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IN 'GREEN NEWS EXTRA' (see links below): World War Fee: Utilities Holding Action on the Solar Revolution; Auditors Fault EPA for Lax Chemical Safeguards; California becomes first state to ban plastic bags; Tiny Spanish Island Nears 100 Percent Renewable Energy; Alaska Judge Dismisses Pebble Lawsuit Against EPA As Premature; Willie Nelson, Neil Young Lend Their Talents to Keystone XL Fight ... PLUS: China’s Haves and Have Nots: Clean air, water only for those who can afford it ... and much, MUCH more! ...

Yes, Ohio Republicans are still barred from limiting the early voting period and still required to restore the days and hours they had, yet again, tried to cut off. At least they are barred, again, for now.

On Wednesday, a unanimous three-judge panel of the U.S. 6th Circuit Court of Appeal issued a 50-page ruling [PDF] in which it upheld a lower court's preliminary injunction from three weeks ago that prevented Ohio’s Republican Secretary of State John Husted from implementing a Feb. 19, 2014 GOP-engineered statute, and his own further Directive, which would have drastically reduced the number of early voting days and hours and eliminated same-day registration and voting during the first five days of a previously established 35-day period of early voting in the Buckeye State.

Reflecting the fact that he anticipated an adverse ruling, Ohio's Republican Attorney General Michael DeWine filed an Emergency Appeal for a Rehearing [PDF] by the full 6th Circuit, on the very same day the three-judge panel handed down their decision. His appeal presents essentially the same arguments that have now, repeatedly, been rejected by the courts, first in a 2012 case, Obama for America v. Husted, and now, again, in Ohio State Conference of the NAACP v. Husted...

Here's a bit of good news for California voters for a change: an effort to place a measure on the November 2014 ballot that would have implemented polling place Photo ID restrictions on voting in the Golden State has failed to gather enough signatures to qualify.

Similar voting restrictions enacted by Republicans around the country have recently been found to be in violation of both the U.S. Constitution and the federal Voting Rights Act. See this recent federal court ruling in Wisconsin, for instance, or this state ruling in Pennsylvania.

Despite those recent blows and others to GOP efforts to implement such policies, the aborted effort in California, headed up by a shadowy organization calling itself GuardMyVote.org, would deny the right to vote to otherwise legal voters who failed to present very specific types of Photo ID at the polls, or a photocopy of same for absentee voters. The legislative language of the detailed 7-page initiative [PDF] would have required voters to present a Photo ID with an expiration date that, among other requirements, "was issued by the United States or the State of California (excluding public colleges and universities)."

Why state-issued Photo ID from public colleges and universities would not have been acceptable is not stated in the proposed measure, but similar GOP-enacted Photo ID restrictions in other states have been found by courts and academic studies alike to disproportionately discriminate against those who tend to vote Democratic, including minorities, the elderly, the poor and student voters.

Had the initiative made it onto the ballot and then been adopted by California voters, it would have taken effect on January 1, 2016, just in time for that year's Presidential election cycle. The failed effort may also prove to be a dodged bullet for Pete Peterson, the state's 2014 Republican nominee for Secretary of State who would have also been on the same ballot. Peterson managed to dodge some of The BRAD BLOG's specific questions about his position on such initiatives in "blue" California.

In a short search, the only names The BRAD BLOG has been able to find involved in the failed CA Photo ID measure appear to be two Rightwingers, though it's unlikely that either crafted the detailed legislative language of the proposal. The woman who submitted the initiative to the state identifies herself as a "conservative" talk radio host who broadcasts out of Palm Springs, even though, as the summary of the initiative [PDF] created by the state Legislative Analyst and Director of Finance found, the fiscal impact of the initiative was anything but conservative. The initiative, if adopted, would have included increased costs to state and local governments "potentially in the range of tens of millions of dollars per year" and required a potential increase in state funding of elections to the tune of "about $100 million," according to the legislative analysis.

