On today's BradCast: It's no longer only political pundits and activists calling for Democrats to pack the U.S. Supreme Court by adding several seats as soon as possible, in the wake of the Republican Party's blatant theft of the high court majority. Esteemed law professors are now joining that call. [Audio link to show follows below.]

But, first up today, a word or two on the President of the United States' appalling celebration of violence against journalists at a political rally in Montana on Thursday night. To the cheers of his supporters, Donald Trump praised the criminal assault on Guardian journalist Ben Jacobs by Republican U.S. House member Greg Gianforte. The attack last year was carried out by Gianforte, and caught on tape, on the eve of his special election to the state's only U.S. House seat.

"Any guy that can do a body slam --- he's my kind of guy," Trump declared to laughter and wild applause from supporters at the campaign rally for Gianforte in Missoula on Thursday, lauding him as "one tough cookie." The Congressman initially lied to police after the assault, claiming that he was attacked by Jacobs. Later, after he won the election, and after a Fox News crew who witnessed the attack detailed what actually happened, Gianforte pleaded guilty to misdemeanor assault, apologized to Jacobs and paid a small fine in addition to performing 40 hours of community service and receiving 20 hours of anger management counseling.

Trump's disgusting --- and chilling --- praise for the violent attack against a reporter doing his job, comes amidst Trump's seeming support for Saudi Arabia following their reported assassination and dismemberment of Washington Post columnist and Virginia resident Jamal Khashoggi at the Saudi consulate in Istanbul two weeks ago. Journalists today --- including the Guardian's Editor and the head of the White House Correspondents Association --- are decrying Trump's support for violence against reporters, despite his sworn oath to protect and defend the Constitution's First Amendment. We decry it --- and the dark path where it's leading --- on today's show as well.

Next, we're joined by MICHAEL KLARMAN, the Kirkland & Ellis Professor at Harvard Law School to discuss his recent essay at the Take Care Blog, detailing "Why Democrats Should Pack the Supreme Court" if they are ever able to regain control of the White House and both chambers of Congress. The public conversation in support of expanding the number of seats on the high court --- which can be done statutorily, without a Constitutional Amendment --- has been intensifying in recent weeks. What had begun as a call from activists to restore a Democratic majority, stolen from them by Republicans in 2016, has quickly spread to academic and legal circles.

Klarman, the author of many books on American law and history and a former clerk to Ruth Bader Ginsberg, argues that, in addition to the GOP's historically unprecedented theft of the high court and his belief that Trump was likely elected only due to unlawful foreign interference, a host of radical actions by Republicans in recent years at both the state and federal level, leaves Democrats with only the choice to respond in kind. If not, he argues, it will be nothing less than "unilateral disarmament" and an act of "political suicide" for the party.

"It's not radical. It's responding to an extraordinary rightward shift in the Republican Party that is tearing apart the rules of democracy," he argues. "The Republicans have already packed the Court," so "unpacking" it, he says, would be warranted.

"There's a kind of sickness that's been spreading in the Republican Party for the last decade or two. It's certainly not true of all Republican voters, many of whom I think would be unaware of these things, and would have a problem with them if they knew about it," he tells me. "But the Democratic Party can't go on playing by the established norms and traditions of democracy when the Republican Party is willing to do anything to win. That's unilateral disarmament. It usually doesn't work out well for the party that disarms. So this is a fairly mild way to fight back."

"My argument is not that Democrats should control the Supreme Court at any cost --- I think that's the Republicans' position, [that] 'we get to control the Supreme Court even if it means stealing an appointment.' My position is their theft has to be offset, and put us back in the position that we ought to have been at if the seat hadn't been stolen."

He leaves the case of whether Dems should run on a promise to expand the Court, or wait until they gain back control before announcing such a plan, to political scientists, but he notes: "We're going to have to think creatively in order to rescue democracy. And that may mean occasionally fighting back in ways that Democrats don't gravitate toward naturally, and that they would prefer not to have to use at all in a normal political environment. But you can't just respond by disarming in the face of this incredible threat that the Republican Party is posing to the basic norms and institutions of democracy."

Finally today, more news on the ongoing allegations of attempted voter suppression, particularly in southern states once covered by the Voting Rights Act until the central part of the Act was gutted by SCOTUS Republicans in 2013. That, on the same day that Trump's former longtime lawyer and business partner Michael Cohen broke his media silence to plead with the American public to vote this November or face "another two or another six years of this craziness." And then we enjoy another musical close to today's show, this time from actress Jenifer Lewis, of ABC's Blackish, who explains, in song, why it's time to "Get your ass out and vote!"...

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On today's BradCast, Donald Trump's trail of destruction continues to spread, as Senate Democrats fumble for a strategy to oppose his new U.S. Supreme Court nominee. [Audio link to show follows below.]

