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Latest Featured Reports | Tuesday, October 4, 2022
'Green News Report' 10/4/22
  w/ Brad & Desi
Ian's catastrophic damage, death toll; FL climate resilience community passes Ian's test; Biden vows timely, full aid to P.R. after Fiona; PLUS: SCOTUS threatens clean water...
Recent GNRs: 9/29/22 - 9/27/22 - Archives...
New Bill Would Bar Congressmembers, Family from Trading Stocks: 'BradCast' 10/3/22
Guest: Craig Holman; Also: Ian's death toll; Biden in P.R.; Putin's failures; Brazil's lessons...
Sunday 'Think About It' Toons
There's plenty to ponder in PDiddie's latest collection of the week's best political toons...
High Cost of Climate Denial and Collapse of FL's Insurance Industry: 'BradCast' 9/30/22
Guest: Thomas Frank of E&E News; Also: DeSantis suddenly supports federal aid; Big Oil exposed (again) lying about climate change...
Keeping Up With Ian and Trump's GOP Fraudsters: 'BradCast' 9/29/22
Guest: Nicole Sandler from FL; Also: Election tampering charges in MI; Bad days in court for Powell, Dobbs, Fox 'News'; Trump's corrupt MAL judge strikes again...
'Green News Report' 9/29/22
  w/ Brad & Desi
Ian smashes records, pummels FL; Manchin's permitting bill collapses; New probe for PG&E; PLUS: Mysteriioius breaches on Russian pipelines to Europe...
Recent GNRs: 9/27/22 - 9/22/22 - Archives...
KS Abortion Referendum Data Suggest Women Being Under-Counted in Midterm Polling: 'BradCast' 9/28/22
Guest: Tom Bonier of TargetSmart; Also: Hurricane Ian storms ashore in FL...
Critical Elections, Catastrophic Storm Bear Down: 'BradCast' 9/27/22
Poll workers needed!; Ian closing in on FL; Scofflaw TX A.G. flees process server; Congress nears Electoral Count Act update; Listener mail...
'Green News Report' 9/27/22
Ian takes aim at FL; Fiona broke records in Canada; Noru pummels Philippines; Winter fuel prices soar; PLUS: Island nations call for fossil fuel non-proliferation treaty at U.N.
'Gold Standard' SCOTUS Poll Finds Majority of Americans Support Expansion of High Court: 'BradCast' 9/26/22
Also: Disinformationists; Fascism rising; Hurricane Ian threatens FL; Callers ring in...
Sunday 'Heavy Traffic' Toons
Be sure to check PDiddie's latest collection of the week's best toons before crossing state borders. You're welcome!...
Trump, Lindell, Ginni Thomas --- Geniuses All!: 'BradCast' 9/22/22
GOP election conspiracists have bad lawyers; Also: Garland's moving (and telling) remarks at swearing-in of new American citizens...
'Green News Report' 9/22/22
U.N. Sec-Gen wants fossil fuel industry to pay up; New plastics initiative; P.R. still lacking power and clean water; PLUS: Senate approves first climate treaty in decades...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Guest: Activist, author Kenny Bruno on 'DEFCON for Democracy'; Also: Fourth student dies after MI high school gun massacre...
By Brad Friedman on 12/1/2021 5:51pm PT  

On today's BradCast: It's a grim day in America. But it's one that every American should be paying very close attention to nonetheless. [Audio link to full show posted at the end of this summary.]

First up today, a fourth student, a 17-year old, has died following Tuesday's mass shooting by a 15-year old at Oxford High School in Michigan. The other three victims who were killed, as well as seven other students who remained in the hospital overnight after being shot, were all aged 14 to 17. The shooter used his father's new semi-automatic pistol purchased just last Friday to carry out the massacre. There were still seven more bullets in the weapon when he surrendered to authorities. But, that's "freedom" for ya in 2021 America, apparently.