The slick GuardMyVote.org webpage describes the group as a "pending" non-profit, non-partisan 501(c)4 social welfare organization. According to the site's "About Us" page: "Guard My Vote is a non-profit volunteer organization dedicated to protecting the integrity of the vote and the voter rights of all eligible California citizens, native born or naturalized."

The site accepts contributions but offers no information on exactly who they are, or who has funded either the initiative or the website. For all of their claims about "integrity," the site fails to list a single name or organization backing the initiative, so we had to do a bit of digging...

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IN TODAY'S RADIO REPORT: Republicans attack Obama EPA's proposed CO2 emissions standards... but they were FOR emissions cuts before they were against them; Good news for endangered wolves; PLUS: Los Angeles oil spill exposes gaping hole in pipeline oversight ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Pessimist Ezra Klein's 7 reasons America will fail on climate change; G7 leaders back 2015 climate deal to build on U.S. momentum; Report: faulty blowout preventer, corporate culture at fault in BP oil disaster; Court rejects BP suit to avoid paying federal fines and damages for Gulf spill; Corporate spies infiltrated Australia anti-coal group; CA fracking moratorium voted down by oil-funded legislators; China aims to cap greenhouse gas output soon; Monarch butterfly decline linked to spread of GM crops ... PLUS: Latest 'COSMOS' Episode on Global Warming Turns a 'Denier' into 'Believer' ... and much, MUCH more! ...

Early last week, with little attention in the media, the U.S. 10th Circuit Court of Appeal applied the brakes, for now, to one of the newest voter suppression schemes on the bleeding front edge of the GOP's ongoing War on Voting.

The insidious new Republican scheme, if it manages to overcome continuing challenges in court, such as the stay and appeal it now faces in the 10th Circuit, could result in thousands of otherwise eligible voters in Kansas and Arizona (and elsewhere, if the effort is allowed to move forward in KS and AZ) unable to even register to vote, much less cast a ballot on Election Day.

An investigative report by the Arizona Republic last year found the evidence for the purported basis of the new law --- claims by Republicans that non-citizens are casting ballots in the state --- to be "nearly non-existent".

Judith Brown Dianis, a civil rights litigator at The Advancement Project, described the nearly decade-long, coordinated, nationwide GOP voter suppression effort as "the largest legislative effort to roll back voting rights since the post-Reconstruction era". While appearing before a U.S. Senate Subcommittee in 2011, she described the effort as one designed to make "it harder to register to vote, harder to cast a ballot and harder to have a vote counted."

One of the primary GOP efforts to make it "harder to cast a ballot" can be found in the spate of polling place Photo ID laws that Republicans have sought to justify on the basis of what amounts to a phantom menace. Cases of in-person voter impersonation --- the only type of voter fraud that can be prevented by Photo ID --- are about as scarce as hen's teeth.

The same can be said about baseless GOP claims of an epidemic of voter fraud in the form of votes cast by non-citizens --- an allegation that is now being used as part of the new Republican ploy to prevent perfectly lawful citizens from even registering to vote...

This week's federal court decision to strike down Wisconsin's polling place Photo ID law has national significance and does not bode well for Republicans who have been attempting to advance such electoral schemes in recent years, as based on misleading "facts", wild claims and dishonest interpretations of case law and court precedent.

The court's landmark decision in the Wisconsin case contains a methodology for testing the law's constitutionality that, if applied by other courts in similar federal challenges to similar laws in other states, would likely mark the beginning of the end for Republican-enacted, polling place Photo ID restrictions. We describe that possibility as "likely", given that a careful reading of prior case law suggests that six of the Supreme Court's nine Justices have already subscribed to legal opinions that are consistent with the methodology used by the federal court in Wisconsin.

In late 2011, shortly after the filing of the first of the two federal cases that resulted in this week's ruling finding that Wisconsin's polling place Photo ID law (Act 23) violated both the U.S. Constitution and Section 2 of the Voting Rights Act (VRA), The BRAD BLOG explained why the issues before the federal bench in Wisconsin "could reverse similar laws nationwide."

