A legal fight for the integrity and public oversight of elections in the Peach State has been running in federal court for nearly eight years now. As we've reported over those years here on The BradCast, it began long before Trump and his Republican MAGA stooges dreamt up their imaginary 'Stop the Steal' scheme to pretend the 2020 election was stolen from them. The long-running suit has highlighted vulnerabilities and revealed criminal actions along the way. But, as of last night, the case may have come to an end. Our guest today, however, a lead Plaintiff in the case, vows: "This fight is far from over." [Audio link to full show follows this summary.]

FIRST UP... The madness wrought by our last election continues today, however, as layoffs begin for thousands of workers in agencies overseen by the Dept. of Health and Human Services (HHS), now directed by vaccine conspiracist Bobby Kennedy, Jr. "The cuts include researchers, scientists, doctors, support staff and senior leaders, leaving the federal government without many of the key experts who have long guided U.S. decisions on medical research, drug approvals and other issues" at the CDC, NIH, FDA and Centers for Medicare and Medicaid Services, among others, AP reports today. A coalition of Democratic state Attorneys General are now suing to block the scheme, which they describe as unlawful, charging it will result in "serious harm to public health" and put states "at greater risk for future pandemics and the spread of otherwise preventable disease, while cutting off vital public health services."

Raising attention to madness like that was just one of the reasons that New Jersey's Democratic U.S. Senator Corey Booker determined he needed to take and hold the floor of the U.S. Senate "as long as I am physically able." As of airtime, he was on the brink of breaking the all-time, 24-hour and 18-minute record for holding the Senate floor. Shortly after airtime today, he did so, before standing down after just over 25 hours. We share some of his remarks.

THEN... We've been waiting for this federal court ruling for more than a year since its 17-day trial in January of 2024. In fact, we've been waiting for it for almost eight years, since it was first filed in 2017, challenging Georgia's use of 100% unverifiable touchscreen voting systems. The state was the first, along with Maryland, to do so statewide back in 2002.

In 2019, the judge overseeing the case, U.S. District Judge Amy Totenberg, determined the state's Diebold touchscreen voting systems were so error-prone, unverifiable and vulnerable to manipulation, that she ordered they may no longer be used. In 2020, Georgia's current Sec. of State, Brad Raffensperger, defied voting system and cybersecurity experts who advised him to move the state to a hand-marked paper ballot system. Instead, with the blessing of former SoS, now Governor Brian Kemp, he moved to a new, unverifiable touchscreen voting system made by Dominion, at a price tag of more than $100 million to taxpayers. It has since proven to have many of the same vulnerabilities as the old Diebold systems. Last year's trial revealed many of those flaws.

But last night, well over a year since the trial in an Atlanta federal courtroom concluded, Judge Totenberg finally issued her 33-page ruling [PDF], lauding the plaintiffs for their "dedication to ensuring that Georgia's elections are conducted in a transparent, safe, and reliable manner," before dismissing the case entirely due to what she described as a lack of standing by the Plaintiffs to bring the suit in the first place. "Ultimately, Plaintiffs failed to establish at trial that Georgia's continued use of the [touchscreen Ballot Marking Device] will likely cause them to suffer a legally cognizable injury," she wrote in her order's Conclusion. "The Court therefore lacks jurisdiction to consider the merits of Plaintiffs' claims."

"Although Plaintiffs have not ultimately prevailed on their legal claims, their work has identified substantial concerns about the administration, maintenance, and security of Georgia's electronic in-person voting system," Totenberg ruled. "These investigative and educational efforts have prompted meaningful legislative action to bolster the transparency and accountability of Georgia's voting systems."

We're joined today --- as we have been many times over the years to discuss this case, and its many startling revelations and news-breaking findings --- by longtime election security and transparency champion, MARILYN MARKS, Founder and Executive Director of the non-profit good government group, Coalition for Good Governance, one of the case's lead Plaintiffs. Marks seemed as gobsmacked, confused and disappointed by all of this today as we were in the hours since last night's release of the judge's order.

"We haven't really absorbed this blow yet," she tells me. "After eight years to find out, 'Oh, you had no business to be here to begin with, here in court.'" Marks did her best, nonetheless, to explain the court's ruling. "She's basically said, 'You've got the right to vote. You've got the right to cast a ballot. But you don't have the right to know who you're voting for.'" That, a reference to the unreadable QR codes printed out on each ballot by Dominion's touchscreens, supposedly containing the voter's ballot selections. That QR code cannot be read or approved for accuracy by voters, however. Instead, they are asked to verify their selections on the human-readable portion of the computer-marked paper. But those selections are not used to tabulate election results.

Marks cites a 2022 race in which voters for Michelle Long-Spears, a candidate for Georgia's DeKalb County Commission, selected the candidate's name on the touchscreen, saw it on the computer-printed ballot as their selection, but could not tell that the QR Code actually registered a vote for her opponent.

Throughout the years-long course of this case, Marks, in her role as Plaintiff, helped reveal a number of troubling matters, from the fact (as demonstrated in court) that voters at the polling place are able to hack GA's Dominion touchscreens with no more than a ballpoint pen; to expert findings that resulted in a warning about these systems issued by the U.S. Cybersecurity and Infrastructure Security Agency; to the tape-recorded confession she obtained from an Atlanta businessman who detailed his role in a scheme to unlawfully access and copy the code for the proprietary statewide voting system in Coffee County, GA, and share it over the Internet with fellow MAGAs after the 2020 election. That man, Scott Hall, was one of several criminal co-conspirators charged along with Donald Trump in Fani Willis' RICO case against him and 18 others. Hall, Sidney Powell and other Trumpers pleaded guilty. Marks was the one who first revealed the now notorious Coffee County breach during the course of the case that was dismissed last night.

