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Latest Featured Reports | Wednesday, June 26, 2019
Is DNC Rethinking Mandate for Remote 2020 Caucus Voting Schemes?: 'BradCast' 6/25/19
Guest: Journo Steven Rosenfeld; Also: Trump threatens Iran; Former Fox 'News' reporter rips channel's 'misinformation'; Warren releases plan for hand-marked paper ballots...
'Green News Report' 6/25/19
  w/ Brad & Desi
Pence refuses to acknowledge admin's own science; India's acute water shortages, deadly heat; Trump USDA burying climate studies; PLUS: G.E. scraps NatGas plant 20 yrs early...
Previous GNRs: 6/20/19 - 6/18/19 - Archives...
Sizing Up the Field Before
the First 2020 Debate:
'BradCast' 6/24/2019
Sestak jumps in; SCOTUS finds trademark law 'FUCT'; Pence defends squalid detention centers; Even NC knows hand-marked ballots are needed, why doesn't L.A.?; Callers ring in...
Sunday Toons of the 'Munchausen Presidency' Moment
Creating problems that 'he alone can fix' (aka 'Managerial Munchausen'), in PDiddie's latest toon collection...
Trump Blinks on Iran (For Now), But Not on His U.S. 'Concentration Camps': 'BradCast' 6/21/19
Also: OR GOPers still on run; 'COVFEFE - Grounds for Impeachment'...
Tensions Dangerously Rise After Iran Shoots Down US Spy Drone: 'BradCast' 6/20/19
Guest: Dr. Assal Rad of the Nat'l Iranian Amer. Council; Also: OR Repubs skip town; House re-launches bipartisan 'Climate Caucus'...
'Green News Report' 6/20/19
  w/ Brad & Desi
Trump EPA chief signs deadly scheme to prop up coal industry; Sorry, Mr. Trump, but US air pollution is worse since you took office; PLUS: NY to approve ambitious climate action plan...
Previous GNRs: 6/18/19 - 6/11/19 - Archives...
SCOTUS Decision in VA is Good News, But Trouble Awaits: 'BradCast' 6/19/2019
Guest: Slate's Mark Joseph Stern; Also: Trump lauds socialism; WH, DoJ nix Hicks House testimony; Trump EPA will kill 1000s with Obama coal reg rollback...
Obstruction of the Probe Into Obstruction of the Probe Into Trump's Obstruction: 'BradCast' 6/18/19
Guest: Former Dep. Asst. AG Lisa Graves; Also: S. America grid failure didn't stop voting...
'Green News Report' 6/18/19
S. America lights out; U.S. cyber-intrusions into Russian grid?; Record Gulf 'dead zone', thanks to climate change; PLUS: UK sets world's most aggressive climate target...
Supremely Strange Bedfellows in Today's SCOTUS Rulings: 'BradCast' 6/17/19
High Court punts on discrimination, allows VA gerrymander fix, leaves double-jeopardy loophole in place; Also: Iran pushes back; More bad 2020 news for Trump; Callers...
Sunday 'Dirty Deals' Toons!
We might recommend a shower after enjoying PDiddie's latest weekly toon collection...
Journalist Suspended by Twitter for Anti Alt-Right Book Graphic: 'BradCast' 6/14/19
Guest: Author, journo David Neiwert; Also: Admin's Iran scam; DNC sets first 2020 debate; Sanders defends democratic socialism...
Amidst GOP Paracosm: 'BradCast' 6/13/19
Bizarre day at the Conways; Remarkable GOP excuses for ignoring Mueller; MI drops Flint indictments; Musical tribute to Stanley Cup champ St. Louis Blues!...
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: Slate legal reporter Mark Joseph Stern; Also: Trump lauds socialism at 'campaign kickoff'; WH, DoJ nix Hicks testimony in House; Trump EPA to help kill thousands with new roll back of Obama coal regs...
By Brad Friedman on 6/19/2019 6:34pm PT  

On today's BradCast, after what seems like a too-long absence, we're joined again today by Slate legal reporter MARK JOSEPH STERN for insight on the first batch of U.S. Supreme Court opinions issued at term's end this week. [Audio link to show follows below.]

But first today, mercifully brief coverage of Donald Trump's re-election campaign launch in Orlando, Florida on Tuesday night. While the rally followed the same tired pattern of pretty much all of the campaign rallies he's held non-stop since becoming President --- (Remember when the GOP and Fox 'News' used to complain that Obama was holding campaign rallies as President, rather than governing? That was darling.) --- the usual recitation of Trump lies and nonsense also included a fascinating reference to Republican opposition to "socialism" just one mere breath before Trump (falsely) touted GOP support for protecting much-beloved socialist programs such as Social Security and Medicare. The irony, no doubt, was lost on most of his brain-poisoned followers on hand or watching via the Fox "News" disinformation channel.

On Capitol Hill today, Democrats in the House Judiciary Committee finally heard testimony from a former Trump official in the aftermath of the damning Robert Mueller Special Counsel report. Longtime Trump aid Hope Hicks --- who worked with him before his campaign, during it, during the transition and in the White House --- cooperated with the Mueller probe and is cited within it as a witness about 180 times. She agreed to testify today, though only behind closed doors, with a transcript to be released later. However, White House and DoJ Attorneys were also on hand to continue what Committee member Rep. Ted Lieu (D-CA) described as "obstruction of justice in action". The lawyers issued objections to any and all questions related to Hicks' service with Trump as President, asserting "absolute immunity" from such questions. That is a newly invented "privilege" from the White House and DoJ which Lieu described as "not a thing. It doesn't exist." Lawmakers suggest the result will be court action to force Hicks' testimony on her time at the White House, now that she is a private citizen (who works for Fox "News"). Even House Speaker Nancy Pelosi, who is still opposed to opening an official impeachment inquiry, reportedly described the new White House offensive as "obstruction of justice", which --- in case she needs a reminder --- is one of the offenses included in the Articles of Impeachment for both Richard Nixon and Bill Clinton.