First up, the President of the United States attacked Germany in advance of today's NATO summit in Brussels, charging one of our top European allies is "totally controlled by" and "a captive of Russia". Setting diplomatic failures and ironies aside, even worse destruction continues to be waged on Americans back home.

Trump's Administration escalated his trade war with China this week, announcing plans for another $200 billion in tariffs (taxes on the American people) on imported products, after China's dollar-for-dollar retaliation against Trump's previous round of tariffs on $34 billion in imported goods. The damage from that war is already being felt on the U.S. economy, particularly on farmers in Midwestern states, where sales have been plummeting for weeks after China stopped purchasing U.S. soy beans and other agricultural goods in response. BMW, the leading auto-exporter in the U.S., has now announced that new tariffs against China are leading the company to raise prices on SUVs, and move some of their manufacturing in South Carolina (and the jobs that go with it) out of the country --- to China. Vice-President Mike Pence is being dispatched this week to Midwestern states to try and convince GOP donors to stick with the party, despite the damage being done to those voters and companies in "red" states who had supported Trump.

As that self-destruction plays out, the Administration continues its pointless and cruel attacks on the Affordable Care Act (ObamaCare), even though those hurt by several newly announced cuts and refusals to make billions in legally-required payments to insurance companies (paid for by other insurance companies, not by tax-payers) --- as announced over the long holiday weekend, so few would notice --- serve to hurt mostly those who don't receive their healthcare via Obama's 2010 law. The new cuts and blocked payments, according to industry experts, will end up costing both consumers and the federal government itself much more money in the bargain, as premiums will now likely skyrocket again in 2019 and subsidy payments by the Government under the Affordable Care Act will be forced to rise along with them.

Then, we're joined by The Intercept's D.C. Bureau Chief RYAN GRIM to discuss the less-than-inspiring effort, so far, by Senate Minority Leader Chuck Schumer to unify his Democratic caucus against Trump's second U.S. Supreme Court nominee, Judge Brett Kavanaugh. Schumer is encouraging Americans to call their Senators in opposition to Kavanaugh, and Ryan reports that he is warning colleagues they face a serious backlash from their base voters if they fail to put up a brutal fight against the nominee's confirmation.

Nonetheless, Ryan's sources also suggest that Schumer's leadership on this critical issue (and others) is lacking, to put it nicely. He tells me that Schumer has determined, based on polling and the Dems' failed effort to block Neil Gorsuch, Trump's first nominee last year, that the opposition effort must focus on policy issues relating to Kavanaugh's record and the direct threat he poses to a host of hard-won Constitutional rights and statutes at SCOTUS. That, instead of a fierce procedural fight in response to the GOP's theft of the Court majority when they refused, in 2016, to vote on --- or even meet with --- President Obama's nominee to the court, Merrick Garland, for an entire year.

"He saw a lot of polling that was quite conclusive that the argument about substance was going to be the one that won out over the one over process," says Ryan.

That said, we discuss a number of options that Democrats could still pursue to block the nomination against the Republicans very thin Senate majority, including attempts to deny quorums in the Senate Judiciary Committee during Kavanaugh's confirmation hearings and/or walking out of the Capitol to deny a Constitutionally-required quorum to prevent a floor vote entirely before the November midterms. Ryan tells me that both options have been and are still being considered by some Democrats, while going on to explain some of the considerable risks those options pose and why Schumer is said to be shying away from such hardball tactics.

"It is something that has risen to the level of leadership conversations, but as of now, it's Schumer's opinion that can't be done," he tells me, adding: "I don't think anybody knows what the best path forward is. It's definitely something that's being considered. And the more attention there is to that strategy and the more pressure there is, then the more energized Senate Democrats are. So it's worth talking about, at a minimum."

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On today's BradCast: Political earthquakes. Several of them. All shaking up the political world just within the past 12 to 24 hours. As if we needed still more chaos. [Audio link to show follows below.]

We do our best to navigate through as many of those temblors --- one or two of them quite encouraging, the rest, not so much --- as possible, with the help of our guest today, JOHN NICHOLS, longtime progressive champion and Washington Correspondent for The Nation.

Among the several earthquakes covered today: Antonia Ocasio-Cortez, a 28-year old Latina and political novice unseated Democratic Rep. Joe Crowley, the fourth most powerful Democrat in the U.S. House, by a huge margin (some 15 points) during Tuesday's midterm primaries in New York's 14th Congressional District. The defeat of a 10-term incumbent, previously thought to have been a potential future Speaker of the House, by a self-described Democratic socialist who raised and spent millions less than Crowley, has sent shockwaves through the Democratic establishment.

"When we vote, this is what happens," Ocasio-Cortez declared today after her stunning upset victory, following on the heels of her viral campaign video in which she declared the race "about people versus money. We've got people, they've got money." In the strongly Democratic district in Queens and The Bronx, she is almost certain to win this November.

