toon round-up, but is too good to pass up here...

On today's BradCast, another Republican run state appears to be blatantly violating federal court requirements on voting rights, just over one month from Election Day. [Audio link to show posted below.]

While Donald Trump and his businesses have continuously violated state and federal law, even as he calls for 'Law and Order' on the campaign trail as detailed, yet again, on yesterday's program, Republican controlled states continue to violate federal court orders on voting rights. The latest appears to be Wisconsin who, as Ari Berman at The Nation reported, is systematically failing to supply voters with Photo IDs at Departments of Motor Vehicles as the state had promised the U.S. 7th Circuit Court of Appeals in late August. That promise prevented the court from weakening or killing the GOP's Photo ID voting restriction which has been found, over and over (and over), to disproportionately disenfranchise minority voters in violation of the federal Voting Rights Act.

Joining us to discuss the news --- which has resulted today in a federal judge, on his own motion, ordering the state back in to court to explain themselves --- is Kathleen Unger, President of VotersRiders.org. Her non-profit, non-partisan organization, as Berman detailed, visited 10 DMVs around the Badger State and found only 3 of them prepared to provide Photo IDs to voters who need them to vote within the promised 6 days. Many of the others said the process would take anywhere from 6 to 8 weeks at best, long after Election Day is over and after tens of thousands of voters will have lost their right to vote.

"These Voter ID laws are an unfunded mandate on citizens," Unger explains, for minorities as well as seniors, students, low income voters and others who must take time off work and travel to get the very narrow type of IDs now required to vote in states where these laws have been allowed by courts to stand.

She offers details on the disturbing revelations discovered by her group during visits to WI DMVs with otherwise eligible voters, and what --- if anything --- can now possibly be done to correct the situation less than 40 days out from Election Day and with early voting already under way. She also hopes to point folks towards VoteRiders' downloadable, wallet-sized Photo ID information cards detailing the laws in each state. Informed voters may be the only hope, as chaos in many such states on Election Day is, yet again, a very serious concern.

Wisconsin, as Unger and I discuss, is just the latest scofflaw "red" state to blatantly violate recent federal court requirements concerning voting rights, following on the heels of Texas, Kansas, Ohio and others.

Also today: Yet another major newspaper breaks with years of tradition by asking readers to vote against the Republican nominee; Trump unleashes a bizarre overnight Tweetstorm railing against (and lying about) his former Miss Universe, and Desi Doyen joins us for the latest Green News Report recapping what little climate discussion there was at Monday's Presidential debate...

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On today's BradCast, updates, racism, lies, voting rights and video tape. [Audio link posted below.]

We've got several updates on the situation in Charlotte, NC following the police killing of Keith Lamont Scott, including the release of an eyewitness video of the shooting said to be from his wife's cellphone. While the tape is heart-wrenching in and of itself, it also appears to show something that looks like a gun seemingly appearing from out of nowhere on the ground next to the victim's body. As noted on the show, I'm not sure what to make of this. It could somehow be a trick of light, shadows, editing, camera angle or...it might not be a gun at all. Others (NBC's Joy Reid, Rolling Stone's Tim Dickinson) seemed to be wondering about it as well.

See it for yourself in both the New York Times version of the video as well as the NBC News version. (Enlarge the videos and watch the ground to the right of the body, just next to one of the cop's feet from appx 1:43 to 1:44 in the NBC version and appx 2:01 to 2:02 in the NYTimes version. The NBC version is a bit easier to see, since they have crop/zoomed-in the cellphone framing a bit.) Strange. No real comment. So, I'll just leave that here for now. (But, yes, police do get caught planting guns and falsifying police reports.)

Also today, more blatant and rather jaw-dropping racist statements from the (now former) Trump campaign chair in Mahoning County, OH, Republican U.S. Congressman Robert Pittenger (who represents Charlotte!) and, of course, from Trump himself.

Then, in advance of Monday's Presidential debate, a new non-partisan analysis finds the GOP nominee's proposed elimination of ObamaCare and replacement healthcare plan would result in 20 million Americans losing health coverage. We also review his repeated lie that he opposed the Obama/Clinton actions to intervene in Libya and take out Qaddafi (with audio from 2011 in which he declares the opposite in no uncertain terms.)

Next, troubling e-voting and hacking news and new court rulings and cases concerning voter suppression in the states of Ohio, Georgia and Texas. Finally, Desi Doyen joins us for an important Green News Report, as well as some disturbing, recently unearthed remarks from Libertarian Presidential nominee Gary Johnson concerning global warming...