"Back in her decision in the Fall of 2020," as part of this case, Marks explains today, "right before the 2020 election, [Judge Totenberg] was saying that with these [new Dominion] systems, it is a matter of when, not if, this system is going to be hacked. She talked about how it cannot be audited. She went through many, many warnings for the state, that essentially this was not a good system. She seemed to agree with us on the merits for the last eight years, but now says, 'You shouldn't have been here anyway.'"

Marks asserts that Totenberg appeared to agree with Plaintiffs on the merits throughout the case and its eventual trial, as attorneys for the State, representing Raffensperger, failed to rebut Plaintiff's many world-class voting system experts and their testimony. "I don't think I read anything where she felt that [Raffensperger] presented compelling facts. Our experts presented unrebutted facts. [The state's attorneys] really had nothing other than, 'You guys are election deniers. You don't have standing. Y'all haven't really been hurt.' There was really no rebuttal on the experts' findings."

In fact, despite claims by the State, the Plaintiffs in this case never challenged the results of any election. Rather, they presented an airtight case that the systems used in Georgia can be manipulated, violate voter secrecy rights, and can't be known to reflect the intent of any voter after an election. Those unrebutted facts, which Totenberg appears to have agreed with, were not enough to overcome her final ruling --- after nearly eight years and countless findings in favor of the Plaintiffs --- that they can't show they suffer any harm with the use of these systems.

Marks says she is still discussing the matter with attorneys, but suggested she may appeal the case to the 11th Circuit Court of Appeals which has already, in a previous ruling in this case, agreed that Plaintiffs did, in fact, have standing.

For the record, Republican state lawmakers enacted a law last year that bars the use of QR Codes on ballots by 2026. Marks, however, explains why that provision is likely to put upcoming elections at legal risk and is unlikely be effectuated, as the state Legislature has, to date, failed to appropriate the nearly $70 million the law calls for to only somewhat correct Raffensperger's Touchscreen Follies.

FINALLY... Desi Doyen joins us for our latest Green News Report, as the Trump Administration declares they will be shutting down FEMA (in this middle of this year's hurricane season!); is closing coal mine safety offices around the county; and overturning landmark fees on oil and gas drillers' climate-warming methane pollution...

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IN TODAY'S RADIO REPORT: Top federal prosecutor resigns over improper Trump order to claw back EPA grants for clean energy; Fossil-fueled extreme weather has tripled the price of cocoa and coffee; PLUS: 'King' Trump cancels New York City's successful, first-in-the-nation congestion pricing... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Trump moves to claw back almost 50 years of NEPA regulations; Electricity demand surges for the world’s two biggest polluters; New EV batteries are making electric cars cheaper and safer; We may be able to trap climate pollution in ordinary rocks; Trump clamps down on independent agencies' power... PLUS: Hurricane Helene’s profound impact on N.C. farms is only now coming into clearer focus... and much, MUCH more! ...

Incredibly, many Trump-supporting MAGA dupes still believe any of this is being done in the name cutting government "waste, fraud and abuse" --- much less "efficiency" in the federal government. As discussed on today's BradCast, I guess there are still millions who won't give a damn about any of it unless --- more likely, until --- it effects them directly. And it will. [Audio link to full show follows below this summary.]

As David Dayen helpfully reported last month at The American Prospect, if you fired every single federal worker in existence --- all 2.3 million of them --- you'd save about $271 billion per year. While that may sound like a lot, it's just 4% of the annual budget. Of course, we'd lose much more in uncollected tax revenue, unprosecuted fraud in the private sector, lives lost, just to name a few big points. And, of course, Americans, such as Social Security recipients would lose a lot on a personal level when there was nobody left in government to send out their monthly checks.

But, as Republicans have been telling us (lying to us about) for decades now, the federal government has just become too bloated. It must be cut down to size, even if it's randomly done through mass firings at every federal agency, of anybody viewed as legally fireable (whether they are or aren't doesn't matter.) But here's another fun fact from Dayen: in 1960, amid the Golden Age of America's middle class, the federal government comprised 4.3% of all workers. Today, that number is just 1.4%.

Other than that, our government is huge, bloated and out of control! Who needs all that air traffic safety, security of nuclear weapons, food inspections, safe drinking water, disease tracking, cancer cures, law and order, disaster response, medical care, education, Social Security checks or life-saving weather reports and climate data? The federal government is just too "big". Let's gut it all! Legally or otherwise!

Much more on all of this --- and some of the heroes (even Trump-appointed ones!) trying to block and/or call attention to the worst of it --- on today's program, as culled from, among others, some of the following source material...