Also in D.C. today, the Trump Environmental Protection Agency, now headed by "former" coal industry lobbyist Andrew Wheeler, officially replaced President Obama's Clean Power Plan, meant to curb global warming greenhouse gas emissions from coal-fired power plants, with a new rule that makes the reduction of emissions optional for states. Even while coal plants have been shutting down across the country over the past two years in favor of cheaper, cleaner natural gas and renewable energy production, the Administration is implementing the new rule which, according to the EPA's own analysis, will result in thousands of unnecessary deaths per year. The new rule parallels a similar effort by the Trump Administration to roll back new mileage standards implemented by Obama with the cooperation of the auto industry, which the National Highway Traffic Safety Administration (NHTSA) says will save thousands of lives as well. So, yes, Trump is now purposely killing Americans and lying about it by claiming U.S. air and water has never been cleaner. That, according to actual findings from the Government, is also untrue, as pollution has increased over the past two years since Trump became President.

We're then joined by Slate's Stern for a review of this week's SCOTUS rulings and an explanation for some of the "strange bedfellow" partnerships found in several of them. Among the opinions discussed today...

  • A Supreme Court "punt if I've ever seen one," according to Stern, on a case involving yet another bigoted baker, this time in Portland, who refused to sell a wedding cake to a same-sex couple. The Justices sent that case back down to the lower court for review, though Stern suggests they are largely buying time before being forced to determine, once and for all, whether discrimination against LGBTQ people is Constitutional. "The Court can't duck this forever," says Stern;
  • The largely good news ruling of the week is for voters in Virginia, where a 5 to 4 majority opinion results in new, fairer, more competitive legislative districts in advance of the Commonwealth's statewide elections this November. The Justices held that the GOP-gerrymandered House of Delegates did not have standing to appeal new legislative maps implemented by lower courts to correct 11 districts found to have been unlawfully and unconstitutionally racially gerrymandered following the 2010 Census. Only the state's Attorney General, a Democrat, who initially challenged the ruling on behalf of the state but later declined to appeal the lower court's ultimate ruling, has such standing, the majority determined.

    But the majority opinion, written by Justice Ruth Bader Ginsburg was joined, unsurprisingly, by Justices Elana Kagan and Sonia Sotomayor, and much more surprisingly by Justices Clarence Thomas and Neil Gorsuch! Moreover, the minority dissent, penned by rightwing Justice Samuel Alito was also joined by the normally progressive Stephen Breyer. Stern offers an explanation for what appears to be very strange bedfellows on this opinion, and whether the ultimate outcome --- while very good news for Democrats who hope to take control of one or both chambers in the VA legislature this November --- will be good news or bad news for Democrats and Republicans in the future;

  • We then move to what Stern describes as "a tough but interesting case", for his explanation of the Court's affirmation of what has long been considered a loophole in the U.S. Constitution allowing an exception to its restriction on double-jeopardy cases. In fact, as the Court held in a 7-2 decision, virtually identical indictments may be brought against the same person, for the same crime, so long as they are brought in separate State and Federal jurisdictions, which are considered to be "separate sovereigns". On the minority in this case was another odd couple, Ginsberg and Gorsuch, while Thomas --- who previously decried the Double-Jeopardy Loophole by calling for a "fresh examination" of it --- chose not to vote for ending it when he had the opportunity. He did, however, take the opportunity to write a concurrence in the case, calling for reversing other long-held SCOTUS precedents, such as those which allow women the right to choose to have an abortion. "He used his opinion to launch into this crazy attack on precedent, that was clearly laying the groundwork for an attack on cases like Roe. vs. Wade" and marriage equality;
  • Finally, Stern offers some thoughts on the Court's expected opinion, due any day now, regarding the Administration's attempt to add a question on citizenship to the 2020 U.S. Census. That determination is still expected, despite evidence unearthed after oral argument that proves the Administration lied about their reasons for adding the question, which, according to the Census Bureau itself, will reduce participation. That, in turn, is expected to radically shift government funding and citizen voting power from Democrats and minorities toward white Republican jurisdictions. We discuss that bizarre matter --- and how SCOTUS can possibly rule on the case now, given the new evidence revealed from the hard drive of a now-deceased GOP gerrymandering expert following the Court's hearing months ago --- and a few of the other expected important decisions to come in the next two weeks before the Justices leave town for Summer vacation...

Download MP3 or listen to complete show online below...

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Guest: Suzanne Almeida of Common Cause; Also: Lack of campaign finance charges against Don Jr., Manafort threaten 2020 elections...
By Brad Friedman on 3/27/2019 6:02pm PT  

On today's BradCast: Something seemingly very interesting may have occurred at Tuesday's oral arguments on two separate, if related, partisan redistricting cases at the U.S. Supreme Court. The results, believe it or not, could change the outcome from what many voting rights advocates had previously predicted following the resignation of Justice Anthony Kennedy and the subsequent seating of his far-right replacement Justice Brett Kavanaugh. [Audio link to complete show is posted at end of article.]

