We do our best to avoid being Pollyanna-ish on The BradCast. But not everything that happened on Tuesday (or since) has been terrible. Just a lot of it. But, in fact, some of it was quite good and worth taking notice! [Audio link to full show follows below this summary.]

Among our many stories today...both good, bad and otherwise...

• A quickly moving wildfire exploded northwest of Los Angeles on Wednesday, fueled by dry brush and wind gusts up to 80mph. As of Thursday afternoon it had scorched some 14,000 acres, burned through several homes, mansions, ranches and agricultural areas and threatens another 3,500 other structures in the suburban community. 10,000 residents have been evacuated. The so-called "Mountain Fire" was 0% contained at air time. "It's like trying to put out a blowtorch with a squirt gun," said a Ventura County Fire Dept. official in a climate changed wildfire season that has, so far, burned three times as much land as last year at this time.

• Speaking of California and climate, Democratic Gov. Gavin Newsom on Thursday called an emergency special state legislative session beginning next month "to protect our state against any unlawful actions by the incoming Trump Administration." He declared on Twitter that "California is ready to fight. Whether it be our fundamental civil rights, reproductive freedom, or climate action --- we refuse to turn back the clock and allow our values and laws to be attacked."

• AP announced late this afternoon that carpet-bagging hedge-fund billionaire and Pennsylvania's Republican U.S. Senate candidate Dave McCormick had defeated three-term Democratic Sen. Bob Casey on Tuesday, adding yet another pick up for Republicans in next year's U.S. Senate, where they are already set to take back majority control. (After we got off air, however, Democratic election attorney Marc Elias countered, "The Pennsylvania Senate race is not over," citing a statement from PA's Republican Sec. of the Commonwealth estimating another 100,000 ballots remain to be adjudicated in the race where McCormick currently leads by a reported 32,000 votes over Casey.)

• This morning, President Joe Biden took to the Rose Garden to offer his first public remarks since Election Day, following Kamala Harris' apparent loss to the lawless former President, noting, "You can't love your country only when you win,". By way of contrast to Trump, Biden vowed a peaceful transfer of power, lauded Harris' run, discussed the importance of democracy (even when ya lose) and offered encouragement to staffers and supporters by telling them that "setbacks are unavoidable, giving up is unforgivable." We share his brief remarks today in full.

• Protecting and/or expanding reproductive freedoms was on the ballot in 10 different states on Tuesday. Abortion rights won in seven of them, including Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York. In fact, otherwise "deep red" MO became the first state in the union, since Roe v. Wade was overturned in 2022, to reverse a near-total abortion ban and enshrine reproductive rights into the state's constitution!

  Similar initiatives failed, however, in three states: Florida, Nebraska and South Dakota and for various reasons in each, which we discuss today. Most notably, in FL, the measure to restore freedoms and repeal the state's Big Government six-week ban was supported by a healthy 57% to 43% majority of voters. But the state mandates a 60% supermajority for adoption of Constitutional ballot amendments and, at the same time, Republican Gov. Ron DeSantis applied state muscle and seemingly unlawful measures to prevent passage.

  Politico's longtime Capitol Hill heath care reporter ALICE MIRANDA OLLSTEIN joins us today to break down what happened in each state, and where the never-ending battle for and against reproductive freedoms goes from here.

• In other good ballot measure news, voters in Washington state overwhelmingly rejected an attempt to repeal the state's landmark climate law, adopted two years ago under outgoing Democratic Gov. Jay Inslee. The new law slashes dangerous carbon emissions by charging fossil fuel polluters for their pollution. The law has already brought in some $4 billion for habitat restoration and hardening the state against the worsening ravages of climate change. Voters reportedly voted by a 24-point margin to keep the law in place!

• Finally, Desi Doyen is here with our first post-election Green News Report, with details on the troubling worldwide implications for climate under the incoming Trump Administration, as environmental groups vow to press forward. Also, details on both the wildfires in Los Angeles and the rare, late-season Hurricane Rafael which has knocked out power to Cuba (again) and is making its way into record warm Gulf of Mexico waters...