On Wednesday morning, the Republicans' stolen and packed 6 to 3 U.S. Supreme Court majority met to consider removing the previously long-settled freedom for a woman to determine her own reproductive rights in all 50 states. The case heard at SCOTUS was Dobbs v. Jackson Women’s Health Organization, the last remaining abortion clinic in the state of Mississippi, where legislators have adopted a law that would ban all abortions in the state after 15 weeks of pregnancy. The measure was overturned in lower courts after being found a clear violation of the nearly 50-year old Roe v. Wade precedent set in 1973 and reaffirmed as settled law in 1992's Planned Parenthood v. Casey.

When MS filed their initial appeal at the Supreme Court they sought approval for their then-radical 15-week ban. It was only after last year's death of abortion rights champion, Justice Ruth Bader Ginsberg, and her subsequent replacement on the Court by the far-right Amy Coney Barret just eight days before the 2020 Presidential election, that the state decided to also ask the court to strike down Roe in its entirety.

Little, if anything, has changed legally since 1992 regarding the reproductive rights Constitutionally guaranteed by Roe and reaffirmed by Casey. But the make-up of the High Court itself has changed radically. Its majority has been stolen by Republicans who cancelled the filibuster in the Senate in order to pack three, hard-right Donald Trump appointees onto it. That fact, made clear by MS legislators themselves, led Justice Sonia Sotomayor to aptly ask the state's Republican Attorney General today: "Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?"

Good question. Of course, the answer is that those on the political Right don't actually care. As the twice federally indicted Steve Bannon recently noted on his War Room radio show/podcast, Republicans are only interested in "taking over" --- from school boards to the White House --- and whether or not their hardball methods result in "a Constitutional crisis," they really don't care. "We're a big and tough country and we can handle that," he preached to his followers.

To that end, Republican officials across the country are, right now, hoping to break American democracy itself, by installing loyalist Trump party apparatchik in key election administration positions, from precinct judges to county clerks to canvassing boards to Secretaries of State, as Washington Post reported in great detail on Monday. The Plot to Steal the 2024 Election is underway RIGHT NOW. Ignore these warnings at all of our peril.

We're joined today by longtime progressive activist and author KENNY BRUNO who offered a similarly chilling --- and even more direct --- warning at Truthout over the weekend, spelling out how Trump and the GOP have already "laid the groundwork for assuming the U.S. presidency regardless of the result of the 2024 election." He details today how "most of the conditions they would need to execute [their plan] is already in place."

"Often you see it covered, or you see various aspects covered, as if they were disparate things," Bruno explains, "like the treatment of Liz Cheney, the sham audit in Arizona, the repetition of the Big Lie, the new voter suppression laws in 19 states --- covered as if they are disparate things. But the simplest explanation is that they are all part of a plan," he charges, before spelling out exactly how that plan is meant to work between now and the certification of state electors on January 6, 2025.

To "undermine faith in elections" in order to steal a Presidential election, Bruno argues, "you would want radical state legislatures, especially in swing states. You would want a majority of states with a majority of loyal members of Congress. You would want to purge moderate representatives and election officials who might not go along with ending democracy, who might not play ball. You'd want a compliant Supreme Court. You'd want to intimidate the election officials who are left. I could go on...These are things that you need in place. If you look now at Trump and the GOP, most of those boxes are already checked. And they're part of a comprehensive plan."

What --- if anything --- can be done about it? Well, the options in response, as also spelled out by Bruno in his op-ed and on today's program, are not great. But knowing and understanding what is going on is a critical first step. While we have been warning and reporting on this stuff seemingly forever (for example, while the actual attempt to steal the 2020 election was underway in advance of the January 6th attack on the U.S. Capitol), it seems the warnings are not being adequately amplified by either corporate media or Democrats, as Bruno sees it.

He goes on to note that his originally suggested title for his Truthout piece was "DEFCON for Democracy," before the headline was somewhat softened by editors. "I think if you understand the threat to be that severe, then you have to take drastic action. Unless you're talking about it, and preparing people for drastic action, they're not going to understand why it's justified," cautions Bruno. "This is a real threat, it's a real plan. The evidence is that it's being carried out. And if you want to stop it, you might have to take some drastic action."