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Following a recent court-approved agreement entered between the state of Texas and challengers to its unlawful Photo ID voting restriction, the plaintiffs are now back in court after state Republicans, including the state's Attorney General, appear to be skirting the remedies they had previously agreed to.

Both the U.S. Department of Justice (DoJ) and the private plaintiffs in Veasey v. Abbott are now seeking emergency relief to prevent the state from utilizing a deceptive scheme that plaintiffs believe will serve to intimidate and disenfranchise voters despite the court-ordered remedies agreed to by all parties just weeks ago.

The remedies, which promised to restore voting rights to hundreds of thousands of Texans this November, were an encouraging sign for voting rights advocates. The outlook for the Presidential Election was suddenly much brighter for Lone Star State voters. At least until now.

Two separate motions, one filed by the DoJ and the other by the private Veasey plaintiffs, allege that Texas Republicans, including the state's Attorney General Ken Paxton, have resorted to deception and intimidation in what appears to be a bad faith effort to prevent or at least discourage those who lack state-approved photo IDs from casting a regular vote on November 8. Both motions seek emergency relief from the District Court, but stop short of what may be an appropriate request that the AG be ordered to show cause as to why he should not be held in contempt of court...

On today's BradCast, the Primary season is still going (believe it or not), and we've got several important results from Arizona and Florida's contests on Tuesday. Also, important breaking news for the U.S. Supreme Court, and the Obama Administration gets sued to stop new leases to oil and gas companies on federal lands. [Audio link to show is posted below.]

First today, Donald Trump goes to Mexico for a brief visit with the Mexican President. Our coverage is mercifully even briefer.

Then, the Scalia-free U.S. Supreme Court splits 4 to 4 in response to North Carolina's emergency attempt to stay a blistering ruling from the 4th Circuit Court of Appeal in late July, where the state Republicans' massive voter suppression law was struck down after being found to have been enacted with "racially discriminatory intent" that "target[ed] African-American with almost surgical precision". The tie at SCOTUS means the lower court's ruling, nixing the law, will stand, even though four Justices (guess which ones) on the highest court in the land would have preferred to keep a law broadly seen as the nation's worst voter suppression law since the Jim Crow era in place for this November's Presidential election!

Speaking of elections, we review the results of several key races from Tuesday's state primaries in Arizona and Florida, where the reelection battles of Sens. John McCain and Marco Rubio may determine the balance of the U.S. Senate this November. Also, the controversial Democratic FL Rep. Debbie Wasserman Schultz survives, as does controversial Republican Sheriff Joe Arpaio of Maricopa County, AZ. But the news for Helen Purcell, Maricopa's Republican County Recorder in Phoenix, who many blame for the disastrous Presidential Primary in the state earlier this year, may have reached the end of her 30-year career, with just a few hundred votes (out of more than 25,000 cast) now hanging in the balance.

Then, why is the Obama Administration, which has placed a moratorium on new federal land leases to coal companies, still selling millions of acres of leases to oil and gas companies? Jeremy Nichols, Director of the Climate and Energy Program at WildEarth Guardians, who, with Physicians for Social Responsibility, filed a suit last week seeking a moratorium from the Administration's Bureau of Land Management on such auctions, joins me to discuss the landmark federal lawsuit.

"What we're seeing here is a pattern and practice of the Administration continuing to hand over rights to our public lands to the oil and gas industry," Nichols explains. "By leasing these lands, they basically convert them to the ownership of the industry, and industry can hang on to these lands for as long as they want. It really is what we call an irreversible commitment of public resources here."

He goes on to tell me that while, in many respects, the Obama Administration has been a champion for the climate and the environment, on this issue, it seems, they appear to have "a very serious blind spot."

"We feel that it's high time for this administration to apply the same scrutiny to the oil and gas program that is has applied to coal-fired power plants, its coal mining program, and other aspects of our fossil fuel consumption," says Nichols. "We are in essence condoning the release of a lot more carbon into our atmosphere and, at this moment in time, pumping more carbon into the atmosphere is the last thing that this administration --- and we as the American public --- should be condoning."

At the same time, he says, the fossil fuel industry is actually suing the Obama Administration for not making more land available to them. "It's really a shocking filing on their end," Nichols argues. "They're basically saying that even though they've gotten everything they want on our public lands --- 10 million acres of our public lands since President Obama has taken office --- that it's not enough for them."