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IN TODAY'S RADIO REPORT: Tornadoes strike Oklahoma, as wet weather complicates Election Day; October 2024 was one of the driest months in U.S. history; Late season Tropical Storm Rafael threatens U.S. Gulf Coast; A boatload of positive climate news; PLUS: President Biden allocates $3 billion to upgrade and electrify the nation's ports... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): What’s at stake on Tuesday? The planet; Trump vows anti-regulatory blitz; An angry Spain, still reeling from floods, faces more rain; Trump donor fined for pollution now leading fight to end methane emission penalties; New EV battery reaches 90% charge in 15 minutes; NYC tests a solar-powered school bus microgrid; L.A. County sue Pepsi and Coca-Cola over plastic pollution... PLUS: Fruit farmers of 50 years still at it, with help from wind turbines... and much, MUCH more! ...

Yup. We're back! And we've got lots to begin getting caught up with on today's BradCast. [Audio link to full show follows below this summary.]

Among the many stories reported and discussed on today's program...

• Donald Trump's recent flip-flops on abortion, pandering on IVF and his desecration of Arlington Cemetery for political purposes. (By the way, Dems should embrace Trump's pandering promise to have the Government pay for anyone's fertility treatments. It's the GOP's first baby step toward universal healthcare/Medicare-for-All after all! Sounds great! Hold them to it!)

• More than 10,000 hotel workers celebrated Labor Day by going on strike for better wages and working conditions across the U.S. Kamala Harris and Joe Biden campaigned together, speaking to a packed house of union workers in Pittsburgh on Labor Day, touting the most pro-union, jobs-creating Admin in history and promised to continue it under a Harris-Walz Administration. Trump, apparently unable to find any union workers who wanted to hear from him, stayed home yesterday.

• More than a hundred thousand demonstrators took to the streets in Israel to protest against their far-right Benjamin Netanyahu-led government, demanding a deal for a cease-fire and the release of hostages in Gaza, after six of them were found dead in a tunnel beneath Rafah on Sunday. Twenty-three year old Israeli-American hostage Hersh Goldberg-Polin was among those found dead, just days after his parents spoke at the Democratic National Convention in Chicago, calling for a cease-fire and the release of more than 100 hostages who remain in Hamas custody following their horrific attack on Israel last October. As we have been arguing for months, however --- and as Israeli protesters are noted as mentioning in this Guardian piece --- Prime Minister Netanyahu is unlikely to ever agree to a deal that would effectively end Israel's war on Gaza, because it would also result in the end of his governing coalition. After that, he will have to face corruption charges filed against him from which he is currently immune...as long as he remains Prime Minister. If all of that sounds like a deal that Donald Trump hopes to win for himself in November, you are right. Tune in for much more on all of this today.

• Meanwhile, on Tuesday, Russia launched another deadly, long-range missile assault on Ukraine, this time on a military academy and nearby hospital. More than 50 were killed, more than 200 wounded. That as Ukraine has finally taken possession of land inside Russia's Kursk region, including some 500 square miles along the Ukrainian border, and continues to plead with the U.S. and Europe to send weapons to help them defend themselves against the two-and-half-year onslaught by its imperialistic Russian neighbor.

• Massachusetts is holding its Congressional and state legislative primaries today, just days after its Secretary of the Commonwealth William Galvin warned residents in the state about scam text messages being sent to some voters, falsely telling them that they are ineligible to vote. It is just one of the many dirty tricks we will be seeing between now and Election Day, the period of time that I am calling PHASE 1 of this year's general elections.

• And, speaking of, Labor Day is a good moment to mark where things are in the horse race toward Election Day, following the unprecedented plot-twist of the last 6 weeks following Kamala Harris taking over at the top of the ticket. She has surged in the polling averages against Donald Trump --- particularly in the seven critical battleground states --- since then. But, she remains just barely ahead of Trump in the states she most needs to win. Her slim lead nationally and in the most critical battleground states she would need to get to 270 electoral votes, in a system that advantages Republicans, has resulted in, as Politico colorfully describes it today, "the equivalent of a knife fight in a phone booth."

• Finally, Desi Doyen joins us today to begin catching up on much that we missed in climate and environmental news after being off just one week, including the role of climate action in the 2024 contest; new data on deadly extreme heat in the U.S.; China meeting its renewable electricity targets six years early; and the Klamath River, now finally running free again along the California/Oregon border after being dammed up for more than 100 years!...