"I would love to be wrong about the whole thing, to be honest," he concedes. "I think the most important thing at the moment is to talk about it, to call it out. Because if you don't socialize people to the idea that this steal, subversion, gaming of the Electoral College is underway, they won't be ready to accept your actions to defend it."

As noted, it's a grim day and a grim show today, but one that we hope will be well worth your time to listen in full...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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FL blocks Univ. of Florida profs from serving as expert witnesses in lawsuits against the state; SCOTUS may be having second thoughts about TX' unconstitutional anti-abortion law; And more chilling stories of democracy dying before our eyes...
By Brad Friedman on 11/1/2021 6:23pm PT  

The through-line for today's BradCast comes courtesy of Meathead. Actor and director Rob Reiner was arguing, via Twitter over the weekend, that "until Donald Trump is prosecuted for leading a deadly Insurrection to overthrow the Government and Voting Rights are passed," we are witnessing the death of Democracy.

He was much more correct than he may have realized. But the stories we cover today --- only half of those we had hoped to get today, and none of which directly covered the two issues Reiner was referring to --- underscore that theme. If it's not immediately obvious, tune into today's show to find out how.

Among the stories covered, discussed, explained, warned about, expounded and ranted upon on today's program (along with listener calls throughout)...

  • Election Day is Tuesday in states across the country. As discussed last week, democracy itself is on the ballot in New York state. But most attention on Tuesday has been going to Virginia, where Trump-endorsed Gubernatorial candidate Glenn Youngkin has now taken a lead in FiveThirtyEight's pre-election polling average over VA's former Democratic Governor Terry McAuliffe. We explain why history is on Youngkin's side. Perhaps by Wednesday we'll find out if the voters in Virginia are as well, as democracy is not yet dead (hopefully) in some pockets of the nation.
  • In Florida, a simply remarkable and, yes, chilling story. The University of Florida has barred three professors --- each one an expert in democracy and voting rights (two of whom have appeared on The BradCast multiple times over the years) --- from testifying as expert witnesses for the plaintiffs in a challenge to the state's new voter suppression law passed earlier this year. The measure, signed on Fox "News" by Republican Gov. Ron DeSantis, surrounded by Trump supporters and with local media locked out entirely, restricts the use of drop-boxes for absentee ballots, while making it more difficult to obtain Vote-by-Mail ballots and harder to register to vote, among other democracy killing provisions. The university (whose Board of Trustees is headed up by a close DeSantis confidante and major GOP donor) claims that testifying against a state law would represent a conflict of interest for UF. That's an idea that is unheard of, frankly, and would prevent experts in their fields from being able to testify on their expertise in states in which they live and work. The same profs were never prevented from doing so in the past and experts on academic freedom describe this novel notion as unprecedented. A lawsuit seeking the review of documents from DeSantis on this matter, to determine his involvement in the University's decision, was filed on Friday.
  • At the U.S. Supreme Court on Monday, the new "unprecedented" anti-abortion law in Texas, barring the otherwise Constitutionally protected medical procedure after just six weeks of pregnancy, before many women even known they are pregnant, was heard on SCOTUS' rocket docket just two months after they'd allowed it to take effect in the Lone Star State. The matter in question is whether a case filed by abortion providers in the state and another by the U.S. Department of Justice should be allowed to proceed, despite the virtually unquestioned matter of the new state law, S.B. 8, violating Roe v. Wade. The reason the question even arises is because Texas purposely structured the law in a way that hopes to side-step any and all judicial review of the law. That is done by the statute empowering members of the public with a right to file a civil lawsuit against anyone who, in any way, aids a woman in receiving an abortion after six weeks. Under S.B. 8, plaintiffs may even sue an Uber driver who brought a woman to a clinic, for at least $10,000, and the State argues that because they are not enforcing the law, members of the public are doing so, the law cannot be challenged in either federal or state court.