• AP: Delta jet flips upside down on a snowy Toronto runway and all 80 aboard survive
• Rolling Stone: FAA Employees Say Trump and Musk's Firings Are Dangerous
• AP: Trump fires FAA air traffic control staff, just weeks after DC crash
• NYT: Adams's Lead Prosecutor Quits Defiantly: 'It Was Never Going to Be Me'
• WaPo: Mass resignation marks a new kind of defiance in the second Trump era
• WaPo: High-ranking D.C. federal prosecutor resigns in protest
• WaPo: Musk's DOGE seeks access to personal taxpayer data, raising alarm at IRS
• WaPo: Top Social Security official exits after clash with Musk's DOGE over data
• NBC: Department of Homeland Security preparing to fire hundreds of senior leaders this week
• Bloomberg: US Health Department Layoffs Expand to Medicare, FDA
• NBC: CDC 'disease detectors' among hundreds fired as Trump administration ramps up agency cuts
• Politico: Mass firings continue across nation's health agencies
• Guardian: NOAA imposes limits on scientists, sparking concerns over global forecasts
• The Hill: EPA fires nearly 400 workers after OPM order
• The Hill: EPA puts employees who tackle pollution in overburdened communities on leave
• The Hill: National Science Foundation cuts 10 percent of staff
• Wired: National Science Foundation Fires 168 Workers as Federal Purge Continues
• AP: Trump's firing of 1,000 national park workers raises concerns about maintenance and operating hours
• SF Chronicle: Yosemite halts camping reservations, with no timetable for their return
• Fox 13 Utah: 'Crisis' at Zion as mandated job cuts hit popular national park
• Reuters: USDA probationary staff fired at three agencies, sources say
• NBC: USDA says it accidentally fired officials working on bird flu and is trying to rehire them
• The Oregonian: At least 600 workers to leave Bonneville Power Administration, spurring concerns about transmission grid
• CNN: Hundreds of FAA probationary workers fired by Trump administration, union says
• AP: Trump wants states to 'clean up forests' to stop wildfires but he cuts funds

Other than that, slow news day.

Also, on similar notes, we close today with Desi Doyen and our latest Green News Report, as the costs of our climate crisis continue to mount in from coast to coast in recent days; Trump's FEMA is already denying critical disaster aid; and the Administration is desperately trying to find fired Dept. of Energy workers after figuring out that they were the ones who safeguarded the nation's nuclear weapons stockpile...

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IN TODAY'S RADIO REPORT: Extreme heat intensifies across Eastern U.S. as Tropical Storm Alberto kicks off hurricane season; Deadly wildfires force evacuations in New Mexico; Delhi, India and Saudi Arabia hit astonishing record temperatures; PLUS: U.S. schools grapple with the impacts of extreme heat... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Summer of extreme heat could worsen FEMA disaster funding shortfall; UN food chief: Poorest areas have zero harvests left; Billion-dollar weather disasters are soaring again this year. Here’s why; Miami is entering a state of unreality; Dr. Michael Mann on heatwaves: 'No economy on a dead planet'; The delusion of advanced plastic recycling using pyrolysis... PLUS: US acknowledges Northwest dams have devastated the region’s Native tribes... and much, MUCH more! ...

Today's BradCast summary may be necessarily (or mercifully, depending on how you look at it) brief. As noted here yesterday, I've got COVID again. Did a show today anyway. For good or ill. There's just too much going on and standing down yesterday only made me feel like we were falling even farther behind. Plus, big news today out of SCOTUS. So bear with my gravelly, congested voice as we catch up with a few of things on today's show. [Audio link to full show follows below.]

Among those things..,.

• Tuesday's down-ballot primary elections in Maine, Nevada, North Dakota and South Carolina didn't offer many surprises or problems, so far, for voters or tabulation. But the Special Election for the U.S. House in Ohio's otherwise deeply red 16th Congressional District was certainly of note. The Democratic candidate, Michael Kripchak, lost the race to Republican Michael Rulli, as expected. But, continuing a pattern we've seen quite a bit of on Election Days since 2020, the Democrat wildly over-performed expectations by some 20 points! It's another good reminder to take nothing for granted this year, with the November 5th General Election Day now less than 150 days away!

• The packed and corrupted U.S. Supreme Court did (mostly) the right thing for a happy change today. In an opinion [PDF] written by Justice Brett Kavanaugh, the Court unanimously shut down a ridiculous case brought by legal forum-shopping anti-abortion zealots in Texas seeking a nationwide ban on the use of Mifepristone, the most popular and safest method of abortion in the U.S. The challenge, based on false claims about the drug, was rejected 9 to 0 due to a lack of standing by the crackpot doctors who brought the case (with the help of a rightwing extremist legal mill, in a lower court jurisdiction where they were guaranteed to get a favorable finding from Trump-appointed anti-abortion activist judge, Mathew Kasmaryk.) Kavanaugh's ruling, however, left the door open for future challenges by other plaintiffs to the FDA's 20-year old approval of the drug. The executive agency has repeatedly found Mifepristone --- used in about two-thirds of abortion in the U.S. last year --- to be extraordinarily safe and effective.

• Then, we're joined by AMANDA MARCOTTE, Senior Political Writer at Salon and author of Troll Nation: How the Right Became Trump-Worshipping Monsters Set On Rat-F*cking Liberals, America, and Truth Itself. We discuss today's SCOTUS ruling and a related matter which she recently wrote about at Salon, which also highlights the corrupt anti-abortion Texas-to-SCOTUS legal activist pipeline. This case, like the Mifepristone case, is being brought, specifically, in Kasmaryk's North Texas federal court, where he is the only judge overseeing cases filed there. It involves two University of Austin professors, Daniel Bonevac and John Hatfield, who are plaintiffs in a suit challenging Nixon-era federal law that prevents them from mistreating people, women in particular, who don't behave to the professors' liking. They are claiming a violation of their Free Speech Rights in federal laws that prevent them from flunking female students who go out of state to obtain abortions or block them from firing teaching assistants who have had one or forces them to consider the hiring of employees who may be transgendered. It is all of a piece, as Marcotte explains, with the corrupt SCOTUS decision that overturned 50 years of legal precedent for the Constitutional right to abortion back in 2022, and the subsequent total abortion ban in the Lone Star State. As Marcotte identifies, this and a number of other cases, are being brought by the same far-right interests, including former Texas Solicitor General and Federalist Society activist Jonathan Mitchell and legal mill outfits packed with former (and future?) Trump staffers.