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IN TODAY'S RADIO REPORT: While we were out --- Catching up on climate and energy in the 2024 presidential race; Canada's wildfires last year emitted more carbon than India, new study finds; Extreme heat killed a record number of Americans in 2023; China hit its renewable electricity target six years early; PLUS: The mighty Klamath River is flowing freely for the first time in more than a century... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): You just lived through the most humid summer on record; Why is climate change causing ‘record-shattering’ extreme heat?; PFAS chemicals from sewage sludge fertilizer may be poisoning America's land; Carbon credits: how one company went off the rails; PA will monitor East Palestine water wells after train derailment; COP29: countries still far apart on financing... PLUS: Pope Francis says Earth is 'sick' in new climate change warning... and much, MUCH more! ...

It's our last BradCast before time off for travel over the holiday next week. Unlike years past, it looks like SCOTUS will be late in releasing all of their opinions for this term before its normal end this week, so we won't be here to comment immediately on some of the biggest decisions (or on tonight's Presidential Debate) until after our return. But we've got plenty to cover from the corrupted rightwing Court already this week, including with a guest today who suggests the analysis by many legal experts on yesterday's ruling striking down yet another part of federal public corruption law has been somewhat misleading. [Audio link to full show follows this summary.]

Among the big SCOTUS decisions still to come, is a case regarding the "Chevron Doctrine" which, for decades, has given legal deference to federal agency experts over judges or corporate challengers, when it comes to the interpretation of federal laws through rules and regulations promulgated by those federal agencies. That could all be about to change, with enormous consequences first for the EPA, but also across the entirety of the federal government --- or, the so-called "Administrative State" as rightwingers have taken to deriding it. We explain the doctrine and some remarkable ironies behind the Court's upcoming ruling, whatever it may be, today.

But the corrupted, stolen and packed rightwing Supreme Court did manage to issue several rulings today. Among them....

• The Court rejected a multi-billion dollar nationwide opioid settlement with OxyContin maker Purdue Pharma and its owners, the Sackler family.
• In a clear win for corporate interests, they gutted the SEC's ability to carry out in-house proceedings on civil fraud complaints, requiring federal jury trials instead in an opinion likely to have far-reaching effects on other regulatory agencies as well.
• SCOTUS also kicked a Presidential election year hot potato down the road for another day by allowing Idaho hospitals, for now, to perform emergency abortions under federal law, even though the procedure is barred under state law.
• And, as we also discuss with Desi, the High Court blocked, for now, to the EPA's "Good Neighbor" rule which limited air pollution from power plants and other facilities that pollute downwind states. While the regulation has already substantially lowered pollution --- and saved lives --- in the states where it is in place, the Court prevented the EPA from enforcing it until after lower court challenges by largely Republican-controlled states and several industries are completed.

NEXT... On yesterday's show we critically covered the Wednesday SCOTUS ruling in Snyder v. U.S. [PDF], an opinion which overturned the conviction and 21-month prison sentence of an Indiana Mayor who received a $13,000 check from a company just two weeks after his city had granted them a contract worth more than a million dollars. The Court's rightwingers determined that the federal statute in question only applies to out-and-out bribery cases, where a quid pro quo was agreed upon before a public action. After-the-fact "gratuities", the Court's six Republican-appointees ruled, are apparently just fine. Or, at least, not unlawful under their reading of the federal statute in question.

While many legal analysts and experts have derided the ruling since it was issued on Wednesday, our guest today, RANDALL D. ELIASON, former chief of the Fraud and Public Corruption Section at the U.S. Attorney's Office in D.C., now a white-collar criminal law professor at George Washington University Law School, had a different take that he posted to Twitter yesterday: "I have no problem with the Snyder decision, that 18 USC §666 covers only bribes and not gratuities. I think that makes sense."

Really? Why? Today Eliason joins us to explain why the law --- which, as Justice Ketanji Brown Jackson notes in her dissent with the Court's other liberals, "imposes federal criminal penalties on agents of those entities who 'corruptly' solicit, accept, or agree to accept payments 'intending to be influenced or rewarded'" --- can arguably be interpreted as applying onlyto before-the-fact bribes, as opposed to after-the-fact "gratuities", as they are described by the Court's majority.

"I'm not happy about the outcome," Eliason concedes today. "You're right that there's been a pattern of decisions over the last more than a decade narrowing public corruption laws, and I've been critical of a lot of them. And I've been on your program being critical of a number of them in the past."