In Maryland, meanwhile, another proudly progressive Bernie Sanders acolyte, former NAACP Chair Ben Jealous bested several other Dems to win the nomination to run on his bold populist agenda against popular GOP Gov. Larry Hogan this November.

Also on Tuesday night, a federal judge in San Diego --- a George W. Bush appointee --- issued a ruling requiring the Trump Administration to reunite families separated at the border within 30 days or less. (Within 14 days, if children younger than 5 are included.)

On Wednesday, however, things to several turns for the worst. First, the stolen 5 to 4 majority on the U.S. Supreme Court, in yet another far-right ruling overturning decades of established law, struck down so-called agency fees that public sector unions had been allowed to charge non-union members in exchange for representing them in collective bargaining negotiations. Though federal law still requires that non-union members receive the same pay and benefits as union members, the Court's final ruling issued before Summer recess means public sector unions are likely to lose millions of dollars and hundreds of thousands of members. The decision is seen as a huge blow to labor and a long-sought victory for Republicans. In her dissent to Justice Samuel Alito's majority opinion finding the 40-year old violated First Amendment free speech rights of non-union members, Justice Elena Kagan charged her GOP colleagues with "weaponizing the First Amendment" for political purposes. "At every stop," she charged in her opinion, read from the bench, "there are block-robed rulers overriding citizens' choices. The First Amendment was meant for better things."

But the day's largest earthquake, by far, came shortly thereafter, as 81-year old Justice Anthony Kennedy, a conservative Ronald Reagan appointee, who was often the swing-vote on issues such as abortion, gay rights and other progressive causes, announced he would be retiring at the end of July.

Nichols, author of The Horsemen of the Trumpocalypse, helps us navigate all of the above today, with analysis and insight on all of today's political earthquakes, as well as my argument that Senate Democrats must now follow the so-called "McConnell Rule" --- which Senate Republicans used to prevent a vote on Merrick Garland, President Obama's nominee to fill a vacant SCOTUS seat, for nearly a year in 2016 before it was ultimately filled by Trump's nominee Neil Gorsuch in 2017.

Not only must Dems insist on no voting on any Trump nominee to SCOTUS until after the November Election and the seating of the next Senate, just as McConnell and the Republicans did in 2016, but since Repubs unilaterally changed the Senate filibuster rule in order to force Gorsuch's confirmation through with a bare majority, Dems should consider walking out entirely --- for months, if necessary --- if the absence of a Senate quorum might prevent a vote on whoever Trump nominates to fill Kennedy's seat.

Yes, shut it all down, if necessary. As I argue today, the stakes are now that high. In order to prevent the further erosion of enumerable long-held American rights and values, Democrats now need to put it all on the line in advance of the 2018 midterm primary, which could flip the balance of the upper chamber to the Democrats. Nichols responds with his own thoughts in response to my assertion, and much more --- including on some of the otherwise very good news for progressives from Tuesday's primaries...

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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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On today's BradCast: GOP dirty tricks in Montana; why an alleged torturer should be imprisoned rather than promoted to CIA chief; and, abolishing the 2nd Amendment all together. [Audio link to show follows below.]

First up: Senate Majority Leader Mitch McConnell admitted this week that stealing a Republican majority on the U.S. Supreme Court was his crowning achievement after three decades in Congress. But he's not done packing the federal courts just yet for another generation, which underscores his urgency in trying to hang on to the GOP's thin majority in the U.S. Senate this November.

That may also help to explain the bizarre situation in Montana's U.S. Senate race, where the GOP appears to have ginned up a fake Green Party candidate who was previously on the state Republican Party's payroll, in hopes of siphoning votes away from Democratic Sen. Jon Tester in an otherwise very Trumpy state. (But did the Dems do something similar in supporting a Libertarian candidate for the U.S. Senate back in 2012, the last time Tester was on the ballot?)

Meanwhile, the Senate returns from their recess next week, and will soon begin confirmation hearings for a number of recent high-level Trump cabinet and executive agency nominees. Among them is Gina Haspel, the CIA's Deputy Director who has been tapped to take Mike Pompeo's spot as CIA chief (after Pompeo was nominated to become the new Sec. of State following Trump's firing of Rex Tillerson.)

Haspel, however, was the CIA's chief of a secret U.S. prison in Thailand following the 9/11 attacks, where a number of terror suspects were tortured in 2002, in violation of long-held international treaties, to which the U.S. has been a party, at least, since the days of Ronald Reagan. She also reportedly signed off on the destruction of the video-taped evidence that documented the horrific torture by the U.S. at that prison.

We're joined today by ERNEST A. CANNING, attorney and longtime BRAD BLOG legal analyst, for whom the matter of someone alleged to have overseen torture becoming the next CIA director is very personal.