• Finally, Desi Doyen joins us for a Brad-free edition of Green News Report! With a warning for upcoming extreme heat across much of the country; seemingly unceasing extreme rainfall in Florida; a new law adopted by the New York legislature to hold Big Oil accountable for climate damage; and hundreds of billions of dollars in health benefits now being realized thanks to President Biden's renewable energy boom...

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Believe it or not, we have good news at year's end from our otherwise radicalized and corrupted U.S. Supreme Court regarding abortion rights.

SCOTUS' recent decision [PDF], in Alliance for Hippocratic Medicine v. Food & Drug Adm., to hear the abortion pill case in response to the Petition [PDF] filed by the Biden Administration's U.S. Solicitor General and to grant the Petition [PDF] filed by manufacturer Danco Laboratories --- together with its denial of AHM's Cross Petition [PDF] --- is an encouraging development for reproductive liberty.

The Alliance for Hippocratic Medicine (AHM) is a group of right-wing Christian physicians who sought, and initially obtained, a nationwide ban on the prescription, sale, distribution and use of mifepristone --- a medication first approved by the FDA in 2000 as part of a two-drug regimen to terminate early-stage, intrauterine pregnancies.

According to the FDA's January 2023 Risk Evaluation and Mitigation Strategies [REMS] determination for the drug, mifepristone enables a woman "to end an intrauterine pregnancy through ten weeks gestation," during which it is found to be both 98% effective and safer than Tylenol.

On April 7, 2023, however, Judge Matthew Kacsmaryk, a Trump appointed, Texas-based U.S. District Court Judge, issued a preliminary injunction that imposed a nationwide ban on mifepristone. Before being tapped by Trump, Kacsmaryk was an anti-choice activist and is regarded by many as a right-wing religious zealot. His ruling was in direct conflict with a separate decision issued on the same day by U.S. District Court Judge Thomas O. Rice in Washington State. Rice ordered the FDA to keep mifepristone on the shelves of 14 States and the District of Columbia.

Although the conservative 5th Circuit Court of Appeals refused to stay Kacsmaryk's nationwide ban, the U.S. Supreme court, in late April, by way of a 7 - 2 Decision [PDF] (with Justices Alito and Thomas dissenting), granted a stay of both the 5th Circuit and Judge Kacsmaryk's temporary, nationwide ban on mifepristone. By the express terms of the April 21 SCOTUS decision, the stay would remain in effect until the end of the appellate process.

Because the Supreme Court has now granted both the government's and mifepristone manufacturer Danco's petitions for certiorari, at a minimum, that stay will remain in effect until the Supreme Court issues its final ruling.

Kacsmaryk's original total ban rested upon what, even then, seemed like a tenuous AHM effort to evade a six-year statute of limitations with respect to the FDA's initial approval of mifepristone that was issued while Bill Clinton was still in office. The Supreme Court's denial of the AHM cross-petition, which contested the 5th Circuit's ruling [PDF] --- that the effort to contest the 2000 approval is barred by the statute of limitations --- is now final.

Thus, the judicial threat of a nationwide ban on mifepristone no longer exists!

One of the two remaining issues, however, entails whether the 5th Circuit erred in finding that the FDA acted in an arbitrary and capricious manner in its subsequent REMS determinations, years after the 2000 approval. (Those subsequent REMS determinations, based upon extensive medical studies and worldwide practical use, made it easier for patients to obtain access to mifepristone). But before the Supremes can even reach that issue, they face the threshold question as to whether AHM physicians who do not even use or prescribe mifepristone have Article III standing to file their legal challenge to the FDA-approved abortion pill in the first place...

We not only cover a whole bunch of news stories on today's BradCast, we also explain what they mean and why they matter. As always, we want you to not only know what happened, but understand why it did and what can be done about it, so you can pass that important information on to others. [Audio link to full program follows this summary.]

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

• Film and TV actors of SAG-AFTRA join the Writers Guild of America (WGA) in going on strike against producers in hopes of proper payment and residuals for streaming services and AI usage, among other appropriate demands.

• We take another quick spin through my new favorite website --- FoxWeather.com --- where they report on all of the catastrophic effects of climate change now devastating much of the planet, but because Fox hates its duped readers and viewers so much, they never even once explain why all of these disasters are now happening. (Hint for Fox "News" dupes, if I'm lucky enough that you stopped by: It's the climate change, stupid, as caused by the burning of fossil fuels.)

• The Biden FDA approves the first ever over-the-counter birth control pill. Happily, this should be bring the abortion rate way down. So, rightwingers will be delighted with this news, right?

• Dumb GOP megadonors in Illinois lose their ill-considered fight to prevent the use of clean, electric leaf blowers on their 22-acre estate. But it's a win for their neighbors and for the rest of us. (And even for them, whether they too dumb to know it or not!)

• A state court orders New York to redraw U.S. House maps before the 2024 elections. That alone could end up flipping the House back to Democratic control next year, after the GOP flipped four NY seats from "blue" to "red" last year, after the state court blocked an attempted Democratic gerrymander. It's complicated.

• Great news for North Carolina residents! After Republicans on the corrupted U.S. Supreme Court recently blocked Affirmative Action for college admissions at the University of North Carolina (and everywhere else in the bargain), the school has announced it will be offering FREE tuition to many in-state students "as part of their continued effort to boost diversity".