"So I'm not happy about the outcome. But I don't think the majority is being unreasonable in this particular decision. Because what this decision is about is not whether the conduct of the Mayor is a good thing, or whether it should be prohibited. It's just about the language in this particular criminal statute that Congress drafted. And it's really a badly drafted statute. It's poorly written. It's confusing. And even though the lower court in this case had upheld his conviction, several other federal courts of appeals had said the same thing, that this law does not apply to gratuities, and agreed with Snyder."

He explains that there is "a real legal distinction between a bribery and a gratuity", and that other federal statutes prohibit them both. But in this case, §666 is less than perfectly clear. And, when there is a "tie" in legal interpretation, the tie is supposed to go to the defendant who, the Court noted, can still be held accountable for accepting a gratuity under state and local laws.

"You see a lot of headlines in the wake of this decision: 'Supreme Court says bribery is okay.' No, the whole point was it wasn't bribery. It was a gratuity, which is something far less serious. And the issue was does this particular statute cover this kind of gratuity? The answer is no. I think, based on the way that statute is written, it's a reasonable outcome."

While I'm not sure I fully agree --- and even he notes that Justice Jackson makes several good arguments in her dissent --- Eliason's expertise and insight into the laws in question shed welcome light on this otherwise seemingly corrupt ruling.

On a related note, we also discuss how all of this might apply to the arguable millions of dollars in "gratuities" that members of SCOTUS, like Clarence Thomas, have accepted over the years and whether that might play into the Court majority's opinion. And how Congress, had they not become completely dysfunctional in recent years, could easily clarify this issue through simple legislation.

On one other matter before we finish our conversation with Eliason today, he offers his thoughts on SCOTUS' upcoming Fischer decision regarding whether the statute used to charge hundreds of January 6 defendants --- including Donald Trump --- with "obstruction of an official proceeding" may be struck down by the Court. Eliason is "pessimistic" about what is likely to happen, though believes that even if the Court strikes it down for use against many of those charged for the J6 insurrection, that "there's a good chance that the charges against Trump would still survive."

FINALLY... Before we disappear for the next week, Desi Doyen joins us for our latest 'Green News Report', with more thoughts on the imperiled Chevron Deference Doctrine; Climate disaster upon climate disaster this week for a New Mexico town; and some very good news indeed for President Biden's job-creating climate law...

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IN TODAY'S RADIO REPORT: New Mexico town grapples with cascading consequences of simultaneous weather disasters; Environmentalists on edge awaiting critical US Supreme Court ruling; PLUS: Good news! Biden's climate law has created more than 300,000 clean energy jobs... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Environmental rulings to watch at the Supreme Court; Summer heat brings new misery to Palestinians in Israel's war on Gaza; We've been accidentally cooling the planet - and it's about to stop; Rising sea levels will disrupt millions of Americans' lives by 2050, study finds; Second wave of devastating floods hits Bangladesh in less than a month; Next-generation geothermal will soon power Southern California's grid; Trump says clean energy is a scam, and that could benefit China... PLUS: Scientists found another way we're exposed to 'forever chemicals': Through our skin... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: In parts of the U.S., air conditioning can't keep up with extreme heat, and a big one is coming over the next week; Record rain triggers flash flooding from Sarasota to Spain to China; New York passes law requiring oil companies to pay for climate change damages; PLUS: Renewable energy in the U.S. has delivered $250 billion in health benefits... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Amid record-breaking heat wave, researchers step up warnings about risks extreme temperatures pose to children; Dangerous heat wave tests Puerto Ricans’ ability to survive the latest power outages; Biofuel refineries are releasing toxic air pollutants in the US farm communities; Air in Louisiana’s ‘Cancer Alley’ likely more toxic than previously thought; How Biden beat the clock on big environmental regulations; The 'one simple trick' Paris used to reduce air pollution 40% ahead of Olympics... PLUS: Reported birth of rare white buffalo calf in Yellowstone park fulfills Lakota prophecy... and much, MUCH more! ...