Finally today, a few follow-ups on a number of stories we've been covering over the past week, from Maine Gov. Paul LePage's mental and political breakdown to the reports of an official law enforcement investigation into more high-level GOP voter registration fraud in Florida, this time by Trump's top campaign chief. Oh, and Vladimir Putin has been arrested at a supermarket in Florida! No, really!

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On today's BradCast: As several polls tighten in advance of the Presidential election, the FBI issues a new warning to states about voting system intrusion and last minute battles continue in federal courts over voting rights access to the polls.

First up, a new report today from investigative journalist Michael Isikoff warns of recent intrusions, believe to be by foreign entities, into voter registration systems in both Illinois and Arizona. The report cites an "FBI Flash" warning [PDF] from its Cyber Division, recently issued to state election officials in hopes of warding off similar intrusions to electronic registration and voting systems in advance of the November election.

The latest news on the completely foreseeable vulnerabilities in our voting and registration systems underscores (yet again) what we've been warning about for so many years at both The BRAD BLOG and The BradCast. Unfortunately, as usual, reporting on this issue from mainstream corporate media comes too late to make much of a difference before the next election, after which the warnings are likely to be all but forgotten...until just before the next election.

Then, BradBlog.com's long-time legal analyst, attorney Ernest A. Canning joins us for an update on the roller coaster-like voting rights battles still waging in federal courts across the country, including the latest disturbing news on Photo ID voting restrictions in Wisconsin and why something known as "The Purcell Principle" will, once again, play a key role in all of those legal fights this year.

Canning, who also wrote about the just the latest example of GOP "voter fraud" hypocrisy over the weekend, summarizes the latest dispositions in a number of key court fights against racially discriminatory Photo ID voting restrictions in Wisconsin, Texas and North Carolina, and related legal battles over access to the polls in states such as Kansas, Arizona and the swing-state of Ohio. All of those cases are likely to have an impact on results up and down the ballot this year.

Finally, we say goodbye to the hilarious Gene Wilder today, a regular presence --- in both voice and spirit --- on The BradCast...

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Despite being found a violation of the federal Voting Rights Act by multiple federal courts reviewing several challenges to Wisconsin's Republican-enacted Photo ID voting restriction, the law will stay in place this November, as per a new federal court ruling issued Friday. The court's reasoning is based on an assurance by the state that free Photo IDs will be made more readily available and easier to obtain than they have been in the past.

Late last week, by way of a unanimous decision [PDF], the full U.S. Seventh Circuit Court of Appeal denied competing appeals and cross appeals filed in the two cases challenging Wisconsin's restrictive voting law.

Earlier this month, the plaintiffs in these two cases, Frank v. Walker and One Wisconsin Institute v.Thompsen, sought emergency relief from the full 7th Circuit because it appeared, based on a decision by a conservative three-judge 7th Circuit panel, that nearly ten percent of Wisconsin's electorate was at risk of disenfranchisement via the Republican-enacted statute.

However, as the full court noted in its Friday decision, subsequent to the filing of those emergency petitions, the state of Wisconsin assured the court that it "has enacted a rule that requires the Division of Motor Vehicles ('DMV') to mail automatically a free photo ID to anyone who comes to DMV one time and initiates the free ID process." The court added:

The ruling did not sit well with ACLU senior staff attorney Sean Young, who, pointing to Wisconsin's failed record over the past five years to "get IDs into the hands of voters who need them," said "there's no reason to believe that the state's latest eleventh-hour 'emergency' procedures will work any better than its past failed policies"...

This week, in yet another setback for GOP voter suppression efforts, the U.S. 6th Circuit Court of Appeal upheld a District Court preliminary injunction that prevented Michigan Republicans from eliminating "straight-party" voting in the Great Lake State. It did so because it found that the plaintiffs in Michigan State Randolph Inst. v. Johnson would likely prevail in their contention that the MI GOP's elimination of straight-party voting violated both the Equal Protection Clause of the 14th Amendment to the U.S. Constitution and Section 2 of the Voting Rights Act (VRA).

"Straight-party voting," the appellate panel explained, "allows a voter to vote for all candidates of their desired political party by making a single mark designating the selection of that political party, rather than voting for each partisan candidate individually."