Canning's father, as he detailed in a recent article, was imprisoned and waterboarded by the Japanese during WWII, before testifying against his torturers during the war crimes trials held by the Allies after the war. We discuss what happened to his father at the hands of the Japanese command of the notorious Bridge House prison, why the U.S. has long held torture to be a violation of international law, and how the Democrats' failure to demand accountability of Bush-era torturers has resulted in Haspel's nomination, rather than imprisonment.

He explains that while the Japanese general in charge of the notorious Shanghai prison "did not personally take part in my father's torture, he was sentenced to a life sentence under a principle called 'command responsibility'. He had command responsibility over the people who were carrying out torture in an agency that he was responsible for. And if you use that same principle of 'command responsibility', which remains viable under intentional law today, Gina Haspel should be in prison. She should not be coming before the Senate to be confirmed as the CIA's next director. And, I think it's a slap in the face of everybody who has ever undergone such horrific treatment that Donald Trump would nominate her."

(Also, just to lighten things up a bit, I also get Ernie's take on Trump's asinine and evidence-free reiteration in West Virginia on Thursday, that millions of fraudulent votes accounted for his 3 million vote loss to Hillary Clinton in the 2016 popular vote count.)

Finally, a federal judge in Massachusetts on Friday upheld the state's ban on military-style assault weapons. And we share some listener mail in response to retired U.S. Supreme Court Justice John Paul Stevens' op-ed last week, wherein he suggested that it's time to repeal the 2nd Amendment to the U.S. Constitution...

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On today's BradCast: It often feels like we're fighting to save whatever little is left of representative American democracy. Today is certainly one of those days. [Audio link to full show follows below.]

First up today, Associated Press reports that the computer server at Kennesaw State University's Center for Elections in Georgia was "wiped clean" in early July, just days after the state's contentious June 20 Special Election Runoff for the U.S. House Seat in GA's 6th Congressional District, and as a federal lawsuit [PDF] was filed to challenge the results of that election.

Kennesaw's Center has been contracted by the state for some 15 years to program virtually all aspects of Georgia's elections, including their electronic pollbook voter registration databases and the highly hackable and 100% unverifiable Diebold touch-screen voting systems and electronic tabulators used across the entire state.

The complete deletion of information on the server in July --- and, reportedly, two backups of that server in August --- is particularly disturbing given questions about the accuracy of the reported results in the race, said to have been won by Georgia's former Republican Sec. of State Karen Handel over Democrat Jon Ossoff. Some of the concerns were detailed in the ongoing lawsuit filed by a number of plaintiffs, including Republican election integrity advocate Marilyn Marks of the Coalition of Good Governance. (We discussed that suit with Marks on The BradCast in July and concerns revealed about the results of the April Primary with VoterGA's Garland Favorito in May. We hope to speak with both of them on the show again very soon.)

The federal complaint had sought a forensic analysis of the Kennesaw server to determine whether it may have been manipulated in some way. AP reports: "Wiping the server clean 'forestalls any forensic investigation at all,' said Richard DeMillo, a Georgia Tech computer scientist who has closely followed the case. 'People who have nothing to hide don't behave this way.'" Marks is quoted in the same report noting: "I don't think you could find a voting systems expert who would think the deletion of the server data was anything less than insidious and highly suspicious."

The server was discovered by a data security researcher to have been left online and unprotected --- exposing personal voter records, voting system programming files and administrative system passwords --- in August of 2016. Yet, GA's Secretary of State, Republican Brian Kemp (who is running for Governor in 2018), claims to have not been notified, and the server was left unprotected through both the 2016 Presidential election, as well as this year's special U.S. House race. The personal information of some 6.7 million voters, ballot definition files used on voting machines and tabulators, as well as system passwords used by election officials to access those systems were reportedly left vulnerable to manipulation for at least six months, if not longer. (We reported on that aspect of this mess in June of this year.)

Today we discuss the alarming new AP report and what it means, following our own months of coverage of related concerns about the GA-06 special election, failures during tabulation, many questions from Election Integrity advocates about its reported results and, of course, our years (nearly 15 of them) warning about exactly such a situation as this.

Then, speaking of a "rigged" democracy, we're joined by Maplight's Dark Money Watch journalists MARGARET SESSA-HAWKINS and ANDREW PEREZ to discuss their new reporting on federal 'disclosure' documents revealing that millions of dollars were spent to support the Republican U.S. Senate effort to block President Obama's nominee to the U.S. Supreme Court, Merrick Garland, and the subsequent effort to confirm the nomination of President Trump's nominee to that same seat, Neil Gorsuch. The two reporters detail their findings including that, of the $17 million in "dark money" raised and spent on both efforts, a single donation for $17.9 million, from an unknown source to the rightwing Judicial Crisis Network, may have accounted for most, if not all of that effort.