The scourge of state legislative and Congressional maps drawn for partisan advantage by the party in power after a decennial Census has crippled democracy and the voting power of citizens for decades in the U.S. But the GOP dramatically upped the stakes following the 2010 Census when they employed highly sophisticated computer mapping techniques to ensure themselves huge electoral advantages over the ensuing ten years by drawing extremely partisan maps that "packed" Democrats into a small number of districts or "cracked" them among several in order to dilute the voting power of non-Republicans.

It's a practice that Democrats have carried out as well, if not to the same extreme as Republicans who took over many statehouses in the 2010 "red wave" election. A new analysis from AP finds that 2018's "blue tsunami" election, for example, would have been much larger for Congressional Democrats, were it not for many extremely partisan GOP-drawn maps in a number of key states, including North Carolina, Ohio, Indiana, Wisconsin, Alabama and Texas. The AP study finds "Republicans won about 16 more U.S. House seats" than they would have under fair maps. Similarly, "Republicans' structural advantage might have helped them hold on to as many as seven [state legislative] chambers that otherwise could have flipped to Democrats."

While the U.S. Supreme Court has long found gerrymanders on a racial basis to be unconstitutional, they've yet to affirm the many lower court rulings finding partisan gerrymanders to be similarly unconstitutional. Last term, when many believed SCOTUS was prepared to do so, the Court punted instead on several cases of extreme partisan maps in Wisconsin, North Carolina and elsewhere, before Justice Kennedy --- thought to have been the likely swing-vote in favor of ending the odious practice --- announced his retirement.

On Tuesday, one of those cases, Common Cause v. Rucho --- where a federal appeals court determined (twice!) that North Carolina's Congressional maps were unlawfully skewed for Republicans (they've held a 10 to 3 advantage in their Congressional delegation for the past decade, despite the state being almost evenly divided between Republican and Democratic voters) --- was heard again at SCOTUS. Another case, Benesik v. Lamone, in which a single Congressional district in Maryland was drawn by Democrats specifically to remove an incumbent Republican, was heard as well.

And while many voting rights advocates have not had high hopes for either case, given the even farther-right leaning majority on the court following Kennedy's retirement, there were some surprises during oral argument, particularly from Justice Kavanaugh whose decision in one or both of the cases could change history by delivering a major win for voting rights.

We're joined today to discuss these potentially encouraging developments with SUZANNE ALMEIDA, Redistricting and Representation Counsel for Common Cause, the lead plaintiff in the NC case. She was in the Court on Tuesday for both hearings and explains what seems to have happened, offers insight on what could now occur, decries why these cases are so important, and what may happen when SCOTUS finally delivers it's crucial opinion in June in advance of both the crucial 2020 elections and the subsequent redistricting of all 50 states that will follow the 2020 Census.

"The North Carolina case is a particularly egregious case, for a couple of reasons," Almeida tells me. "One is that we have an admission. On the floor of the General Assembly, Representative Lewis leaned into a microphone and said, 'This is a partisan gerrymander. I wanted to this map to be 10-3 because it couldn't be 11-2.' That's not the way that map-drawing should work, and that's not the way representation should work in America." She also discusses, for example, how one district line drawn by the GOP in North Carolina actually splits an historically African-American college in two, so that its voters are diluted into two separate Republican-leaning districts.

As to the matter concerning Kavanaugh, who was reportedly disturbed by his own district in Maryland, where he lives, being gerrymandered by Democrats to prevent Republican representation, Almeida confirms that he seemed to want to find a standard that could be used by courts to determine if districts were unlawfully gerrymandered on a partisan basis. She says she shares "the characterization that Justice Kavanaugh has a personal interest in the Maryland case ... And he was pushing back quite strongly against the advocate for the state."

Almeida also pushed back at the notion from Justices on the right that Courts should simply stay out of these matters, and leave them to voters and the legislators who drew the maps to keep themselves in power in the first place, she tells me: "This idea that the Court has that somehow this is self-correcting, or will fix itself through the magic of the political process, just doesn't work. And that's because gerrymandering is about power, and people in power staying in power. And when the people in power have that power to make the rules and draw the lines, that's what they're going to keep doing."

She adds that comments from Kavanaugh and even Chief Justice Roberts during the proceedings on Tuesday are "reason to be optimistic". But I'll wait until the opinions come out in June before popping any champagne bottles on what could be, according to Mark Joseph Stern at Slate the "most important voting rights victory of the century so far."

Also on today's program: Speaking of 2020, some curious questions about why nobody from Team Trump --- particularly Donald Trump Jr. or campaign chair Paul Manafort --- has yet been charged with campaign finance violations regarding "soliciting" and/or "accepting" a "thing of value" from a foreign government, as clearly occurred in relation to the now-infamous June 2016 Trump Tower meeting with a number of Russian nationals. Election law expert Rick Hasen argues that the lack of indictments brought by Special Counsel Robert Mueller in this matter does not bode well for the Dept. of Justice's plans to enforce election laws that bar "foreign governments from sharing information --- even information obtained from illegal hacking --- with campaigns, for the purposes of influencing the 2020 election...and beyond"...

Download MP3 or listen to complete show online below...

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McConnell won't allow Senate vote on HR-1 or restoration of Voting Rights Act; Also: Hand-marked paper ballots for PA County; Cohen sues Trump Org; Brown won't run in 2020; GOPers re-thinking climate denial...
By Brad Friedman on 3/7/2019 6:18pm PT  

54 years to the day after the Bloody Sunday march in Selma, Alabama led to the landmark Voting Rights Act of 1965, and nearly 6 years following the rightwing U.S. Supreme Court's gutting of the VRA's most crucial provision, Republicans in Congress are still both blocking its restoration and working to prevent the Democrats' newly introduced and much-needed effort to expand voting rights. That's just one of a number of outrages on today's BradCast, otherwise brought to you with no small measures of hope to counter-balance the outrages. [Audio link to today's complete show is posted below.]