The court does not suggest that all states must make it available. In fact, many states have never made that form of voting available to their respective electorates. But, the court observed, "straight-party voting has...been available to Michigan citizens for an uninterrupted period of 125 years" --- from 1891 - 2016.

Straight-party voting in Michigan is so popular that voters twice rejected efforts to eliminate it via the referendum process --- first in 1964 and again in 2001. And while, overall, half of the MI electorate takes advantage of the straight-ticket option, this swift and efficient alternative to selecting individual candidates from a long-list of offices on a ballot has been disproportionately relied upon by African-Americans ("67% in 2012, and 73.5% in 2014"), the 6th Circuit panel observed.

However, with their own ability to retain power at stake in 2016 --- especially after the scandalous poisoning of Flint's drinking water --- Michigan Republicans were not inclined to permit either efficiency or popularity to stand in the way...

On today's BradCast, Trump turns to a Rightwing 'news' blogger with no experience in national elections to help him save his campaign, and North Carolina Republicans further reveal their desperation to keep Democrats away from the voting booth this November. [Audio link posted at bottom of article.]

But first, California continues to pay the huge, early costs of climate change as brand new wildfires explode in bone-dry Southern California, leading to evacuations of more than 80,000 residents today and the destruction of an untold number of structures, including at least one Route 66 landmark.

Then, Donald Trump responds to plummeting poll numbers with a staff shake-up that taps a Rightwing media huckster with no political experience, from far-right propaganda/conspiracy website Breitbart 'News', to head up his campaign. Eric Boehlert from Media Matters joins us to explain how the GOP establishment's demand that the Republican nominee begin running a more traditional campaign has been answered by Trump's decision to do the complete opposite, as illustrated by the new hires.

"This is someone who has no campaign experience," Boehlert, a longtime Breitbart watcher explains, describing Trump's new campaign chief Stephen Bannon. "The Trump campaign, which has been hit hard for being amateurish, for having no ground game, for having no advance teams, poor fund-raising, no surrogate operation --- they decided what they really need is someone at the top of the campaign who's never been on a campaign, let alone a presidential campaign."

"There's already this raging civil war within the conservative media. We've never seen anything like it," he says. "In terms of that civil war, people were already pointing to Breitbart as the problem. So, for Trump to now go to Breitbart to get a new campaign chief, for the rest of the conservative movement, it's just proof positive that everyone in the Trump campaign is just completely off the rails and have no idea what they're doing."

"There's going to be so many reckonings after November," Boehlert predicts. We'll see if he's right about that.

In the meantime, desperate North Carolina Republicans have now filed an emergency petition asking the U.S. Supreme Court to help them keep the state's "racially discriminatory" voter suppression law in place through November, even as GOP officials around the state work to adopt new restrictions on voting in lieu of the sweeping election law recently struck down by the U.S. 4th Circuit Court of Appeals for having "target[ed] African-Americans with nearly surgical precision".

At this point, for unpopular Republicans in NC --- and, similarly, around much of the rest of the country --- voter suppression may be one of just a very few ways they have left to save their bacon this November.

Finally today, we say "Bye-Bye!" to legendary broadcaster John McLaughlin, who changed the political media landscape (for both better and worse), following news of his death this week at age 89...

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North Carolina has now filed a last gasp attempt with the U.S. Supreme Court to keep a racially discriminatory voter suppression law in place for the November general election. The state's Hail Mary --- or, perhaps, Hail Justice Roberts --- emergency petition is unlikely to succeed.

As we reported late last month, in a sweeping victory for voting rights on July 29, a unanimous panel of the U.S. 4th Circuit Court of Appeal struck down North Carolina's massive voter suppression law --- described as the nation's worst since the Jim Crow era. In a stinging rebuke, the court found the statute's provisions were enacted by state Republicans with "racially discriminatory intent" that "target[ed] African-Americans with almost surgical precision."

On August 4, that same 4th Circuit panel summarily denied NC's request for a stay of the injunction placed on the discriminatory law enacted by state Republicans in 2013 just after the U.S. Supreme Court had gutted the section of the federal Voting Rights Act that likely would have blocked most of the statute's provisions from ever being implemented in the first place.