The 90-page decision and order [PDF] that U.S. District Court Judge Lynn Adelman meticulously crafted, not only after a full trial on the merits, but over a span of more than 3 1/2 months following it, suggests that our earlier prediction may have been an understatement.

In declaring Wisconsin's Republican-enacted Photo ID law unconstitutional and a violation of federal law, Judge Adelman applied a very specific test for the law, one called for by the U.S. Supreme Court back in 2008. That same test, measuring the potential benefits of such laws against their possible harm to voters' rights, if similarly applied elsewhere, would likely invalidate most, if not all of the similar restrictions which have been rammed through numerous GOP-majority state legislatures over the past six years.

While stopping short of describing Republican "justifications" for such laws as a mere pretext for voter suppression, Judge Adelman's decision persuasively finds that the core GOP claims about the supposed need for polling place Photo ID restrictions cannot withstand judicial scrutiny when tested against a fact-based reality in a court of law. The judge found, in no uncertain terms, that such laws are constitutionally infirm because, without legitimate state interests for such restrictions, they serve only to disproportionately disenfranchise the poor, the elderly and minority voters...

A U.S. District judge has ruled that Republican legislators in North Carolina must provide documents revealing their work in passing and implementing a radical election reform bill which, when it was passed last year, was described by opponents as the "worse-than-anyone-would-have-ever-imagined voter suppression bill."

Late last week, U.S. District Court Magistrate Judge Joi Elizabeth Peake issued an Order [PDF] in which she rejected a blanket refusal by NC Republican state legislators to provide any documents that relate to the question of whether the sweeping legislation known as the Voter Information Reform Act ("VIVA" aka HB 589) amounted to nothing less than a racially-motivated attempt to deprive African-Americans of their constitutional right to vote.

As we observed when the law was hastily enacted last year, among the law's myriad ways of making registration and voting much more difficult, VIVA includes "draconian polling place Photo ID restrictions (despite the absence of any evidence of polling place impersonation in the state), shortens the early voting period and eliminates NC's very successful same-day voter registration program."

VIVA was quickly passed last year on the heels of the U.S. Supreme Court's controversial, 5-4 decision in Shelby County v. Holder. The decision resulted in the gutting of a central provision of the federal Voting Rights Act. Before that, most of the measures in VIVA could not have taken effect unless they received advance approval from either the U.S. Department of Justice (DoJ) or a federal court. Such approval could have been obtained only if NC established that VIVA was neither intended to nor would have the effect of denying or abridging the right to vote on account of race, color or being the member of a language minority.

The new ruling may help plaintiffs establish violations of both the still-standing elements of the Voting Rights Act and the U.S. Constitution. Moreover, the order to compel documentation concerning the law's genesis in NC, if upheld, could also have a broader national significance...

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IN TODAY'S RADIO REPORT: Obama 'finds the courage': orders federal government to increase use of renewable energy; Maine Gov. Paul LePage (R) celebrates melting Arctic; ALEC and Koch Bros. launch an attack on solar; Solar panel maker takes on Germany's electric utilities; PLUS: The Heartland Institute is lying again, this time about the American Meteorological Society ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): No climate change deniers in the global re-insurance industry; Abrupt climate change: what's in store for us?; Big Oil already prepared to pay carbon tax; Massive winter storms assault UK, EU, US; Experts worried rise in TX earthquakes caused by fracking injection wells; Hitachi unveils storage for solar, wind; Chicago tests pollution-eating concrete; We're #1: Lake Superior heating up faster than any other lake on Earth ... PLUS: Nelson Mandela led coalition of global elders to halt climate change ... and much, MUCH more! ...

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

The U.S. Department of Justice has filed a vigorous Opposition [PDF] to a Motion to Intervene [PDF] filed by the Republican "voter fraud" group calling itself "True the Vote." In its motion, True the Vote seeks to become a party to the DoJ's federal legal challenge to Texas's polling place Photo ID restriction law, SB-14.