"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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IN TODAY'S RADIO REPORT: May 2024 was the hottest May ever recorded globally; Earth just saw 12 straight months of unprecedented heat; Heat deaths in the U.S. hit a new record in 2023; The world's largest solar farm is now online --- in China; PLUS: The U.N. Secretary-General has a message for the world... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Big Auto and the death of traffic congestion reform; Misinformation poses a bigger threat to democracy than you might think; U.N. weather agency explains why it is "climate crunch time" after the hottest 12 consecutive months on record; Phoenix using ice immersion to treat heatstroke victims as Southwest bakes in triple digits; Sweden to ban bottom trawling in its waters; After Tesla, the surprising next best-selling electric vehicle in America is this electric bike... PLUS: Clean energy saves farms in bad years... and much, MUCH more! ...

It's received almost zero attention or notice, but the Republican appointees to the Federal Election Commission on Thursday tried to overturn a bedrock principle of American democracy: transparency of contributions and the identities of donors to political campaigns. The move caught us here at The BradCast by surprise, but we feel slightly better after hearing that our guest today, one of the nation's foremost experts on campaign finance, also just learned about this unprecedented effort. [Audio link to full show follows this summary.]

BUT FIRST UP... Two unusual rulings from the packed, stolen and corrupted U.S. Supreme Court. Unusual for several reasons. One, because both oppose rightwing advocacy. Two, because a majority of rightwingers on the Court voted in favor of both of them. And three, because the Court's liberals voted in a bloc against one of them! We try to make sense of all of that for you today in each of the two rulings.

One came late on Wednesday, when the Court invoked the so-called Purcell Principle, which prevents changes to election rules, laws and district maps too close to an election, theoretically in order to avoid confusion by voters or election administrators. But this principle is opportunistically invoked by the rightwing Court when they feel like it --- even it means allowing, for example, the use of a U.S. House District map that has been found unconstitutional by the courts --- and ignored when they don't.

Their unsigned shadow-docket ruling [PDF] on Wednesday, however, invoked Purcell to allow a U.S. House District map that was newly approved by Louisiana's GOP-controlled legislature. It adds a second Black-majority voting district in the state after its previous map was found to be in violation of the Voting Rights Act following a years-long legal fight. But after the new map was approved by the state earlier this year, a group of self-described "non-Black voters" sued, claiming the new map was an unlawful racial gerrymander. A 3-judge panel on the 5th Circuit agreed and ordered a new new map. That is the order that was blocked on Wednesday by SCOTUS, allowing the second Black-majority district to stand as is, at least for 2024, even as the Court's liberal Justices, to the surprise of many, voted in against the rightwing majority. If you're confused as to why, tune in! We explain all!

The other unusual SCOTUS ruling came today, via a 7 to 2 majority opinion [PDF] written by Justice Clarence Thomas(!) and opposed only by fellow rightwing Justices Sam Alito and Neil Gorsuch. The majority opinion rejected an effort by the sleazy payday lending industry to kill the federal Consumer Financial Protection Bureau (CFPB).

The CFPB was the brainchild of Elizabeth Warren during the Obama Administration, before she became a U.S. Senator. It was created on the heels of the subprime mortgage crisis that led to the Great Recession. To avoid industry influence on funding of the federal government's only consumer-oriented agency, it was housed inside of the Federal Reserve and allowed to draw up to $600 million per year for its budget, rather than go through the Congressional appropriations process each year. The payday lender group filed suit to argue the CFPB's funding mechanism ran afoul of the Constitution's Appropriations Clause and, therefore, all of the CFPB's actions since its 2010 founding, including billions of dollars in fines leveed against their industry, must all be rolled back and the agency dissolved.

Thomas, the Court's liberals, and three more of its Republican appointees flatly rejected the lender's case. They held that, though its funding mechanism is somewhat outside the norm, Congress may still change the way it is funded at any time. Also, as the majority opinion notes, there have been other agencies, such as the Customs Service and USPS, which have had similar, non-annual standing appropriations since the founding of the country.

NEXT... On Thursday, the Federal Election Commission (FEC) held an historic vote on a new rule to allow campaign donors to remain anonymous if they claimed that allowing their identities to become public would lead to harassment. The Federal Election Campaign Act (FECA) already allows some very rare exceptions for members of groups who are shown to have been historically harassed by the U.S. Government itself. Beyond that, however, allowing for campaign donors to remain anonymous challenges the very basis of our system of open, transparent, democratic elections.