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

  • Michael Cohen is suing the Trump Organization for at least $1.9 million dollars to cover his legal expenses which they had apparently promised to pay --- at least until Cohen began cooperating with federal investigators.
  • Another worthy Democratic Senator, Sherrod Brown of Ohio, announces he will not seek the Democratic nomination in 2020. He joins Sen. Jeff Merkley of Oregon, former NYC Mayor Michael Bloomberg, former Attorney General Eric Holder and (for the most part) Hillary Clinton who all declared this week that they will not be seeking the Presidency this year.
  • Some good news for voters out of the Republican-leaning Butler County, Pennsylvania. Officials there have decided to dump their 100% unverifiable touchscreen voting systems in favor of hand-marked paper ballots. The local news report of this common sense measure in at least this one corner of the important swing-state is somewhat of a hoot, as we share on today's program.
  • Meanwhile, back in Congress, House Democrats will soon be holding a vote on HR-1, the "For the People Act", a massive elections and ethics measure which, among things things, calls for automatic universal voter registration; the expansion of early voting; an end to mass voter purges; independent redistricting commissions to avoid partisan gerrymandering; allows every voter in America to cast their vote on a hand-marked paper ballot; endorses D.C. statehood; requires disclosure of funders to dark money groups; and requires Presidential candidates to release their tax returns. Naturally, Republicans oppose the measure, and Mitch McConnell vows to not allow it to see the light of day in the U.S. Senate, even if it passes in the U.S. House as expected.
  • Similarly, Democrats in the House and Senate have introduced the Voting Rights Advancement Act, a bill to restore Section 5 of the Voting Rights Act, by reinstating the requirement for the federal government to pre-approve new election-related laws in jurisdictions with a history of racial discrimination at the polls. Naturally, Republicans oppose the measure, and Mitch McConnell vows to not allow it to see the light of day in the U.S. Senate, even if it passes in the U.S. House as expected.
  • Next, there is some curious movement in the Republican Congressional caucus in regard to climate change. Clearly reading the writing on the wall, as the public overwhelmingly not only believes in global warming but is becoming increasingly concerned about it, longtime GOP science deniers in both the House and Senate are finally admitting that man-made greenhouse gas emissions are the cause of it. The recent introduction of the wildly popular Green New Deal by Democrats --- a sweeping effort to move the nation to 100% carbon-neutral energy sources and provide millions of jobs over the next ten years --- is another reason Republicans are now acknowledging they must do something about climate change, if only for appearances. We discuss what could be a sea-change (or not) in this long, existential battle today.
  • Finally, on related matters, Desi Doyen joins us for the latest Green News Report, with disturbing news on toxic coal ash waste found in groundwater in 39 states, plastic pollution found in the deepest parts of the ocean, former military officials slamming the Trump Administration over their climate change denial, and Democrats vowing --- as they now are with elections and voting rights, as well --- to go on the offensive in the U.S. Senate...

Download MP3 or listen to complete show online below...

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Legal scholars find DoJ opinion fails to consider Constitutional measure for Executive Branch continuity during a President's criminal trial...
By Ernest A. Canning on 12/17/2018 9:35am PT  

So long as there is a prospect for the issuance of a pardon by a Vice President once he/she becomes President, or the expiration of the statute of limitations while a President remains in office, the indictment of a sitting President may be the "only" constitutional means for ensuring "Equal Justice Under Law".

That conclusion, of course, is at odds with the official U.S. Department of Justice (DoJ) position that a sitting President cannot be indicted until after he/she leaves office. The DoJ's position is based upon the December 10, 2000 Opinion issued by the DoJ's Office of Legal Counsel (OLC), citing an earlier OLC opinion that "the institution of criminal proceedings 'would interfere with the President's unique official duties, most of which cannot be performed by anyone else.'"

But that position is flawed and is being challenged by a number of legal scholars, including Harvard Law Professor Laurence Tribe, a preeminent constitutional expert, whose famous former students include Supreme Court Chief Justice John Roberts and President Barack Obama.

In a December 10 Boston Globe op-ed and during a subsequent appearance on MSNBC's Last Word with Lawrence O'Donnell (see video below), Tribe noted that the long-controversial OLC opinion lacks the force of a judicial precedent and is at odds with the legal accountability required of all federal officers, including the President...

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




Guest: Slate's Mark Joseph Stern with legal insight on a fire hose of news, from Ivanka's emails to Whitaker's appointment to Trump's trouble in court to encouraging midterm push-back against partisan gerrymandering...
By Brad Friedman on 11/20/2018 6:43pm PT  

On today's BradCast, we fly through a mountain of incoming stories (with the help of a great guest!) as the news gods seem to be unleashing a tidal wave in advance of the Thanksgiving Day holiday. [Audio link posted below. Buckle up before clicking.]

Among the ridiculous number of stories covered today...

  • Five are dead after three shootings in three different states over the past 24 hours;
  • Despite warning of an "invasion" on the U.S. southern border by a migrant caravan from Central America prior to the midterm elections, now that the elections are done, the Trump Administration is reportedly withdrawing more than 5,000 military troops they had deployed to the border just weeks ago;
  • The President's daughter and senior adviser Ivanka Trump reportedly sent hundreds of government related emails via a private email server over the course of 2017 in the months following her father's election in which he repeatedly called for his opponent, Hillary Clinton, to be "locked up" for doing the same thing. Ivanka's husband, Jared Kushner, also a senior adviser to Trump, reportedly used the same private server for government-related communications.