The DoJ's opposition is rather straightforward. The right wing-funded True the Vote, they argue, has not established that it is entitled to intervene because it sets forth nothing more than a generalized grievance and because its allegation "that illegal voting might be prevented by enforcement of SB 14 is, at best, speculative."

Anyone familiar with this organization and its history, should appreciate how absurd it is that they should be taken seriously at any time, much less allowed to intervene in a critical lawsuit filed in federal court.

Permissive intervention is inappropriate, according to the DoJ, because True the Vote has failed to establish that its interests would not be adequately represented by the State of Texas. Indeed, its participation in the case, DoJ says, would be unduly burdensome in that the group seeks to divert the court's attention from the legal issues relating to polling place Photo ID restriction laws "to issues concerning True the Vote’s numerous allegations of purported voter registration irregularities."

The DoJ notes that, for identical reasons, True the Vote, whose 2011 list of "Recommendations for Legislation" [PDF] was topped by the desire to enact the polling place Photo ID law at issue, was excluded from participating in the Department's legal challenge to last year's ill-fated effort by Florida's Gov. Rick Scott (R) to purge "potential non-citizens" from the Sunshine State's eligible voter rolls.

True the Vote's deceptive tactics should come as no surprise to long time readers of The BRAD BLOG. The group is essentially the latest pretend "election integrity" arm of the Koch brothers-funded, Paul Weyrich co-founded, American Legislative Exchange Council (ALEC)-fueled GOP effort to enact voter suppression laws across the country.

The nature of their hostile, anti-voter tactics, according to the Houston NAACP, included an alleged attack upon its "volunteer poll monitors for handing out water to voters at Early Vote locations and for assisting Disabled and Elderly voters by standing in line for them or asking younger people in line to let the elderly and disabled go ahead of them in the line to vote."

The group's label, 'True the Vote', is nothing short of Orwellian. As detailed by The BRAD BLOG last year (and by others this year) truth and True the Vote remain perfect strangers...

Last week, civil rights groups filed two lawsuits in a North Carolina U.S. District Court, seeking to block what Brad Friedman aptly described as "the most extreme anti-voter bill passed by any state since the Jim Crow Era."

The Tar Heel State has a sordid history of official discrimination, a history that includes 30 successful challenges to discriminatory voting laws under Section 2 of the Voting Rights Act (VRA) over the past 30 years. Until the recent Republican takeover of the state, NC had become somewhat more progressive in the area of election law, even allowing for same day registration and voting which is lacking in even most of the more progressive states in the union.

Then, everything changed. Republican Gov. Pat McCrory signed a sweeping new election "reform" bill. The breadth the new law is unprecedented. It targets "nearly every aspect of the voting process," according to one of the new lawsuits. Both complaints allege that the newly minted Voter Information Verification Act ("VIVA" aka HB 589) reflects nothing less than a deliberate, racially-motivated attempt to deprive African-Americans of their constitutionally guaranteed right to vote.

The two federal lawsuits are NAACP v. McCrory [PDF] and League of Women Voters v. North Carolina [PDF].

The League also filed a separate legal challenge in state court, Currie v. North Carolina [PDF]. The state case alleges that VIVA’s polling place Photo ID restrictions violate the NC Constitution, which treats voting as a "fundamental right." (A legal analysis of the state challenge will be covered in a subsequent article).

Earlier this Summer, when the U.S. Supreme Court carved out the very heart of the federal Voting Right Act with their 5 to 4 Shelby County v. Holder decision, they acknowledged that their ruling "in no way affects the permanent nationwide ban on racial discrimination." The controversial decision rejected the formula established by Congress in the VRA's Section 4, used to identify jurisdictions to be covered by the Act's Section 5 requirement for those covered jurisdictions to receive preclearance from the DoJ or a U.S. District Court before enacting any new election-related laws. The SCOTUS decision did not, however, eliminate the right of individuals, civil rights organizations, or the DoJ to file lawsuits seeking to block discriminatory laws under the VRA's Section 2, which bars discrimination in all 50 states.