• Late last month, the corrupt rightwing SCOTUS majority used their recently invented-from-whole-cloth "Major Questions Doctrine" to block the Biden Administration from using the specific text of the federal HEROES Act to forgive up to $20,000 in student loans to borrowers. The President has announced a new plan to use a different law to accomplish even broader forgiveness, though it will take a bit more time than his initial plan. In the meantime, beginning next month, a newly restructured repayment plan for loans will allow millions to pay just $0 a month (you read that right) without seeing any interest added. Their entire loan may then be considered as paid in full after 10 years. We break down the key details of the new plan and how Republicans are already attempting to undermine it, because they hate people who aren't millionaires or billionaires.

• Finally, it's our latest disturbing Green News Report with Desi Doyen here to drive you crazy as the summer of climate catastrophes continue. Among our coverage: another major insurer flees Florida; California works out a deal with manufacturers to phase out polluting big rigs; and the U.S. becomes the blackout capital of the world, thanks to the many failures of natural gas...

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It's another red alert day on The BradCast today, regarding the precedent crushing plans of our stolen, corrupted and packed Rightwing U.S. Supreme Court majority. They've got two different plans, in fact, for two different ways to overturn decades, if not centuries of critical precedent on federal elections and the power of federal agencies. [Audio link to full show follows below this summary.]

FIRST UP, we begin in the state of North Carolina where, last year, a 4 to 3 Democratic majority on the state's Supreme Court found the GOP-majority state legislature had drawn up new legislative and Congressional district maps that constituted unlawful partisan gerrymanders under the state Constitution. The state court ordered fair maps to be drawn up, resulting in the election of a Congressional delegation in 2022 that had 7 Democrats and 7 Republicans in the very closely divided state.

State Republicans, however, challenged the high court's ruling by filing a case named Moore v. Harper with the U.S. Supreme Court, arguing that an obscure clause in the U.S. Constitution allows state legislatures and only state legislatures to create rules and laws for federal elections. Neither state courts nor constitutions can tell them otherwise, they are arguing.

It's a fringe concept known as the Independent State Legislature theory, which has never been blessed by a majority at SCOTUS. But Republicans are hoping the current, corrupted Republican Court will approve the theory, blocking Governors or Secretaries of State or state Supreme Courts or state constitutions or even voters from setting election laws. We have long warned of the dangers of this case for American elections as we know them. Under this theory, if SCOTUS grants its blessing as many fear [raises hand!], state legislatures could even choose Presidential electors no matter how the state's voters may vote. The U.S. Supreme Court heard Moore v. Harper last December, after we'd spent months setting off sirens to try and let you know about what could happen in that case in advance of next year's 2024 Presidential election.

Last November, however, NC voters elected two new Republicans for their state's high court, giving Republicans a 5 to 2 majority. And, last Friday, after rehearing the exact same gerrymandering case in which they had previously ordered new maps, the new Republican court majority reversed the same court's previous ruling, allowing partisan gerrymanders to return in advance of 2024. The likely result will be a House delegation with 10 Republicans and 4 Democrats. That, even though there had been no changes to the law, and no new facts were presented to the newly GOP-led state Supreme Court. (They also reversed a previous ruling that had restored voting rights to some 55,000 former felons, and a ruling that had blocked a photo ID voting restriction that violated the state's Constitution.)

What does this unprecedented reversal at the NC Supreme Court of a month's old ruling mean for the U.S. Supreme Court's pending ruling in Moore v. Harper? We're joined today to discuss exactly that by DAN VICUÑA, national redistricting manager at Common Cause, plaintiffs in a landmark U.S. Supreme Court case challenging an earlier gerrymandered map in North Carolina following the 2010 U.S. Census.

"I think just the blatant hypocrisy, the clear partisanship, is laid so bare it's hard to see how a decision like this stands" in North Carolina, at least over time, argues Vicuña. But, as to what may happen in Moore v. Harper at SCOTUS, and whether the case will be found moot or the Court will go ahead and issue an opinion anyway, Vicuña would rather get a ruling now than in the next term, when a ruling would come in the middle of the 2024 Presidential election.

"We didn't want this case to be heard in the first place, because the Independent State Legislature theory is, quite frankly, ridiculous," he tells me. "It defies logic, defies legal precedent, defies the intent of the framers of the Constitution. But it was heard. We made our case. We think we won very clearly on the law and the facts, and the history. So getting clarity on the facts well in advance of the 2024 election makes a lot of sense. So we're okay with that, and hope it goes our way."

NEXT UP, more disturbing news today out of SCOTUS. The Court announced on Monday they will take up a case next term that challenges the so-called "Chevron Deference", a landmark ruling from a 1984 case (Chevron v. National Resources Defense Council) which established that experts at federal agencies should be given deference when creating rules and regulations meant to enforce federal laws in which Congress may have been ambiguous regarding certain details.

For example, as Desi Doyen joins us to explain today, the Clean Air Act may grant the EPA a mandate to regulate pollution, but it may not specifically mention which pollutants must be regulated, or how many parts per million constitute unlawful pollution. That's left to experts at the EPA to determine through the rule-making procedures. But Republicans wish to dismantle the ability of federal agencies to make any such rules, granting that authority instead to courts (without expertise) and the industry lobbyists who influence them.

Our corrupted, packed and stolen rightwing SCOTUS now appears ready to "dismantle the administrative state" (as Steve Bannon has long been promising) in a ruling next term that could affect the ability of agencies to create federal regulations regarding everything from the climate crisis to health care to immigration and beyond.

Finally, we finish up with some listener email and phone calls to round out another disturbing hour of The BradCast. Enjoy!...