    But even far-right Republican Justice Brett Kavanaugh (and, of course, Justices Sonia Sotomayor and Elena Kagan) was able to put two and two together during today's hearing to realize that if this type of law is allowed to go forward, states could adopt laws that effectively outlawed many other long-settled Constitutional rights, and avoid judicial oversight in the bargain. So, yes, California could adopt a law similar to S.B. 8 that makes owning a gun a civil violation for which anyone in the public could sue a gun owner for, say, a million dollars. Are the Justices on the High Court --- who allowed this law to take effect two months ago, ending almost all abortions for now in TX --- sure they want the nation to go down this path?

  • One of the other several stories we quickly covered of democracy dying today, referenced the newly gerrymandered maps for the four U.S. House seats in Iowa. Last week, after Republicans rejected a new map that would have split the state into two districts that voted for Biden last year and two that voted for Trump, they instead approved a second version of a map in which Trump won all four districts. One expert in redistricting describes the new maps as "a dream Republican map." Yes. That is yet another way in which democracy dies...unless we fight like hell to prevent it from doing so.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Slate legal journalist Mark Joseph Stern; Also: Biden soaring in polls, young voters hopeful again about the future...
By Brad Friedman on 4/23/2021 6:27pm PT  

Today on The BradCast, a very ominous sign from the U.S. Supreme Court. Very. [Audio link to full show is posted below.]

On Thursday, the Court issued a 6 to 3 opinion in Jones v. Mississippi, which shatters years of established Court precedent that had prevented minors from being charged with life in prison without the possibility of parole in all but the most extraordinary circumstances, and where a judge has specifically made a rare finding that the juvenile's "crimes reflect permanent incorrigibility."

But the ruling by the Court this week --- in a case where a boy, Brett Jones, who had turned 15 days earlier, grew up as "the victim of violence and neglect that he was too young to escape," before snapping and killing one of his abusers just after he had abruptly lost access to the medication he took for mental health issues --- is appalling for a host of reasons.

Not only because, at 31 years old, Jones has since become a reformed, model prisoner in every regard (even the widow of his victim has urged the court for his release); Not only for the 6 to 3 majority decision by all 6 Republicans appointed to the stolen and packed Court; Not only for the opinion itself which will consign more than 1,500 others who committed crimes as children to dying in prison; Not only for the fact that this particular opinion was written for the majority by Justice Brett "What I did when I was young doesn't matter" Kavanaugh (of all people!); Not only for the fact that the decision overturns long-standing, painstaking Court precedents developed over several cases throughout the years; Not only for the fact that the majority simply pretend they did not overturn established legal precedent at all; And not only for the fact that Justice Sotomayor was forced to call the majority out for all of that in the starkest, most savage terms on behalf of the minority (charging the majority "is fooling no one" and "distorts [the precedential cases] beyond recognition", even as she specifically quotes Kavanaugh's very own prior statements on the importance of respecting established legal precedent); But, most troublingly, also for what it may portend in the weeks ahead, much less the years ahead, unless Democrats can quickly, at this point, figure out that they better come to their senses and figure out how to reform the U.S. Supreme Court before we see a boatload of similarly long-held precedents in even more disturbing cases, being completely trashed and overturned by this newly emboldened rightwing Court.

We're joined today by the great MARK JOSEPH STERN, our go-to Supreme Court correspondent from Slate, to discuss not only the Jones v. MS case itself, but what we should glean --- and none of it is good --- from how it has just played out before our eyes, now that the stolen majority on the Court has a full three Donald Trump appointees packed onto it.

As the newly emboldened rightwing activist Justices on the U.S. Supreme Court this week merely pretended precedent didn't exist, by essentially adopting dissenting views from the several cases that created the precedents, a newly emboldened rightwing state Supreme Court majority in Florida did something very similar. Stern also reports on that case, concerning a people's ballot initiative on recreational marijuana in the Sunshine State, which also underscores the long GOP Big Lies that they oppose judicial activism or Big Government tyranny.