Therefore, the new federal lawsuits filed in NC do not, and need not, challenge the Shelby County decision. Their factual allegations, however, suggest that Chief Justice John Roberts was in grave error when asserting, on behalf of the Court's right-wing majority, that "the conditions that originally justified [Section 5 preclearance] no longer characterize voting in covered jurisdictions"...

The Department of Justice (DoJ) will not idly remain on the sidelines as the GOP seeks to illegally game the electoral system in the wake of what U.S. Attorney General Eric Holder referred to as the "deeply disappointing and flawed" Supreme Court decision in Shelby County v. Holder.

That decision, which carved out the very heart of the Voting Rights Act of 1965 by finding unconstitutional the formula used to determine which jurisdictions with a long history of racial discrimination are required to "pre-clear" new election laws with the federal government before they can be enacted, has been a dramatic "setback", as Holder described it, to the voting rights movement, and has even proven to be a great leap forward for vote suppressors.

But, in a speech last week to the National Urban League Conference in Philadelphia, Holder signaled his intentions to fight back against the activist Court:

The DoJ then promptly filed a July 25, 2013 "Statement of Interest" in Perez v. Texas, a federal court case challenging the imposition of new Congressional redistricting maps in the wake of the Supreme Court's gutting of the Voting Rights Act, despite the fact that both the DoJ and a panel of federal judges nixed the same map last year after it was found to have been purposefully discriminatory just last year.

The DoJ argued in its filing last week that, because the evidence presented both in Perez and in Texas v. United States, revealed intentional violations of the 14th and 15th amendments in the redistricting schemes at issue, the court should impose a ten year preclearance requirement upon the State of Texas as an equitable remedy available pursuant to Section 3(c) of the VRA.

In short, while SCOTUS gutted the VRA's existing Section 4 formula for determining jurisdictions to be covered by Section 5 pre-clearance requirements, it left Section 3, which allows for jurisdictions to be added or "bailed in" to the list of those subject to preclearance intact. The DoJ now wants Texas added to the list of such jurisdictions.

It is of critical importance to note, however, that Holder's Urban League speech made clear that his intentions of pushing back were neither limited to Texas nor to Section 3.

"This is the Department’s first action to protect voting rights following the Shelby County decision, but it will not be our last," Holder vowed.

He then stated (emphasis added): "My colleagues and I are determined to use every tool at our disposal to stand against discrimination wherever it is found."

As observed by University of California Irvine Law Prof. Rick Hasen, Holder's pledge to have the DoJ "use whatever tools it has remaining in its arsenal to protect minority voting rights" is "a big deal."

It's a "big deal" not just because of the creative use of Section 3 in Perez, but also because the DoJ is joining a case originally brought "under Section 2 of the [VRA] to enforce the guarantees of the [14th & 15th] Amendments against racial discrimination in voting." The DoJ's actions here suggests that they are finally prepared to add the power and resources of the federal government to legal efforts to protect the right to vote that had been primarily made during the last election cycle by privately-funded, public interest groups like the ACLU and League of Women Voters...

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IN TODAY'S RADIO REPORT: On the one hand, Obama moves the environmental ball forward --- on the other hand... not so much; Oil leak in CO; Fish populations rebound (thanks, Big Government!); BP trial update; Abu Dhabi opens world's largest solar plant; Power failure at stricken Fukushima nuke plant; PLUS: Wind turbine sickness caused by anti-wind propaganda ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): High-resolution charts show carbon impacts skyrocketing; Democratic senators intro legislation to end oil industry tax breaks; March's extreme weather swings; Emergency cleanup at abandoned gold mine; Canada scientists muzzled by Harper Administration; Debunking the Daily Mail -again; Days of promise fade for ethanol ... PLUS: "De-extinction": Why we shouldn't bring back extinct species from the dead ... and much, MUCH more! ...