On the election results front...

  • Republican Rep. Will Hurd has reportedly squeaked out a victory over Democratic challenger Gina Ortiz Jones in Texas' 23rd Congressional District. The contest was among a handful of still-undecided races;
  • At the same time, Democrat Ben McAdams appears to have pulled back into the lead over GOP Rep. Mia Love in Utah's 4th Congressional District, where it now appears McAdams will be the victor by fewer than 700 votes out of some 270,000 tallied, flipping yet another U.S. House seat from "red" to "blue". The final margin is reportedly 0.258%, just above the 0.25% that would have allowed Love to request a recount in the otherwise ruby "red" state.
  • When the few remaining undecided U.S. House seats are called, Democrats appear on track to have picked up an extraordinary 39 seats in their "blue wave".
  • One of the three still-undecided House races is in Georgia, where this year's Libertarian candidate for Sec. of State has now endorsed Democratic candidate John Barrow in the upcoming December 4th runoff against Republican Brad Raffensperger to replace GA's vote suppressing Sec. of State, now Governor-elect Brian Kemp;
  • In Wisconsin, Democrats won every single statewide race on November 6th, including Governor (unseating Scott Walker) and U.S. Senate. They also outvoted Republicans in State Assembly races by 8 percentage points, 54 to 46 percent. Nonetheless, thanks to the GOP's extreme partisan gerrymandering in the Badger State, Republicans will hold 63 seats to the Democrats' 36 in the new Assembly;

The great (and newly wed!) MARK JOSEPH STERN, legal journalist at Slate, joins us to discuss how voters pushed back against gerrymandering this year by approving ballot initiatives --- and other measures --- in several states on November 6th, in an attempt to restore fair(er) elections in the wake of the U.S. Supreme Court opting to not strike down partisan gerrymanders as unconstitutional in states such as Wisconsin and North Carolina earlier this year. Among the many other issues we fly through with Stern today, on which he offers his as-always cogent legal insight...

  • Ivanka and Hillary's email issues (Stern hopes a Democratic House investigation will result in real reform to the "arguably improper" if not unlawful use of private email by officials like Trump and Clinton, though not in the opportunistic political fashion that GOPers previously dealt with the issue);
  • Trump's appointment of GOP operative Matthew Whitaker as Acting Attorney General (which Stern describes as blatantly "illegal" and, he believes, very likely to be struck down by the Courts). He also describes the DoJ's legal defense of the maneuver as "laughable";
  • A federal court on Monday night blocked the Trump Administration's new regulation denying asylum claims by immigrants who fail to present themselves at a port of entry (Stern explains the judge found the Administration's new rule to be in strict violation of federal laws, and predicts that even Chief Justice John Roberts, based on similar rulings he made against the Obama Administration, will be forced to agree when the case reaches SCOTUS);
  • The decision by a Trump-appointed federal judge to order the White House to restore press credentials to CNN's Jim Acosta (Stern is impressed with the Trump judge's anti-Trump ruling, I remain a bit more skeptical);
  • And how (and why) Trump's controversial new Justice Brett Kavanaugh has, so far, laid low by not yet fuly tossing in with the Court's nihilist right-wing caucus.

Finally, Desi Doyen joins us for our latest Green News Report as the catastrophic wildfires continue to burn in California, Trump shows up to make things worse, and a coming turn in the weather signals both good news and bad for firefighters and recovery workers amid the record disaster...

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Guest: Fordham Law's Jed Shugerman; Also: More reported vote.org registration probs; Vote-flipping in MO; Willie Nelson's 'Vote 'em Out!'...
By Brad Friedman on 10/5/2018 6:46pm PT  

On today's BradCast, the GOP's far-right take-over of the U.S. Supreme Court for generations --- including one blatantly stolen seat and two men accused of sexual misconduct and/or assault --- is now all but complete, and we discuss an upcoming SCOTUS case that some have cited as reason for the Trump/GOP panic to get their man on the bench as soon as possible. [Audio link to show is posted below.]

On Friday, the four theoretically previously-undecided U.S. Senators announced how they planned to vote on the confirmation of accused sexual assaulter and confirmed liar Brett Kavanaugh for his lifetime appointment to SCOTUS. Republican Sen. Lisa Murkowski of Alaska announced her intention to vote against him, while Republicans Susan Collins of Maine, Jeff Flake of Arizona and Democrat Joe Manchin all declared they will vote in favor of the most contentious nominee to the high court, perhaps in U.S. history. We discuss what all of that means today, moving forward, as the far-right cements its stolen majority. As you might imagine, both Desi and I have some thoughts on all of that today.

Then, we're joined by legal historian and Fordham Law School professor JED SHUGERMAN, author of The People's Courts, to discuss the upcoming Supreme Court case that many Trump opponents have cited in recent days as one of the explanations for Republicans' apparent panic to seat Kavanaugh on the Court as quickly as possible. The case, Gamble v. U.S., involves what some on both the Right and civil libertarian Left consider to be unconstitutional double jeopardy regarding an Alabama man who was convicted at both the state and federal levels for unlawful possession of a firearm. Some Trump critics have suggested, depended on how its decided, that the case could result in states being barred from prosecuting Donald Trump, his associates, or his family members in the event that they are pardoned at the federal level.