With those outrages --- and what they portend for an era of rightwing judicial activism this week --- we also discuss the new proposal by Democrats in the House and Senate to expand SCOTUS from 9 Justices to 13, and the "kick-the-can-down-the-road" bipartisan Presidential Commission empaneled by Joe Biden to "study" the idea of reform for both SCOTUS and the federal judiciary as a whole.

Stern closes with a heads up --- a stark warning, in truth --- as to the big decisions still to come from the Court before the session ends in June, on the Affordable Care Act ("ObamaCare"); foster care by same-sex couples; and a clearly unconstitutional new abortion law (also out of Mississippi) in light of Thursday's appalling decision in Jones v. MS, which Stern categorizes as both "barbaric" and "one of the most dishonest and cynical decisions in recent memory."

Finally, in hopes of leaving you with some slightly brighter news after such a foreboding, grim report from SCOTUS and Stern, we've got some encouraging new polling numbers for Joe Biden. But, much more importantly, from young people who, for the first time in many years, and in rather substantial (even record) numbers across all races, are beginning to feel hopeful about the future again, as they see government as an ally on issues of poverty, combating climate change and on health care.

Hopefully none of them tune in for the earlier part of today's program...

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Guest: Legal reporter Mark Joseph Stern on 'Korematsu 2.0' and how the GOP's theft of the Supreme Court has finally paid off big time...
By Brad Friedman on 6/26/2018 6:27pm PT  

On today's BradCast: The U.S. Supreme Court seat stolen by Senate Majority Leader Mitch McConnell and his Senate Republicans --- who carried out the unprecedented blockade of President Obama's SCOTUS nominee Merrick Garland for almost a year following the death of Antonin Scalia --- paid off in spades today in two separate 5 to 4 decisions which should forever have an asterisk next to them in the history books. [Audio link to today's show is posted below.]

First up today, however, primary elections are being held in seven states on Tuesday in New York, Maryland, Utah, Colorado and Oklahoma, with primary runoffs in Mississippi and South Carolina. We'll have noteworthy results and problem reports on tomorrow's BradCast, though we already know of one huge problem in Baltimore. (No, it's not a mere "glitch" or "snafu", Baltimore Sun. It is a failure...at the very least!) On Monday night, it was revealed that Maryland failed to include updated voter registration information for some 80,0000 voters who made changes to their party affiliation or residential addresses since April of 2017. The announcement was made by the state late on the evening before Tuesday's elections, in which those voters were forced to vote on provisional ballots at the polls. Those ballots will be included in the results, but won't be tallied until next week.

Then, we're joined again today by Slate's great legal reporter MARK JOSEPH STERN to discuss both of the U.S. Supreme Court's grim rulings today on Trump's Muslim travel ban and on so-called "crisis pregnancy centers", as well as several decisions from Monday --- all of which, Stern correctly points out, would almost certainly have seen the opposite outcome under Garland instead of Justice Neil Gorsuch who has been the "decisive 5th vote" in each of the cases. "Every single one of the decision that we're talking about right now would have come out differently if Justice Merrick Garland were sitting on the Supreme Court right now instead of Justice Neil Gorsuch. We would have an end to partisan gerrymandering, an end to racial gerrymandering, an end to voter suppression, an end to crisis pregnancy centers' efforts to be lawless and not have to comply with basic medical licensing. The travel ban would be struck down. It's almost brutal to think about how all of these cases would turn out if the man who should be on the Court were on the Court."

Stern details Chief Justice John Roberts' 5 to 4 majority opinion in the travel ban case, in which the Court overturned multiple lower courts to uphold Trump's third attempt at banning immigrants and travelers from several majority Muslim countries. As dissenter Justice Sonia Sotomayor also does, Stern compares the ruling to the notoriously shameful 1944 Supreme Court decision in Korematsu v. U.S., which allowed Japanese-Americans to be forced into internment camps during WWII. Today's ruling is being described as "shameful", “hateful" and "racist" by immigration advocates and religious groups alike. Stern calls the decision --- in which Roberts largely dismisses Trump's oft-repeated statements revealing his personal animus towards Muslims --- as "Korematsu 2.0"

"This Court is not as disturbed and disgusted by Trump's approach to immigration as I think a majority of Americans are," he tells me. "This is a Court that's eager to bless the President's moves in the realm of national security, and to basically believe his pretext, even when it's flagrantly B.S"

Sotomayor argues in her dissent: "By blindly accepting the Government's misguided invitation to sanction a discriminatory policy motivated by animosity toward a disfavored group, all in the name of a superficial claim of national security, the Court redeploys the same dangerous logic underlying Korematsu and merely replaces one gravely wrong decision with another."