The first section of the Fifteenth Amendment to the Constitution, ratified in 1870 after the Civil War and the abolition of slavery, reads simply: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

The second, and final section of the 15th Amendment, is even shorter: "The Congress shall have power to enforce this article by appropriate legislation."

Congress is charged with determining the "appropriate legislation" to assure that voters are not discriminated against on the basis of race. And, though it took almost another 100 years after the ratification of the 15th Amendment to do so, the Voting Rights Act (VRA) of 1965 was passed to help ensure exactly that.

In 2006, in continuing its duty to uphold the Constitution, after 21 Congressional hearings, including testimony that amounted to some 15,000 pages of evidence, the VRA was re-authorized for another 25 years by an astounding 98 to 0 margin in the U.S. Senate and a nearly-as-impressive 390 to 33 in the U.S. House.

"There was a lot of invidious discrimination shown," says Rep. James Sensenbrenner (R-WI), who chaired the U.S. House Judiciary Committee at the time. He characterized the hearings, which closely examined the extent to which racial discrimination still affects minority voters, as "one of the most extensive considerations of any piece of legislation that the United States Congress has dealt with in the twenty-seven and a half years that I have [served]."

That year's VRA re-authorization was signed into law by Republican George W. Bush. The law's three other federal re-authorizations (in 1970, 1975 and 1982) were also signed into law by Republican Presidents.

One of the most successful, and universally respected pieces of bi-partisan legislation in our nation's history, however, is now coming under serious attack from Republicans and a group of billionaire funders in the years following its last re-authorization. Since that year, an unprecedented number of challenges against the VRA --- specifically its Section 5, which applies to some 16 different jurisdictions with a long history of racial discrimination --- have been filed in the court system, at the same time that a tidal wave of voter suppression laws have been passed by GOP legislatures across the country, most notably, in many of the jurisdictions covered by Section 5.

A challenge to that section of the VRA, which served to block a number of new restrictions on voting and voter registration during the run-up to the 2012 election, will be heard by the U.S. Supreme Court on Wednesday, and the outlook for the crucial protections that Section 5 has offered for decades are now potentially in very grave danger of being struck down entirely...

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IN TODAY'S RADIO REPORT: Will WA state ship dirty coal to China?; Wacky winter weather strikes the Southeast; Which kills more birds - wind farms or house cats?; ALEC pushes anti-science curriculum; PLUS: A green tech oasis rises in the desert of Qatar ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Scientist: 69 ft of sea-level rise in motion; Opportunity costs to not using renewable energy; Breakthrough promises solar power cheaper than coal; Study: energy industry water use set to double by 2035; Alaskans try to flee climate change impacts; Fracking, now for uranium!... PLUS: How can Germany be both a green leader and remain an industrial powerhouse? ... and much, MUCH more! ...

[Now UPDATED with audio archives below.]

Our week guest hosting the nationally-syndicated Mike Malloy Show continues.

As usual, we'll be BradCasting LIVE tonight from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open, at the bottom of this item, a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• LISA GRAVES, Executive Director of Center for Media and Democracy on their call for the U.S. Senate to investigate and subpoena the Koch Brothers and hold public hearings to help expose the threat to democracy represented by "dark money" and Citizens United.
• CHARLES JOHNSON of Little Green Footballs on the Rightwing's latest pretend scandal about Benghazi and much, much more up to-the-minute wingnuttery!
• PLUS! Much more, including Allen West's surprise concession in FL-18, Desi with the latest Green News Report, and as many of your calls as we can possibly get to over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (tell them you're from "Minnesota" when asked). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

POST-SHOW UPDATE: Fun show tonight, but you be the judge! Commercial-free audio archives are all now posted below for your listening pleasure (as are the chat room archives). See ya tomorrow night, for our final night in for Malloy this week!...