Shugerman --- who was one of more than 2,400 legal professors to sign on to a recent letter published by the New York Times calling on the Senate to reject Kavanaugh's nomination due to his lack of appropriate judicial temperament --- explains why he believes the Gamble case poses no threat to state prosecutions of Trump and/or his associates, nor to Special Counsel Robert Mueller's investigation and prosecution of Team Trump.

He also explains today why he signed the public letter opposing Kavanaugh, how it now may affect lawyers who signed it when arguing cases before Justice Kavanaugh, why he believes the GOP has been in such a hurry to seat Kavanaugh, and the "completely unprecedented" public opposition to him by former Supreme Court Justice John Paul Stevens.

Shugerman also describes some of his major concerns for the Court once Kavanaugh is finally in place: how Chief Justice John Roberts is going to be forced to deal with it. "How is he going to manage this explosive controversy and the unprofessional conduct, the injudicious conduct, of Judge Kavanaugh? How will he restore consensus to this Court? How will he manage Judge Kavanaugh, given that he should have reason to fear that Judge Kavanaugh cannot be balanced, and won't be perceived to be balanced when he's on the Court?"

Finally today, some listener mail regarding more voter registration problems via the vote.org service (we recommend registering either in-person or via your Sec. of State or County website, rather than via third-party app, is possible); the first reports of 100% unverifiable touchscreen vote-flipping in the general election (in the very close U.S. Senate race in Missouri between Democratic Sen. Claire McCaskill and her GOP challenger Josh Hawley); and Willie Nelson's new song, Vote 'em Out!, debuted for the first time at last weekend's 55,000-person rally in Texas, in support of Democratic Congressman Beto O'Rourke's surging campaign against Lone Star State Republican Sen. Ted Cruz...

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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...

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Guest: David Daley of FairVote.org on 'Gill v. Whitford'; Plus: Updates on the disaster in Puerto Rico, gun massacre in Las Vegas...
By Brad Friedman on 10/4/2017 6:28pm PT  

On today's BradCast, the future of American democracy itself is once again in the hands of a now-stolen U.S. Supreme Court, in what democracy advocates describe as a case that is likely to help determine the partisan balance of Congress and state legislatures for decades.

But, first up today: Updates on Donald Trump's embarrassing Tuesday jaunt to hurricane-torn Puerto Rico, where the official death toll has now doubled from 16 to 34 and is expected to go much higher as 3.4 million U.S. citizens on the island still face desperate circumstances with food and water shortages and 95% of the island remains without power two weeks after Hurricane Maria (despite Trump's bizarre claims to the contrary.) Also, a few updates on what little more we now know about the massacre in Las Vegas on Sunday, the lack of a known motive for the deadliest mass shooting in modern U.S. history, and the shamefully transparent attempts by both the White House and Congressional Republicans to avoid any legislative policy action in its wake.

Then we move on to what democracy advocates describe as one of the most important cases to be heard by the U.S. Supreme Court in years. Oral arguments in Gill v. Whitford were heard on Tuesday. That is the case where a three-judge federal court determined the state of Wisconsin had used severe (and secret) partisan gerrymandering to redraw district maps after the 2010 census. In so doing, despite receiving a minority of votes (48.6%) after the new maps were drawn, Republicans gained an extraordinary 60-to-39 majority in the State Assembly.

The GOP is now appealing that federal court ruling to SCOTUS, which has held racial gerrymandering to be unconstitutional in the past, but has never ruled on whether purely partisan gerrymandering, as in this case, violates the Constitutional rights of voters.

We're joined by the man who wrote the book on modern-day gerrymandering, DAVID DALEY, author of Ratf**ked: The True Story Behind the Secret Plan to Steal America's Democracy. Daley, formerly Editor-in-Chief at Salon, now Senior Fellow at at FairVote.org, spent the night on the sidewalk outside the Court on Monday, to get one of 50 seats at Tuesday's hearing.

He explains how high the stakes are in this case (which could result in court challenges to electoral maps in virtually every state in the union), the arguments presented by both sides in the matter, and how everyone --- attorneys and Justices alike, were focused on making their case to Justice Anthony Kennedy, who will most likely determine the course of U.S. democracy for decades to come, thanks to the Republicans' stolen 5 to 4 majority on the Supreme Court itself.

"This case is everything," Daley tells me. "If this case is not decided on the side of democracy, on the side of competitive elections, there will be nothing to stop Republicans, who are likely to be holding the pens in all of these states in 2021 from doing the same thing, only with more sophisticated technology that's developed over the last decade, with better data analytic skills than they had in 2011, with stronger predictive algorithms to try to figure out where people are going to live and how they are going to vote for the next decade. It will be 2031 before Democrats get another shot at the maps if this case is decided the other way."

Daley sees the case now before the Supremes as "potentially bigger" than either 2010's Citizens United, which gutted campaign finance laws, or 2013's Shelby County, which gutted the Voting Rights Act. "This is the future of our democracy right here."

"Republicans reinvented the gerrymander in 2010 and 2011. This is not the same kind of gerrymander that you had 'back in the day.' This is different," he insists, as I press him on whether Democrats are carrying out the same type of partisan maps in states that they control. "This is space-age extreme gerrymandering on steroids. It has given Republicans huge advantages in all of these states that they control. Ohio, a very swing state, is represented by 12 Republicans and 4 Democrats. Michigan is 9-5, even though Democrats in 2012 got a quarter of a million more votes. These are 50-50 states and it has made our politics deeply uncompetitive. There's no swing in these swing districts. You have not had a single seat go from red to blue in any of those swing states. On these maps, no seats have gone from red to blue this entire decade."