Stern also details Justice Clarence Thomas' 5 to 4 majority opinion which, under a pretext of First Amendment free speech rights, strikes down California's restrictions on anti-abortionist scam artists posing as phony medical clinics to hoax pregnant women into not receiving abortions. Thomas, charges Stern, "wrote an astonishingly broad decision that effectively says the government has no power to regulate professional speech, no power to regulate medical speech, or doctors' speech, except when they are telling abortion patients not to get abortions." In all, he says, describing how the Court is also targeting voting rights by reversing multiple lower courts in recent rulings, they are "on a kind of tear right now, overturning court after court" and/or using any "flimsy reason to send a case back down" for rehearing.

Yes, elections matter, if you haven't noticed. In the case of the 2016 election, the result will now haunt the U.S. for generations.

Finally today, we're joined by Desi Doyen with the latest Green News Report on the climate changed-fueled flooding in Iowa that resulted in an oil train derailment and hundreds of thousands of gallons of dirty tar sands crude spilled into the drinking water supplies, and other such cheerful news to close out today's program...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Brennan Center's Alicia Bannon | PLUS: More emails, more racism, more lies, more wingnuttery...
By Brad Friedman on 10/28/2016 5:54pm PT  

On today's BradCast: While the national media is obsessed with Trump, a record amount of dark money from undisclosed corporate sources is being spent on judicial elections at state Supreme Courts. Also: A whole lotta other breaking news today, from a new development in the Hillary Clinton email probe, to some white, armed hooligan wingnuts getting off the hook for an armed federal takeover, to one U.S. Senator likely killing his own re-election chances during a debate last night. [Audio link to complete show posted below.]

On today's interview, Alicia Bannon, Senior Counsel at the Brennan Center's Democracy Program, joins us to explain the flood of outside spending from corporate, dark money sources now pouring in to state Supreme Court elections around the country, as detailed in her new analysis published this week. We also discuss the disturbingly increasing politicization of judicial elections and why it is that judges are selected by elections at all in some 38 states.

"Around the country, we've been seeing these elections become higher cost, more politicized, and attracting a lot of special interest attention," she tells me. And that's worrying, because, among other reasons, "a judge needs to be deciding cases based on their understanding of what the law requires and the facts that are in front of them, and not out of fears of what that's going to mean for fundraising in the next election cycle, or what's going to be the subject of their next attack ad."

While judicial elections "were actually a reform measure," when originally introduced in the 19th century because "there was a concern that those judges were too closely aligned with the political branches," Bannon explains, in the wake of Citizens United and other measures that have increased the flow of money into politics, judicial elections, "are putting even more pressure on judges because of the money involved and the conflicts of interest that get created."

We go on to discuss a number of such judicial conflicts of interests, from the remarkable case of the state Supreme Court in Wisconsin to the election that will determine the balance of the Supreme Court in North Carolina next week, to the judicial campaign being funded in no small part by fossil fuel interests in Louisiana, where the same corporate funders are facing legacy environmental cases to be decided by the very same court.

Bannon, who also clerked for Sondra Sotomayor when she was an appellate judge on the U.S. 2nd Circuit Court of Appeals, also shares a bit of personal insight on the U.S. Supreme Court Justice.