Finally, Desi Doyen joins us for the latest Green News Report on concerns about two dodgy contracts for $500 million to purportedly help rebuild Puerto Rico's power grid; a new report by the non-partisan Government Accountability Office (GAO) on the $350 BILLION U.S. tax-payer dollars spent on climate-related disasters over the past decade, and much MUCH more!...

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On today's BradCast, the fallout from the James Comey firing swirl further out of control, as I suspect it will for quite some time, while other disturbing Administration policies move forward with much less focus from either media or Congress. One such policy is Trump's recent Executive Order calling for the dismantling of National Monuments --- "public land grabs" and "outrageous abuses of power", as he has taken to incorrectly describing them --- on behalf of corporate drilling and mining interests. [Audio link to show follows below.]

The madness of King Donald continues to devolve at now breakneck speeds, as the White House and an increasingly enraged Trump continue their unsustainable spinning, flip-flopping and nonsensical rants concerning the President's sudden firing of the FBI Director earlier this week under an obviously phony pretext. The need to create fresh lies to cover up older ones is also creating fresh perils for those foolish enough to enter Trump's orbit, like Deputy Attorney General Rod Rosenstein. So, we've got the latest on all of that, including an interesting suggestion for Comey's permanent replacement, a bit of pushback from his Acting replacement, and some ill-considered admissions about the entire affair by Trump himself.

Meanwhile, as Trump keeps digging, and the media and Congress continue (justifiably) to obsess about and investigate it all, the Administration's other corrupt policy measures move forward with measurably less attention. Among those efforts is the unprecedented attempt to roll back National Monument designations by the three previous Presidents, including the Obama-designated Bears Ears National Monument in southern Utah.

In response to an Executive Order signed in April, U.S. Interior Secretary Ryan Zinke is touring the area this week, where more than 1 million acres of land that is sacred to Native Americans and home to tens of thousands of archaeological sites, including ancient cliff dwellings, are now being reviewed on behalf of Trump, Congressional Republicans and corporate fossil fuel interests.

Joining us today to describe the local, tribal efforts to protect these native public lands --- and the Utah Congressional delegation's efforts to undermine them (literally) --- are Carleton Bowekaty, a Zuni Tribal councilman and co-chair of the Bears Ears Inter-Tribal Coalition, and Matthew Campbell, attorney with the Native American Rights Fund.

They both explain the reasons why the Antiquities Act of 1906 was invoked by President Obama to protect the lands; speak to some recent "extremely offensive" comments by Sen. Orrin Hatch (R-UT); and the absurdity of Trump describing these designation of federal lands as national monuments as "federal land grabs".

Finally today, Desi Doyen joins us for the Green News Report, with news on the Administration's deliberations regarding the landmark UN Paris Climate Agreement, the latest on the nuclear emergency in Washington state, and much more...

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Today on The BradCast, Republican Senate Majority Leader Mitch McConnell's theft of the U.S. Supreme Court is nearly complete after his use of the so-called "nuclear option" today and his blatant, continuing lies in support of it. Also, concern grows about Donald Trump's reaction to this week's chemical attack in Syria on a dark day for both the country and the world. [Audio link to show follows below.]

As of today, it's almost done. McConnell's scheme to steal the Court majority for a generation on behalf of the GOP is now virtually a fait accompli with his procedural maneuver to kill the use of filibusters for SCOTUS nominees in light of the Democrats' attempt to block the confirmation of Judge Neil Gorsuch. The Senate rules change comes as McConnell continues to lie about his unprecedented obstruction of Barack Obama's nominee for the same seat, Judge Merrick Garland, for more than a year following the death of Justice Antonin Scalia in February of 2016.

Constitutional law expert Ian Millhiser, author of a recent book on SCOTUS and its widening political divide, joins us today to help explain what all of this is likely to mean for the Senate, the Court and the country in both the short and long-terms. None it very good, I'm afraid.

"I'm not the least bit surprised," that there were not three Republican Senators willing to step forward today to block McConnell's rule change with a simple majority vote, Millhiser, the Editor of ThinkProgress Justice, tells me. "After you make the deal with the Devil that leads to you supporting Trump in the White House, going one step further and saying 'we're also going to change the rules of the Senate' - that's not too heavy of a lift all of a sudden."

"It's absolutely a stolen seat. This is the Merrick Garland seat," he charges, referring to the Republican's years-long blockade of Garland and failure to even hold hearings, much less an up or down vote. "The block of Democrats who voted against Gorsuch represent more than 53% of the nation. So, the only reason this guy is going to be on the Supreme Court is because a President who lost the popular vote by nearly 3 million votes nominated him, and a group of Senators who represent a minority of the country, are going to vote to confirm him."