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Just to be clear, while we're debating whether California's senior Democratic Senator should step down on today's BradCast, the longest-serving U.S. Supreme Court Justice should not only have stepped down long ago, he should have been removed by the force of impeachment long ago as well. [Audio link to full show is posted below this summary.]

It was a very busy and lively show today, covering a bunch of interesting and occasionally related news. Among today's story's...

• Democracy seems to be out of reach yet again in the Middle Eastern/Sub-Saharan nation of Sudan, as deadly fighting broke out between two military factions in the country's capital and elsewhere over the weekend.

• A well-known Kremlin opposition figure and critic of Russian President Vladimir Putin's horrific invasion of Ukraine was sentenced to 25-years of hard labor today for daring to speak out against the war last year. 41-year old Vladimir Kara-Murza is just the latest facing a long prison sentence for public opposition to Putin's barbaric, criminal assault on his sovereign neighbor.

• Last week we explained why Fox "News", if they were smart, would do everything in their power to reach a settlement with Dominion Voting Systems before the trial in the $1.6 billion defamation lawsuit filed by the voting machine vendor against the Republican propaganda outlet began in earnest this week. Jury selection in the trial, in which Dominion has Fox dead to rights for repeatedly, falsely and knowingly lying to viewers that Dominion somehow rigged the 2020 election for Joe Biden, was supposed to begin today. But Delaware Superior Court Judge Eric Davis, without explanation, announced the trial would begin tomorrow instead, leading some to believe Fox may be trying to strike a last minute settlement.

• On Friday, the U.S. Supreme Court issued a brief, administrative stay on the rulings by far-right, activist U.S. District Judge Mathew Kacsmaryk and the far-right U.S. 5th Circuit Court of Appeals that ban the FDA-approved use of mifepristone, the nation's top abortion medication, in all 50 states. The temporary stay will only remain in place until Wednesday, at which time the full SCOTUS will either keep it in place throughout the appeal to Kacsmaryk's unprecedented, activist ruling --- in which he is attempting to legislate from the bench and overrule the FDA's 23-year old approval of the safe and effective drug --- or they will allow a first-of-its-kind ban to go into effect while the appeal moves forward. Today, we cite a few of the 5th Circuit's huge errors in their recent ruling, as detailed by The BRAD BLOG's Ernie Canning.

• And, speaking of our corrupted, rightwing federal judiciary, there was yet more jaw-dropping news over the weekend of the unspeakable corruption and seemingly endless lawlessness of Justice Clarence Thomas, the longest-serving current member of the U.S. Supreme Court. We quickly review the full story again today, from Clarence's unlawful failure to disclose his activist wife Ginni's salary from the Heritage Foundation for some 20 years, until called out for it in 2011; to Ginni's apparent "Judicial Insider Trading" on the infamous 2010 Citizens United ruling; to ProPublica's blockbuster exclusive two weeks ago detailing decades of Clarence's unlawfully undisclosed luxury travel courtesy of GOP megadonor Harlan Crow; to last week's second ProPublica jaw-dropper revealing that Crow purchased properties from Thomas, including his mother's house (which she still lives in, rent free!) and which also went unlawfully undisclosed in in his annual disclosure forms; and then this weekend's latest scoop from WaPo finding Clarence hasn't bothered for years to report income from a real estate firm owned by Ginni and her family.

• Finally, speaking of both the rightwing federal judiciary and people who should arguably resign immediately, California's 89-year old senior Democratic Senator Diane Feinstein has missed about 60 of 80 floor votes in the U.S. Senate this year, as she is sidelined in San Francisco with shingles. There is currently no date for her return to the 51-49 upper chamber. But, even more importantly, her extended absence from the Senate Judiciary Committee has stalled the confirmation process for more than a dozen federal court judges nominated by President Biden. As calls for her resignation began last week, the fading trailblazer has asked to be removed, temporarily, from the powerful Judiciary Committee. Unfortunately, it's not quite as easy as that, as we explain today.

  In the bargain, a debate has surfaced among Congressional Democrats, some of whom are calling for her resignation after decades of service, others describing the push as misogynistic, others defending her during her convalescence, while still others appear to be supporting her at the moment, though their patience is clearly wearing thin.

  We cover all of that today before opening our phones to listeners --- her constituents in Southern California --- for their opinions on whether DiFi should stay or go. We had a lot of really smart and interesting callers today...even if their opinions were ultimately in sync. They believe its time for her to fly...

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As the clock ticked down to the last day to act on Friday, U.S. Supreme Court Justice Samuel Alito issued a temporary administrative stay.

His brief order granted approval, for now, of U.S. Solicitor General Elizabeth Prelogar's compelling 47-page Application [PDF] filed on behalf of the Federal Government, seeking an administrative stay on the entirety of the controversial effort by an activist Donald Trump-appointed judge in Texas who imposed a nationwide ban on the FDA-approved abortion pill, mifepristone.

The temporary administrative hold, keeping the status quo in place only through Wednesday, is meant to allow the full Court time to decide the broader request for a stay from both the Government and a manufacturer of the popular abortion medicine. The Solicitor General asked the Court to issue "a stay pending the consideration and disposition of [the FDA's] appeal to...the Fifth Circuit and, if the Court of Appeal affirms, pending the timely filing of a petition for a writ of certiorari and any further proceedings" before the Supreme Court.