We're joined today by CRAIG HOLMAN, longtime government affairs and ethics lobbyist at the non-profit watchdog Public Citizen. He is helping to lead the fight against this startling effort headed up by Trump-appointed FEC Commissioner Alan Dickerson.

The new rule "cuts into the very fabric of a functional democratic society," argues Public Citizen in its public comment against the rule. They note it would "vastly expand the donor [disclosure] exemption far beyond its original purpose, would undermine effective disclosure of the sources of political spending, deprive voters of critical election information, swamp the FEC under a wave of new paperwork, and runs contrary to the core mission of the agency." Other than that, it's great!

"What I really find astounding is that people of all partisan persuasions, Democrats and Republicans, have always believed in disclosure," Holman tells me today. "That's the one pillar of campaign finance law that no one has really come out against. The Republicans may come out against contribution limits, regulation of money in politics, but they always say to have transparency so we know where the money is coming from. This is the very first time that the FEC has encroached upon that principle."

The good(ish) news for now, is that he reports the Commission deadlocked, in a three-to-three vote along partisan lines today. That kills it for the moment. Though, in a second vote today, Holman says they agreed to ask the FEC's General Counsel to study the matter and report back in 75 days. That, he says, is likely to result in a second attempt by Dickerson later this year. Holman says he knows Dickerson to be a "hardcore deregulation" supporter. But "this is the first time the FEC has addressed the actual issue: 'Should we just get rid of disclosure altogether?'"

"Fortunately the FEC deadlocked," Holman says. But "that means three Republicans were saying 'Yes, let's get rid of disclosure!' That's frightening. We only defeated this resolution by a deadlock vote."

Holman has much more on "how absurd" Dickerson's proposal is, and the fact that "it caught us all by surprise." He also fills us in on a petition that he has filed for a new FEC rule that will be voted on next month regarding mandatory disclosure by campaigns when they use deepfake audio and video, created by Artificial Intelligence, to mislead voters.

FINALLY... Desi Doyen joins us for our latest Green News Report, as wildfires continue to explode in Canada; Broadcast media continues to ignore Donald Trump's billion-dollar quid pro quo proposal to Big Oil donors; and Joe Biden takes on China regarding the sale of electric vehicles and solar panels in the U.S...

[NOTE: The BradCast will be off at the beginning of next week due to a family funeral. We'll be back soon!]

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IN TODAY'S RADIO REPORT: Canada wildfires expand, threaten oil industry town of Fort McMurray, again; Climate change made extreme heat in Asia significantly worse; PLUS: Broadcast media ignored Donald Trump's blatant, billion-dollar quid pro quo offer to Big Oil... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): DeSantis signs law deleting climate change from Florida policy; A Trump win puts $1 Trillion in US energy investments at risk; How Alabama turned to restrictive deed covenants to ward off flooding claims from black residents; Oakland is now first in the US to have a 100% electric school bus fleet - and it's V2G; Impunity and pollution abound in DRC mining of critical minerals; Persistent Brazil floods raise specter of climate migration... PLUS: Don't fall for 'climate-friendly' beef... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Extreme heat and storms grip Asia; New study reveals the 56 major brands responsible for half of global plastic pollution; Negotiations for international plastic pollution treaty end with no limit on production; PLUS: Congressional probe finds Big Oil still trying to deceive the public about the impacts of climate change... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): A bit closer to holding Big Oil accountable; Asia's relentless heat wave is a warning; Increasingly frequent ocean heat waves trigger mass die-offs of sea life; Biden to expand 2 national monuments; Congress needs to stop trying to revive Yucca Mountain; Florida says no to federal funding aimed at greenhouse gas emissions; Minnesota's biggest solar project will help replace a huge coal plant; California's reneable energy roll rolls on... PLUS: Video: Inside the Icelandic plant turning CO2 into rocks ... and much, MUCH more! ...

Lots (and lots) of news on today's BradCast, from Israel to TikTok foolishness to lots (and lots) of Trump accountability news. [Audio link to full show follows below this summary.]

Among our lead stories today...