Millhiser also offers his thoughts on whether the filibuster for legislative actions may be next on the GOP Senate's chopping block, whether Democratic then-Majority Leader Harry Reid made a mistake by nuking the filibuster for non-SCOTUS judicial nominations back in 2013 (and we discuss what actually happened that led up to it), and what, if anything, Americans can now do to try and reverse the dangerous course the nation is clearly on.

Speaking of dangerous courses...Also today: Trump bangs the drums of war in response to the horrific chemical attack in Syria this week, despite his previous insistence that Obama and the U.S. stay out of the matter (even after an even more deadly chemical attack there in 2013) and despite the lack of international investigation, to date, as to who and what was behind the incident. And, finally, we close with a bit of good-ish news (the best we can find on a grim day) concerning a significant change in the way Americans, including Republicans, now view the Affordable Care Act in the five short months since last year's election.

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On today's BradCast: With Republicans in the U.S. Senate on the verge of completing their brazen and historically unprecedented theft of the U.S. Supreme Court majority for a generation --- and still grimmer news elsewhere around the world --- we're happy to cover an inspiring David v. Goliath story about a media activist who took on a major media conglomerate (and the FCC) and seems to have won! At least mostly. [Audio link to show follows below.]

Former award-winning broadcast journalist turned media reformer Sue Wilson of Media Action Center joins us today to detail an encouraging ending to what began ten years ago as an unspeakably tragic story. After the death of a listener, following a stunt contest on Entercom Communication's KDND 107.9 "The End" in Sacramento, and a trial finding the company liable for that death, Wilson decided to file a Petition to Deny renewal of the company's license with the FCC for its 50,000 watt powerhouse frequency.

The FCC has not revoked any corporate license to use our public airwaves in the federal agency's memory. What happened next, however, was detailed over the weekend by Dan Morain at the Sacramento Bee, by Wilson herself today at The BRAD BLOG, and, in person on today's BradCast, where she details the difficulties she had in finding any of the larger, more established media reform organizations or attorneys willing to join her effort.

This story is a remarkably encouraging (and timely) reminder that, yes, one person actually can make a difference by taking on both corporate giants and intransigent federal agencies --- and win! But, as importantly, it's also an important reminder that those for-profit corporations entrusted with controlling our public airwaves, still have a legal responsibility to use those airwaves in the public interest.

Also today: Breaking down the GOP lie at the center of their SCOTUS theft (and what you can still try and do about it); Steve Bannon dumped from the National Security Council; The first city council in the nation (that we know of) adopts a resolution calling for the impeachment of Donald Trump; a Republican Governor bans fracking in his state; some U.S. House special election news; and Desi Doyen joins us with the latest Green News Report...

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On today's BradCast, Democrats now have the votes needed to filibuster Trump's SCOTUS nominee and the President faces still more lawsuits against his climate, energy and environmental policies --- and his pretend attempt to revive coal jobs. [Audio link to show follows below.]

It's official, as of this afternoon. Democratic Senators have announced enough votes opposing Judge Neil Gorsuch, Trump's nominee for the U.S. Supreme Court seat stolen by Republicans, to successfully hold a filibuster and block the nominee in the U.S. Senate. 42 Dems are now on board (enough to prevent the 60 votes currently needed to end a filibuster.) So, it's now up to Senate Majority Leader Mitch McConnell (R-KY) and the rest of the Republicans to use the so-called "nuclear option" to do away with the filibuster rule for SCOTUS nominations all together. Just three Republican defections, however, would prevent the filibuster rule from being scuttled by majority vote.

In the meantime, the opposition to Trump's faltering attempts at policy making --- particularly policies meant to try and roll back Barack Obama's environment and climate legacy --- continue to face new legal challenges. Today, a number of state Attorneys General announced their intention to challenge the Administration's costly suspension of energy efficiency standards; last Thursday, environmental groups filed suit to block the State Department's approval of the controversial KeystoneXL pipeline; and, just one day after Trump's so-called "Energy Independence" executive order was signed on Tuesday, Earth Justice sued to overturn Trump's lifting of Obama's moratorium on new coal leases on public lands and a review of royalty rates paid under the program to the government by the dying coal industry (which, as we also discuss, now employs fewer workers than Arby's, car washes or even U.S. theme parks!)

Jenny Harbine, the lead attorney in Earth Justice's case [PDF] against the Administration, joins us to explain the new lawsuit, as well as the one the same group filed against the Obama Administration in 2014, which led to the moratorium in the first place.

"Trump made a lot of campaign promises to his cronies in the coal industry," she tells me. "But the President has a legal obligation, that courts have enforced for decades, to engage in rational decision-making, to make decisions that are based on science. And here it couldn't be clearer that the directive that came down from Trump [to lift the moratorium] last week, was based solely on politics, and not on science."