In other words, please keep the status quo not only for the the FDA's science-based original approval issued in 2000 but also for the FDA's scientific decisions, made between 2016 and 2023, to better facilitate availability, distribution and safe use of mifepristone. The Solicitor General has asked for that status quo to remain in place until the U.S. Fifth Circuit Court of Appeals has actually heard full argument in the appeal of the ruling by Judge Mathew Kacsmaryk (the far-right U.S. District Court judge who hears every federal case filed in its Amarillo, TX branch) and then, if needed, throughout any additional appeals made to SCOTUS on the rulings of both lower courts.

While the matter of seeking a temporary stay, pending appeals, will now be decided by the same U.S. Supreme Court, whose right-wing majority, in Dobbs v. Jackson's Women's Health Org., overturned the Court's 50-year old landmark reproductive rights decision in Roe v. Wade last year, Prelogar parried the Court's anti-abortion bias by arguing that the stakes in this case are, by no means, confined to questions only about the approval and use of mifepristone...

We've got two guests on today's BradCast, both attorneys, with a bunch of information that you likely haven't heard elsewhere. [Audio link to full program follows below this summary.]

First up, we're joined by KASSIE SIEGEL, Director and Senior Counsel of the non-profit Center for Biological Diversity's Climate Law Institute, and Climate Director for the Center Action Fund, where she leads campaigns and litigation focused on reducing climate-warming greenhouse gases and other pollution.

Siegel joins us today to discuss the recent passage and signing of a landmark law in California, shepherded through the state legislature last month in a special session called by Democratic Gov. Gavin Newsom. The new measure enacts first-of-its-kind provisions to finally cut the knees out from under Big Oil price gouging in the Golden State. Among other things, the law will create a state oversight board that will offer unprecedented transparency into the pricing processes of major oil companies and refineries in the state and, if necessary, impose penalties for exceeding reasonable profit margins. That, in a state where Big Oil has clocked record profits over the past year or so, even as they falsely claim their exorbitant price hikes for gasoline were due to global supply shortages.

The new law grants subpoena power to the state to, for the first time, open the books of Big Oil, an industry that has, literally, gotten away with murder for decades. Naturally, they fought tooth and nail to stop the law's passage, but state Dems overcame the pushback to adopt a measure that could become a model for other states as well as the federal government. The oversight and regulatory scheme may even pave the way for oversight and regulation of other industries like Health Care and Internet providers.

"One of the things that is so important about this new law is that it directly confronts the Big Oil playbook that we see them carrying out," Siegel explains. "Big Oil knows that its days are numbered and it is a declining industry. It is declining first here in California. But they have a plan to maximize their profits and maximize the damage they do on the way out the door. This new bill, the first of its kind in the country, is a really important part of pushing back on that, and protecting Californians from this destructive industry."

There is much more in my conversation with Siegel, including where the measure falls short and where California residents need to push Newsom to keep going farther still.

Next, we're joined by long-toiling BradBlog.com legal analyst ERNEST A. CANNING on two different abortion-related lawsuits in the news this week. One is last Friday's outrageous ruling by Trump-appointed, far-right Christian activist U.S. District Judge Matthew J. Kacsmaryk in North Texas, nullifying the FDA's 20-year old approval of mifepristone, a drug used in the majority of the nation's abortions.

As Canning warned in a really helpful explainer on all of this back in February, Kacsmaryk was threatening to issue a ruling likely to take the drug off the market in all fifty states, even though, as the Dept. of Justice has now argued in their emergency appeal seeking a stay (as filed this afternoon), the statute of limitations has long expired for a challenge to a drug approved as safe and effective during the Clinton Administration. As Canning wrote in February, and as the DoJ argues today, the challengers actually have no standing and no injury to bring the suit in the first place, as the physicians involved neither prescribe nor use the the drug themselves.

The other case discussed is one that Canning wrote about today, detailing the challenge brought by physicians and Planned Parenthood in Idaho, challenging the state's extreme, near-total abortion ban. The state statute includes no exceptions for the life of the mother or even cases of rape or incest, though it allows someone charged with having carried out an illegal abortion in the state to try and prove those exceptions in court. Otherwise, the law mandates 2 to 5 years in prison for someone convicted of providing an abortion, and the suspension of the medical license of a provider who assists in any way.

But the federal lawsuit Canning reports on today is to none of those point. The complaint is a challenge to the state Attorney General's recent legal analysis declaring that Idaho doctors may have their licenses to practice suspended for merely "assisting" in an abortion by simply informing a patient that they may obtain a legal abortion in a different state. The plaintiffs argue that the restriction violates the U.S. Constitution's First Amendment Free Speech clause, as well as the interstate commerce clause and the 14th Amendment's right to due process.

After decades as a litigator, does Canning still have confidence that the federal judicial system, corrupted by the far-right, will still be able to the right thing in these cases, respecting the precedent of long-established caselaw and the U.S. Constitution itself? Tune in to find out...

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Weird. It's almost as if Republicans say one thing but do the exact opposite or something. Especially when it comes to freedom, the First Amendment, personal responsibility, parental rights, Big Government regulations, activist judges legislating from the bench, and...well, tune in to today's BradCast for much more. [Audio link to full show follows below.]

Among the stories helping to highlight all of that today...

• Wingnut children's book author Bethany Mandel made herself famous this week. Not in a good way...but in an hilarious way, as the GOP's silly and desperate Anti-"Woke" Chronicles continue.