Incredibly, the Republican Justices other than Kennedy seem to believe the matter should not be decided by the courts, but should be left to the same rigged legislatures which created this mess in the first place. "In Michigan, this last decade," he notes, "Democrats have gotten more total votes every time. Republicans have kept control. This is the case in state after state. They have enshrined this problem. We need the Court here to come in and fix democracy"...

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But justice may soon be at hand due to a governmental realignment...
By Ernest A. Canning on 6/15/2017 10:05am PT  

In his April 1963 Letter from a Birmingham Jail, Dr. Martin Luther King, Jr., lamented: "Justice too long delayed is justice denied". No case underscores the civil rights icon's assertion better than the years long fight by North Carolina Republicans to keep unlawfully gerrymandered state and Congressional district maps in place, long after they've been repeatedly found by courts to be in violation of the law and the Constitution.

The tortured history of Covington v. North Carolina --- a "successful" challenge to the illegal racial gerrymandering of 28 of North Carolina's state House and Senate Districts --- exposes the injustice occasioned by Republican tactical delays. It is a strategy that, thanks to those racial gerrymanders, permitted Tar Heel State Republicans to retain overwhelming majorities in the legislature following last November's General Election –- 34-16 in the state Senate and 74-45 in the House --- even though, in the very same statewide election Democrats Roy Cooper and Joshua Stein were respectively elected governor and attorney general.

But a recent ruling by the U.S. Supreme Court should finally result in new maps, and Special Elections under them, in the Tar Heel State, where the maps have been in place for elections since 2012. Recent legal precedent and a political realignment are on the side of those seeking to force the state to finally carry out those new elections in 2017, rather than waiting for the 2018 mid-terms...

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




52 years following LBJ's Voting Rights Act speech, and four since the VRA was gutted by SCOTUS, two recent cases prove it's still much needed...
By Brad Friedman on 3/16/2017 6:24pm PT  

On today's BradCast, it was another bad day in court for Donald Trump, a disturbing day in the nation (and around the world) for those who care about science, the arts, the war ravaged and the poor, and a pretty encouraging week for those voters who actually give a damn about racial discrimination at the polling place. [Audio link to show is posted below.]

Donald Trump's second attempt at a travel ban is, so far, not faring much better than his first one. Two federal courts have now blocked his newer Executive Order attempting to block Muslims and refugees from entering the country.

In the meantime, Trump finally released his alarming budget proposal, detailing draconian cuts to science, the arts, and policies that assist and aid the poor, in order to pay for a massive $54 billion increase in military spending and the border wall between the U.S. and Mexico. The cuts, if they were to be enacted, are far worse than you might have imagined, and even more drastic than many Congressional Republicans --- and even some in Trump's own Administration --- had been calling for. We detail the cruel mess and some of the responses, including one from the Corporation for Public Broadcast (for which each American pays just $1.35 per year), and who, along with the National Endowment for the Arts and organizations which help the poor and hungry across the globe, would be wiped out by Trump's "American First: Budget Blueprint to Make American Great Again".

Then, on the 52nd anniversary of President Lyndon B. Johnson's historic 1965 introduction of the Voting Rights Act in Congress following the Bloody Sunday march in Selma, Alabama --- and four years since the U.S. Supreme Court gutted that landmark voting law in 2013 --- several court cases over the past week have, once again, found racial discrimination at the polling place by elected officials. We cover two such cases today, one that unlawfully purged African-American voters in a rural Georgia county before a white man unseated a black incumbent mayor in 2015, and the other, with far-reaching implications, in Texas, where a 2 to 1 appellate court ruling finds the state intentionally discriminated against Hispanic voters when drawing up its 2011 Congressional redistricting maps. That ruling (with a remarkable dissent) could result in the state being required to once again obtain federal pre-clearance under the VRA before enacting any new voting laws in the future.

Finally, we close with an amusing --- and telling --- look at what Fox "News" considers to be "anti-Trump media bias"...

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Guest: Attorney Mark Joseph Stern of Slate...
By Brad Friedman on 2/22/2017 5:08pm PT  

On today's BradCast, as dark as yesterday's show was, today is somewhat the opposite, with a whole bunch of encouraging news from the courts and the people across these United States. [Audio link to show follows below.]

Attorney and legal journalist Mark Joseph Stern of Slate joins us to break down the full 4th Circuit Court of Appeals' potentially landmark decision upholding the state of Maryland's ban on semi-automatic "weapons of war" and the U.S. Supreme Court's ruling today on a race-based death penalty case out of Texas.

On MD's ban on military-style assault weapons, enacted by the legislature following the 2012 Sandyhook Elementary school massacre, the full court's majority ruling, including a number of Republican-appointed judges, soundly rejected the opponents argument that, as Stern says, "once enough people own a certain type of gun, the 2nd Amendment magically begins to protect it." He explains what may happen next with this case as it moves toward the Supreme Court and offers his thoughts on why GOPers and the NRA are suddenly unconcerned with their "states rights" arguments when it comes to guns.

On the SCOTUS death penalty case, granting a repreive, for now, to a Texas man on death row since 1997, Stern explains how the case underscores that "people who are sentenced to death in this country get the worst lawyers sometimes...It's really quite shocking." Incredibly enough, Chief Justice John Roberts eloquently agreed --- at least in this case.

And more encouraging news also covered today...