She explains how the policy not only "flies in the face of the reality we all face as a nation and a world on climate change," but also how Trump's various claims at attempting to help coal miners is as likely to ultimately harm them, by keeping the federal government from investing in investing and retraining workers for the now-unstoppable renewable energy future.

"Trump's short-sighted attempt to revive a dying coal industry through subsidized leasing" is little more than "an attempt, really, to line the pockets of coal industry executives" while causing "real harm to real people and communities that are depending on the federal government to look after our interests," Harbine explains, adding: "I fear that those workers will be left in the dust."

Finally today, bad news for 180,000 low-income Kansans hoping to receive health care under Republican rule in the state, and the L.A. Times Editorial Board issues a remarkable series of anti-Trump editorials...

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On today's BradCast: Donald Trump's U.S. Supreme Court nominee faced questions all day in the U.S. Senate Judiciary Committee. But what the hell is Judge Neil Gorsuch even doing there at all? And doesn't normal coverage of the hearings do little more than normalize a decidedly abnormal situation? [Audio link to show follows below.]

Donald Trump's selection to fill the seat left vacant by the death of Justice Antonin Scalia more than a year ago, represents nothing less than a stolen seat on a stolen U.S. Supreme Court. If he is confirmed, Republicans are likely to be rewarded for their theft with a majority on the high court for another generation, following their unprecedented refusal to even hold hearings for Barack Obama's nominee for the seat, Judge Merrick Garland.

I've been wrestling with how to cover this week's hearings, which I consider to be illegitimate (and that is true even setting aside the disturbing matter of Trump as President!) Professor Peter M. Shane of Ohio State University's Moritz College of Law joins me to try and help make sense of the situation. His recent piece at the American Constitutional Society, cited by the New York Times today, details how neither Democrats nor corporate media, to date, seem to have figured out how to issue any kind of institutional penalty for the GOP's blatant, brazen and unheard of theft.

Shane explains that, historically, despite Republican assertions to the contrary, "there is no close precedent" in history for what the GOP has done here. "The reason that they didn't want Judge Garland to become Justice Garland was, of course, the fear that they would be losing what had been a secure 5-4 conservative majority on the court. But they also didn't want to give him a hearing because they knew, if they gave him a hearing, that Judge Garland would appear to be so thoughtful, so reasonable, so accomplished and balanced a person, that it would be politically much more difficult to vote 'no'. Nobody in the Senate is constitutionally obligated to vote in favor of Judge Garland, it would just be hard to explain why [they didn't.]"

So they stole the seat instead, by refusing to even hold a hearing, much less a vote. As to the Democrats' lack of an organized response, such as a promise to filibuster Judge Gorsuch (or any other Trump nominee other than Garland), despite the threat of the GOP doing away with the filibuster for SCOTUS nominees, Shane observes: "It seems to me that the Democrats very frequently anticipate the political defeat that lies ahead, and just keep their powder dry for a fight that never happens." He argues Dems are likely "worried about political blowback for being a fierce party of resistance," adding: "That's what the Republicans have been, increasingly, since 1980. If they've paid a penalty for it, I haven't noticed."

Also on today's program: While Congressional hearings have taken over the beginning of the week, House Republicans are making last minute changes to their scheme to replace the Affordable Care Act, by making it still crueler for millions of Americans (but with even more kickbacks for wealthy ones!) in hopes of wheeling and dealing for enough votes to squeek by with passage in the U.S. House, where they plan to ram the bill through for a full floor vote this week before tossing it to the Senate.

Finally: A majority of Americans are unable to name even a single SCOTUS Justice, and the tax-payer cost for Trump's constant weekend vacations could cover four federal programs for the arts, the elderly, the jobless and the homeless that his budget proposal hopes to slash entirely...

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On today's BradCast, history and democracy need heroes right about now. Senate Democrats have the option to fight back against Trump's nominee to the GOP's stolen U.S. Supreme Court, or they can become collaborators and enablers of the Republican theft and be voted out of office in response. [Audio link to show follows below.]

In 2016, Senate Republicans stole the U.S. Supreme Court by refusing to hold a hearing, much less a vote, on Barack Obama's centrist (arguably, too centrist) nominee Judge Merrick Garland following the death of Justice Antonin Scalia. Now that Donald Trump has announced his own nomination for the stolen seat, Judge Neil Gorsuch, history --- and democracy --- demands that Democrats filibuster any nominee other than Garland, even if it leads (as it will) to the "nuclear option" in which Senate Republicans do away the filibuster rule, as Trump has now called for.

We explain why all of this matters on today's show, detailing the GOP's extraordinarily dishonest and hypocritical action and rhetoric on this point from Republican Majority Leader Sen. Mitch McConnell, Sen. Orrin Hatch, Sen. John McCain and others.