Also today: The FBI notifies the U.S. Senate that they have found some additional emails in a separate investigation that may relate to their probe of Hillary Clinton's email server and the cable "news" industry predictably freaks out; The Bundy Brothers are acquitted at trial, for some reason, after their six-week armed takeover of a federal wildlife facility in Oregon earlier this year; Donald Trump fails to put up the $100 million he had promised to his own campaign; and Illinois Sen. Mark Kirk (R) offers an outrageously obnoxious racial slur during a debate with his opponent, double-amputee Iraq War veteran Rep. Tammy Duckworth (D)...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Will religious rights now also be extended to fictional 'persons'?
By Ernest A. Canning on 12/3/2013 8:26pm PT  

The Affordable Care Act (ACA, or "Obamacare") mandates that preventive care under group health insurance plans include a "full range" of FDA-approved "contraceptive methods". That requirement has resulted in two cases now pending before the U.S. Supreme Court which may result in "religious rights" being extended to so-called "corporate persons".

The cases are brought by two different for-profit corporations, each arguing that the mandate violates the corporate employer's rights under the Religious Freedom Restoration Act of 1993 (RFRA) and the Free Exercise Clause of the First Amendment to the U.S. Constitution. Neither of the cases involve non-profit religious institutions, which are exempt from the ACA's contraceptive mandate.

The RFRA, which was signed into law by President Bill Clinton in 1993, requires that an otherwise neutral government action "not substantially burden a person's exercise of religion" absent a compelling governmental interest.

The government, in its Supreme Court petition [PDF], argues that the "contraceptive coverage" mandate does not "substantially burden" an employer's free exercise of religion. (More on that particularly point in a subsequent article on this.) But while additionally urging that the contraceptive coverage mandate is based upon a compelling government interest, the government sets forth a number of significant ACA benefits that have been obscured by the fog of the unrelenting right wing, anti-Obamacare propaganda war. The critical threshold issue that must be met in these cases, before any of those additional issues need be reached, entails the validity and/or scope of the controversial concept of "corporate personhood".

Will the religious rights of actual persons now be extended to fictional corporate "persons"? That is one of the key issues that will now be decided by the same U.S. Supreme Court which handed down the now infamous Citizens United case...

--- Click here for REST OF STORY!... ---




Nullification of $21m judgment shields generic pharmaceutical manufacturers from liability for unreasonably dangerous drugs...
By Ernest A. Canning on 7/15/2013 7:35am PT  

Amidst the understandable sound and fury of the U.S. Supreme Court's recent decisions on marriage equality and their activist zeal to gut the Voting Rights Act in their determination to legislate from the bench that which is specifically mandated by the Constitution to be legislated by Congress, a number of their other end-of-term decisions managed to fly largely beneath the radar.

One of those decisions came late last month when the five right-wing members of the Court ruled that citizens who are severely injured, maimed or even killed by FDA-approved --- but unreasonably dangerous --- generic prescription drugs, have no right to seek compensation from the giant pharmaceutical companies which manufacture and market them to unsuspecting consumers.

In its 5-4 decision in Mutual Pharmaceutical Co., Inc. vs. Bartlett [PDF] ("Bartlett"), the Court annulled a $21 million judgment that had been awarded to New Hampshire resident Karen L. Bartlett. Her use of the generic drug, Sulindac, in 2004, produced catastrophic injuries when she suffered an acute toxic necrolysis (aka Stevens-Johnson Syndrome).

In his majority opinion, Justice Samuel Alito described her injuries as "tragic" and acknowledged that over 65% of Bartlett's body "was burned off, or turned into an open wound. She spent months in a medically induced coma, underwent 12 eye surgeries, and was tube fed for a year. She is now severely disfigured…and is nearly blind."

For Alito, and the rest of the Court's right-wing majority, the severity of Bartlett's injury proved inconsequential when measured against Big Pharma's bottom line and their interest in selling generic drugs, which account for 75% of the prescription drugs sold in the U.S.

As a result, as it applies to generics, for the first time in our nation's history, FDA permission to market has been treated as a final stamp of approval as to the generic drug's safety, irrespective of the scope of subsequently obtained scientific evidence that reveals otherwise.

Anyone who is now injured, maimed or killed by what turn out to be generic, poison pills are S.O.L....

--- Click here for REST OF STORY!... ---



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