  • A federal court in Texas blocks the state's attempt to defund Planned Parenthood;
  • North Carolina's Democratic governor moves to withdraw the state's appeal to SCOTUS, filed by his Republican predecessor seeking to overturn a federal appeals court finding that the state's election reform law unconstitutionally discriminated against African-Americans "with surgical precision";
  • An FEC commissioner refuses to back down in the face of legal threats from Koch Brothers'' funded group after her demand to see Trump's alleged evidence of thousands of illegal votes cast in New Hampshire's 2016 Presidential election;
  • Another new poll finds Trump's approval ratings "sinking like a rock";
  • A Muslim group raises $90 thousand (so far) to help repair the desecrated Jewish cemetery in St. Louis, MO;
  • A people continue to exercise democracy, whether Republicans and Donald Trump like it or not, by showing up in huge numbers at Congress member town halls across the country...

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'Rephrased' questions to be heard by Court may not result in as definitive ruling as hoped, expected...
By Brad Friedman on 1/20/2015 6:35am PT  

UC Irvine law professor Rick Hasen was among the first to notice the "strange rephrasing" of the questions the U.S. Supreme Court agreed to hear [PDF] when it combined four different marriage equality challenges on Friday.

The questions from the different appellate court challenges that the Court agreed to entertain --- after the 6th Circuit broke with every other federal appeals court in the nation and allowed restrictions to remain on marriage rights in Michigan, Kentucky, Ohio and Tennessee --- were combined to just two questions on which the Supremes agreed to hear arguments:

1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?

2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

Hasen described the way the first question was written as "quite odd", explaining: "Rather than ask about an equal right of gays and lesbians to marry same sex partners, it asks about the right of the states to deny same sex marriage."

Indeed, amid the jubilation following the narrow 2010 ruling by SCOTUS in the Windsor case, which effectively struck down the federal Defense of Marriage Act (DOMA), The BRAD BLOG's legal analyst Ernest Canning pointed out that "by limiting its decision...the court left open to future adjudication of two vitally important questions":

1. Do same-sex couples have a constitutional right to marry in states which have not formally recognized the right to do so?

2. Must states, which do not permit same-sex couples to marry, recognize the marital rights of those same-sex couples who have chosen to marry in other states where it is permitted?

Note the difference in the wording of Canning's "unresolved questions" from 2010 and how the Court has subtly adjusted the issue raised in the first question to become one of state's rights, rather than of equal justice under the law for the same-sex couples to be married there.

Hasen observes that the Court's new wording also "leaves open the possibility that states could get out of the marriage business entirely," as unlikely as they may seem. Other legal experts, such as Ilya Shapiro at Forbes, agreed the re-wording of questions by the Court was "unusual". "Typically the justices simply decide whether to take a case based on the petitioners' articulation," he explained.

Hasen says the unusual reframing by the Court and the late hour in the day on Friday that their order was finally released, "raises the question of why were they rewritten" in the way they were, and "with an accompanying direct order --- I've not seen that before --admonishing the parties to stick with discussing these questions presented."

So, is something afoot here?...

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




Case is larger than Wisconsin, presenting a moment of truth for American democracy and at least two Justices on the high court...
By Ernest A. Canning on 10/2/2014 6:06pm PT  

On Thursday morning, the ACLU filed an Emergency Application to Vacate [PDF] with the U.S. Supreme Court to vacate a Sept. 14, 2014 stay of a U.S. District Court ruling that had, before the stay, permanently blocked enforcement of a Republican-enacted, Wisconsin photo ID voting law.

The civil rights organization argues that the emergency ruling is needed to prevent mass disenfranchisement and electoral chaos during the upcoming Nov. 4 election. It asks that the Court "leave that injunction in force pending the Seventh Circuit's issuance of a decision on the merits."

As the District Court judge had found, before his decision was overturned by a partisan ruling at the Appellate Court level, Wisconsin's attempted restriction on the voting rights of legally registered voters poses a real and present danger that some 10% of the Badger State's duly registered electorate will likely be prevented from voting in the rapidly approaching November 4 election.

The District Court's injunction had been stayed as a result of a deadlocked court, in which five bipartisan members of the ten-judge U.S. 7th Circuit Court of Appeal described in a Sept. 29 Opinion [PDF] as a "brazen" and "shocking" disregard of both precedent and the right of the minority to vote. That "shocking" position had been advanced by the attorneys representing Republican Gov. Scott Walker and first accepted by an all-GOP, three-judge panel that had issued an extraordinary, 11th hour decision to vacate the lower court's injunction.

The case now poses an enormous test for at least two key Justices on the high court. Will Chief Justice John Roberts and Justice Anthony Kennedy adhere to the very principles they signed on to when they joined the plurality opinion authored by former Justice John Paul Stevens in the landmark 2008 SCOTUS decision in Crawford v. Marion County Board of Elections? That case upheld Indiana's Photo ID law against a "facial" challenge solely because, in the words of the plurality opinion, there was no evidence before the court at the time to prove anyone would be disenfranchised or that their right to vote would be unduly burdened by the law.

In signing onto Steven's lead opinion, both Roberts and Kennedy agreed that election laws, including photo ID voting restrictions, are subject to the Anderson/Burdick test. That test mandates that courts, on a case-by-case basis, measure a law's potential damage to voters' right to vote against the specific claims made by the state as to why such additional burdens and restrictions are necessary. Given that the state has offered no legitimate reason for potentially disenfranchising as much as 10% of Wisconsin's lawfully registered voters, Roberts and Kennedy cannot refuse to lift the stay without a total abandonment of principle...

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



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