• In their ongoing Anti-Freedom Crusade, Republicans have now figured out how to gerrymander the federal judiciary. Following a four-hour hearing this week in a federal courtroom in Texas, Trump-appointed, far-right, anti-abortion activist U.S. District Judge Matthew Kacsmaryk appears on the precipice of legislating from the bench to nullify the FDA by banning the abortion drug mifepristone. The medication was approved by the FDA for use more than 20 years ago and has proven to be incredibly safe and effective ever since. It is used in more than half of the abortions in the U.S. But, as Ernie Canning detailed last month, Kacsmaryk shouldn't even be hearing this unprecedented challenge. It should be tossed out entirely for numerous legal reasons that he helps explain, including lack of legal standing and statute of limitations. Nonetheless, the lawsuit filed by foes of reproductive rights comes after Sam Alito, Brett Kavanaugh and the rest of the corrupted rightwing SCOTUS majority told us just last year, when overturning Roe v. Wade, that they were doing so in order to "return the issue of abortion to the people’s elected representatives." Kacsmaryk may be many things, including "arguably the worst judge in the United States." But he is definitely not an elected representative of the people.

• In news of still more rightwing hypocrisy and lies this week, it turns out that Florida is not "where woke goes to die," as Gov. Ron DeSantis likes to sputter. Actually, it's where freedom, the First Amendment and parental rights, among other things, go to die. This week, the state's Dept. of Business and Professional Regulation filed to revoke the Hyatt Regency Miami's liquor license. Their crime? The venue featured the popular Drag Queen Christmas show last year, allowing entrance by those under 18 if they were accompanied by an adult to see the show featuring stars from RuPaul's Drag Race program on VH-1 and MTV. Parents in Florida now have Big Government to co-parent with them, apparently, thanks to the Presidential ambitions of their hypocritical book banning, First Amendment hating Governor.

• CNN reports exclusively today that "At least two dozen people --- from Mar-a-Lago resort staff to members of Donald Trump’s inner circle at the Florida estate --- have been subpoenaed to testify to a federal grand jury that’s investigating the former president’s handling of classified documents." That, as part of Special Counsel's Jack Smith's federal probe.

• The Atlanta Journal Constitution has a much more explosive exclusive today, however, as based on their interview of five members of the Special Grand Jury in Fulton County, Georgia who, after eight months investigating Trump's conspiracy to steal the 2020 election in the state, unanimously recommended criminal charges for more than a dozen people to Fulton County District Attorney Fani Willis. There's a whole bunch of fascinating details in AJC's detailed report. But the biggest bombshell likely comes at the very end, when one of the jurors tells the paper: "A lot’s gonna come out sooner or later...And it’s gonna be massive. It's gonna be massive." 👀

• Finally, Desi Doyen has our latest Green News Report, with some good news on "forever chemicals", some accountability for the Norfolk Southern rail company and, believe it or not, some very good news regarding renewable energy in Texas. What?! Yes, Texas!...

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The nationwide right to terminate a pregnancy with medication is now at stake in three pending federal lawsuits. One, in Texas, has been filed by abortion opponents. Another has been filed in West Virginia by a manufacturer of one of the drugs used to terminate a pregnancy, after state lawmakers have attempted to ban its use in the state. The third is a complaint from a physician in North Carolina where her ability to prescribe the drug may now be in peril.

The outcome of these three cases may ultimately succeed in protecting nationwide access to abortion rights even in states where Republican lawmakers have attempted to ban all such freedoms.

That said, while unlikely, it's also possible that one of these three cases could result in the elimination of the right to medical abortion in all 50 states...

We should be both relieved and outraged!

Relieved that, earlier this month, the Center for Disease Control (CDC) and Food & Drug Administration (FDA) approved a new round of booster shots specifically re-designed to address new variants of the deadly COVID virus.

Outraged because, despite the expenditure of tens of billions of U.S. taxpayer dollars on research and development (R&D), the pharmaceutical industry's refusal to waive its "gifted" patent rights prevented a global rollout of the COVID vaccines. In turn, that refusal resulted in the need for the new booster shots.

Outraged because the industry's refusal to waive their patent rights has produced "excess mortality" with COVID that, as of the beginning of this month, has killed at least 6.5 million people worldwide, with no end in sight.

Outraged because this will, in all likelihood, not be the last newly reconstituted booster shot needed. It is the considered opinion of two thirds of the world's epidemiologists that the failure to provide global vaccinations will give rise to mutations that "could render current COVID vaccines ineffective."

And, yes, the patent rights were, indeed, a gift --- from the United States to the Pharmaceutical Industry...

The state of California is embarking on a ground-breaking effort to manufacture and distribute a life-saving drug. The plan also deals a first major blow to private pharmaceutical companies that have long abused the nation's legal system for profit at the expense of the health of the citizenry.

"On my first day in office I signed an Executive Order to put California on a path towards creating our own prescription drugs," Democratic Governor Gavin Newsom declared in a July 7 video posted to Twitter, referencing his inauguration promise in January of 2019. "And now it's happening".

Newsom's statement came in the wake of his approval of a Golden State Budget Proposal that will invest $50 million into development and $50 million more into a State-owned facility that will manufacture and distribute generic (aka biosimilar) insulin to Californians at slightly above cost.

If it succeeds, California, which has the world's 5th largest economy, will not only become the first State, but also the only government, other than Cuba, to embrace the socialized production of generic medications. (Although Cuba develops and manufactures its own generic medications and provides free "preventative medical care, diagnostic tests and medications for hospitalized patients", Pharmacy Times reported, "Cubans pay out-of-pocket for outpatient medications.")

California's progressive Democratic Governor pointed to the extraordinarily high cost of insulin as a form of "market failure" that justifies his embrace of socialized medications. His decision to allow the Golden State to produce its own generic insulin also highlights the immoral manipulation of the nation's patent laws by for-profit drug companies...