• Senate Majority Leader Chuck Schumer, an ardent, longtime supporter of Israel, called on Israel's Prime Minister Benjamin Netanyahu to hold new elections. New York's Schumer, a Jew who happens to come from NYC, which has the world's largest Jewish population, cited the far-right Prime Minister as an obstacle to peace who is turning Israel into the world's "pariah". In a 40-minute floor speech, the Senate's top Democrat charged that the unpopular Netanyahu, who is avoiding facing felony charges while remaining in office and avoiding a new election until his war against Hamas in Gaza is over (which it will never be, as long as these are the stakes), "has lost his way by allowing his political survival to take precedence over the best interests of Israel." This is a very big deal in a whole bunch of ways. We discuss some of them today.

• There has been a bipartisan push this week to adopt a bill that would result in the banning of the TikTok app in the U.S. if the company which owns it does not divest from China. Donald Trump, who, as President, issued a failed Executive Order to ban the popular social media video app (it was blocked by the Courts for violating First Amendment free speech rights) has recently flip-flopped to support the app, after meeting with a billionaire hedge fund manager heavily invested in the company. But, despite the popularity of the bill which has now passed in the House, we discuss why it is a terrible idea. Social media regulations are long overdue. But the menace of China's (theoretical) ownership of TikTok is no worse than Elon Musk's actual ownership of Twitter/X. And, in case Democrats failed to notice today, Trump's former Treasury Secretary, Steven Mnuchin, announced that he is trying to bring together an investor group to purchase the company. Still think this is a good idea, Dems?

• The UK's Guardian, in an excellent piece today, details the Trump business associates who prosecutors say paid Alexander Smirnov $600,000 in 2020, the year that Smirnov, now charged with lying to the FBI, fed them false claims that Joe Biden accepted bribes from the Ukrainian energy company named Burisma. Prosecutors have also charged that Smirnov met with Russian Intelligence officials before passing on the lie to the FBI, which House Republicans cited at the center of their doomed impeachment probe of the President. So, Smirnov passed on disinformation from Russian intelligence to the FBI and was paid by longtime business associates in the U.S., UK and Dubai of the then-President who was running for re-election that year. And, after losing the election, those lies were used to try and impeach the guy who defeated him. This movie keeps getting worse and worse.

In Trump accountability news today (there is lots of that as well)...

• U.S. District Court Judge Aileen Cannon, appointed by Trump after he lost the election, but before he left the White House, rejected a Team Trump motion, for a happy change, in the case of the highly classified documents he stole when leaving the White House, and then hid from prosecutors seeking to get them back. Cannon turned down his attempt to dismiss the felony charges based on his claim that the Espionage Act he is charged under is too vague.

• Meanwhile, the one criminal case that Trump is facing which had not yet been derailed by Trump's various delay tactics --- his New York state hush-money case --- may now be delayed following a tranche of thousands of documents from a previous federal investigation recently turned over to Manhattan prosecutors. We explain what happened here and why the NY D.A.'s office cites the defendants actions for this surprise revelation. Prosecutors have agreed to a 30-day delay before the start of the trial, which was previously scheduled to begin on March 25. The judge overseeing the case, however, Judge Juan Merchan, has yet to decide how much, if any, delay he will allow.

• Trump's former White House trade advisor, and one of his top 2020 "voter fraud" fraudsters, Peter Navarro must report to federal prison in Miami next Tuesday, according to a federal appeals court panel today. Navarro was charged with criminal contempt of Congress for refusing to answer subpoenas from the House January 6 Committee. Like former Trump advisor Steve Bannon, who has managed to remain free pending appeal, Navarro was sentenced to four months for his crimes.

• And, in a bit of Trump accountability news that appears to have slipped through the cracks, last week, a judge in the UK ordered Trump to pay some $382,000 in attorneys fees to the lawyers of former British spy Christopher Steele and his private intelligence company. Trump had filed sued in the UK, charging that the "shocking and scandalous" allegations in the so-called Steele Dossier had harmed his reputation. (Please hold your laughter.) The British judge determined the claims were "bound to fail" and ordered Trump to cough up legal fees to cover the frivolous suit. In 2022, Trump lost a similar case he filed in Florida against Steele, Hillary Clinton and a number of top former FBI officials. That case was also tossed and he was ordered to pay nearly a million dollars for that fiasco. I guess he's still not tired of winning.

• Finally, Desi Doyen joins us for our latest Green News Report with cruel news out of Ron DeSantis' Florida; disturbing news about the fossil fuel industry's continuing methane leaks; terrifying news about GOP plans if Trump retakes the White House; and sad news for California salmon...