In their rejected request for a stay at the 4th Circuit, NC relied primarily on the "Purcell principle" --- the Supreme Court's recently-adopted general notion that changes to election laws, for good or ill, should not be ordered too close to an election due to the risk of chaos and uncertainty the late changes might cause at the polls. NC's claim that there was insufficient time to implement the change mandated by the court's injunction was inconsistent with the assurance state officials provided during oral argument that they "would be able to comply with any order [the 4th Circuit panel] issued by late July." In citing that previous assurance, the 4th Circuit also noted: "the balance of equities heavily weighs against recalling the mandate or granting a stay. Voters disenfranchised by a law enacted with discriminatory intent suffer irreparable harm far greater than any potential harm to the State."

This past Monday, August 15 --- some seventeen (17) days after the 4th Circuit handed down its landmark decision striking down the state's law --- the state filed an Emergency Application to stay the injunction with the U.S. Supreme Court. In a pleading drafted by Paul Clement, who served as the U.S. Solicitor General during the Bush administration, the stay was requested on the basis of the (previously rejected) Purcell principle and because "the 4th Circuit's decision," according to Clement, "renders every [photo ID law in the nation] vulnerable to invalidation as purposefully discriminatory."

Emergency petitions from North Carolina are assigned to Chief Justice John Roberts. However, it is likely that Roberts will assign it to the full Court, where the votes of five (5) of the court's eight current Justices would be needed to grant the stay. As explained by U.C. Irvine Law Professor Rick Hasen, it is "unlikely" that NC will convince five Justices to do so...

The plaintiffs in One Wisconsin Institute v. Thomsen, one of several long-running court challenges to Wisconsin Republicans' strict Photo ID voting restriction, have filed an emergency petition with the full en banc U.S. 7th Circuit Court of Appeal, asking that it overturn its previous photo ID decision in Frank v. Walker.

The still pending Frank case as well as the One Wisconsin challenge have, to say the least, undergone a circuitous recent history in a number of federal courts that oversee Badger State election law.

In April 2014, after a lengthy trial, U.S. District Court Judge Lynn Adelman struck down and permanently enjoined Wisconsin's photo ID law after finding it in violation of both the 14th Amendment to the U.S. Constitution as well as the Voting Rights Act (VRA).

Republicans in control of the state naturally appealed that detailed and blistering ruling. The federal appeal was assigned to an all-Republican three-judge 7th Circuit panel, headed by Judge Frank H. Easterbrook. Easterbrook is a member of the radical right wing Robert Bork-founded, Koch Brothers-funded "Federalist Society". The ensuing decision to reinstate Wisconsin's photo ID law, despite Adelman's meticulous ruling in the lower court, was so extraordinarily partisan, factually deficient, riddled with errors and legally flawed that it prompted the ordinarily staid U.C. Irvine election law Prof. Rick Hasen to tweet: "I rarely just rant in my blog posts. But Judge Easterbrook caused me to blow a gasket."

Other members of the 7th Circuit were so troubled by Easterbrook's flawed opinion that they took the unusual move of granting a rehearing en banc on their own motion. Because of prior refusals by Congressional Republicans to fill a vacancy on the 7th Circuit with an Obama nominee, at that time of the court's motion there were only ten (10) jurists serving on the full 7th Circuit --- as opposed to the allotted eleven (11) judges. The ensuing 5-5 en banc ruling --- now referred to as Frank I --- left Easterbrook's horribly flawed ruling in place, effectively disenfranchising nearly 10% of Wisconsin's electorate who did not possess or have easy access to the very specific types of Photo ID now required by state Republicans to cast a vote. .

Last April, however, after a disastrous Presidential primary in Wisconsin, where, most visibly, student voters were forced into hours long lines on Election Day in hopes of obtaining a state approved photo ID that would allow them to vote under the GOP law, the Easterbrook panel handed down a decision that appeared designed to ameliorate the widespread disenfranchisement. The ruling --- now referred to as Frank II --- suggested that disenfranchised voters who lack the ability "to obtain a qualifying photo ID with reasonable effort" should be permitted to cast a regular ballot nonetheless.

On July 19, 2016, in what was thought to be compliant with the Frank II directive, the District Court issued a remedial injunction that mandated Wisconsin afford the right to cast a regular ballot to "those who cannot with reasonable effort obtain a qualifying ID", so long as they signed an affidavit to that effect at the polling place. Many, like The Nation's Ari Berman, celebrated, believing that the voting rights of Wisconsin's disenfranchised electorate had finally been restored.

That celebration, it now appears, proved both premature and an underestimate of the level partisan duplicity on the part of the three "radicals in robes" on the Easterbrook 7th Circuit panel...