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IN TODAY'S RADIO REPORT: U.S. Supreme Court hears challenge to EPA's landmark 'Good Neighbor' pollution rule; Bizarre winter heat wave hits Japan; New study finds near-universal global public support for climate action; PLUS: Biden Administration unveils billions in new funding to clean up the nation's drinking water... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Record US renewable energy investment not enough to meet climate goals - report; Chicago sues 5 oil companies, accusing them of climate change destruction, fraud; More meteorologists sounding hurricane alarm; Electric cars are driving China toward the end of the Age of Oil; UK to quit energy treaty that ‘penalizes’ net zero; Dead livestock and poisoned water — Texas farmers sue over PFAS pollution... PLUS: The Haves and Have Nots: Clean energy an economic engine in rural America, but not for NIMBYs... and much, MUCH more! ...

Be sure to put on your mud boots for today's BradCast. You're gonna need 'em. [Audio link to full show follows this summary.]

Among the many stories covered on today's program...

• American Presidential Primaries and Caucuses were always confusing for voters. This year, they are even more so. That, however, suits Donald Trump just fine in advance of next week's Nevada Primary (on Feb. 6) and Caucuses (on Feb. 8 ), which have been rigged by Team Trump to assure he cannot lose a single delegate to Nikki Haley, his last remaining challenger for the 2024 GOP Presidential nomination.

• The day after the New Hampshire Primary last week, Trump supported an RNC executive resolution to officially declare him to be party's "presumptive 2024 nominee for the office of President of the United States." That, after nominating contests in only two states (Iowa and NH) where he won just 32 of the 1,215 delegates needed to clinch the nomination. Two days later (perhaps after receiving some sage legal advice) the desperate former President came out against the resolution, so the RNC promptly killed it. We what actually appears to have happened.

• Well-respected and very conservative former U.S. Court of Appeals Judge Michael Luttig filed an amicus (friend-of-the-court) brief [PDF] with the U.S. Supreme Court on Monday, arguing that the Justices must adhere to the "textualist" approach that rightwingers on the High Court have claimed to follow in recent years, as they weigh whether Donald Trump is eligible for the 2024 ballot under the U.S. Constitution's "Insurrectionist Disqualification Clause." Trump has "disqualified himself" for the office of President under Section 3 of the 14th Amendment, Judge Luttig and others argue in the brief, after having "engaged in insurrection" on January 6, 2021, when he "sought to prevent the vesting of the authority and functions of the Presidency in the newly-elected President." That, the brief contends, may be even worse than when South Carolina seceded from the Union on December 20, 1860 to "prevent the newly-elected President Lincoln from governing only in that State." The Justices must not construct an artificial "off-ramp" to avoid their Constitutional mandate, the brief asserts. The matter will be heard by SCOTUS on Thursday next week.

• Disgraced former Trump White House advisor and campaign Chair turned podcaster and con-artist, Steve Bannon, may be in more trouble than you know. He has already been convicted and sentenced to four months in federal prison for Contempt of Congress for his refusal to answer subpoenas from the House Select Committee investigating January 6. While free on appeal, he has also been charged by New York state for massive fraud in the "We Build the Wall" campaign which siphoned millions from duped Trump supporters. And now his former attorney in that case is gunning for Bannon's bank accounts after he was found to owe the law firm nearly half a million dollars in unpaid legal fees. Bannon's latest attempt to block his banks from turning over documents to the firm claims that doing so "poses a significant risk of compromising Mr. Bannon’s Fifth Amendment right against self-incrimination." Sad!

• BREAKING DURING SHOW: A Delaware court judge has voided Tesla CEO Elon Musk's nearly $56 billion compensation package, ruling it was unlawfully dictated by Musk himself to a non-independent Board of Directors in sham negotiations. Also sad!

• Finally, Desi Doyen joins us for our latest Green News Report, as President Biden puts a pause on approvals for new Liquified Natural Gas (LNG) export terminals; new reports find Canada tar sands are up to 6000% more toxic than previously known and that climate change made Brazil's Amazon rainforest draught 30 times more likely; and China, as it turns out, built more new solar power in 2023 alone than the U.S. has in its entire history...

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