Most importantly, we call for listeners to demand their U.S. Senators prevent the Court from being further stolen during Trump's Chaos Presidency. (You can reach your Senators' D.C. offices by calling them at: 202-224-3121). We strongly support Oregon Senator Jeff Merkley's call for exactly this, hope you do too, and hope you'll let your Senators know you will work and donate and vote against them if they fail to protect the Court.

We also take listener calls today from those who both agree and disagree with the above strategy to defend democracy.

Also today, in very related news, orders have reportedly been sent to the Army Corp of Engineers to allow construction of the final section of the Dakota Access Pipeline in North Dakota; Senate Republicans break the rules in order to jam several Trump cabinet nominees through committee, despite their alleged financial improprieties and lying to Congress about them; And several Dems join Republicans to confirm ExxonMobil CEO Rex Tillerson as the next Secretary of State.

Finally, Desi Doyen joins us for the latest Green News Report, as Trump and the GOP Congress move with lightning speed to gut decades of environmental protections, and the state of California pushes back...

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On today's BradCast: In 2000, Republicans used the U.S. Supreme Court to steal the Presidency. In 2016, they used the Presidency to steal the U.S. Supreme Court. So, what, if anything, can be done about it? And, as we also report today, that's not the only Supreme Court Republicans may be about to steal. [Audio link to show is posted below.]

Journalist David Dayen of New Republic, the Fiscal Times and The Intercept, joins us to discuss how President Obama has one last "trump card" to play, if he wishes to block Republicans from out-and-out theft of the nation's highest court, at least for a while. But would Obama do it? Could he do it legally? And would Democrats end up being sorry if he did? We discuss that, whether Democrats will continue to "bring a butter knife to a gunfight", and much more today with Dayen, author of Chain of Title: How Three Ordinary Americans Uncovered Wall Street's Great Foreclosure Fraud..

Also today: Donald Trump buys his way out of multiple 'Trump University' fraud suits by agreeing to pay up $25 million to his victims. He also, reportedly, names southern anti-voting rights racist Sen. Jefferson Beauregard Sessions III (R-AL) as his nominee for U.S. Attorney General, the nation's chief law enforcement official. (That, along with another disturbing new appointment as well.)

Meanwhile, down in North Carolina, where voters appear to have elected a liberal majority to the state Supreme Court and may have rejected their controversial Republican Governor's re-election bid by a slim margin, the Republican-majority state legislature has a scheme to overturn the will of the voters in both the gubernatorial contest and at the NC high court. Because that's how the GOP rolls (and Democrats don't).

Finally, Desi Doyen joins us for the latest Green News Report, with a slim ray or two of optimism, believe it or not, as Sen. Bernie Sanders offers a way for Obama to (permanently?) block the Dakota Access Pipeline from being built, and international U.N. climate negotiators vow to keep reducing greenhouse gas emissions, no matter how Trump plans to undermine efforts to curb global warming...

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On today's BradCast, the savior of the working class and "Great Negotiator" refuses to even sit down with union workers at his own property in Las Vegas, even as his party comes apart at the seams and the South-Eastern U.S. buckles up for another deadly storm. [Audio link posted at bottom of article.]

In advance of tonight's Vice Presidential debate, we speak with Bethany Khan of the UNITE HERE Culinary Workers Union Local 226 in Nevada, where workers at the Trump Hotel Las Vegas voted to unionize last December. Nonetheless, the Trump Organizations has refused, to date, to even begin negotiations with some 500 now-unionized workers at his 1,200-room, 64-story five-star luxury tower in Sin City. The union is therefore calling for a North American boycott of all Trump properties (hotels, casinos, golf courses, etc.), using the hashtag #BoycottTrump.

Khan explains the action and how the GOP nominee for President has been using every available tool to challenge the lawful union vote, despite claims to represent the working class in the course of his campaign.

"Mr. Trump and his company is legally required to bargain with the Culinary Union and with the workers. The workers are fighting for fair wages, job security, good health benefits," she tells me. "They filed a series of objections --- the way the vote was counted, or who voted --- a host of things to try and tie this up in court. This practice of expansive litigation is one the union workers have beat --- soundly --- and we won. So there are no more objections they can file on the election. The hotel is certified as a union hotel. It's a union property. The only thing that's missing is a union contract."

While the Culinary Workers have endorsed Hillary Clinton, Khan says their organizing campaign started "before Donald Trump announced he was running for President," but adds that "The path to the White House goes through the Las Vegas Strip."

"There are 550 workers in his hotel here in Nevada. They're working people, living paycheck to paycheck. Culinary Union members comprise a majority of the middle class in Nevada. Mr. Trump, who says he wants to make America great again, has a great opportunity to start here in Las Vegas with his workers and give them a contract."

Also today: Tonight's Veep Debate offers an excuse to reminisce about the first BRAD BLOG story to make into the national press and get under the White House's skin back in 2004; The 2016 election is driving the country mad, but particularly the Republican Party (we've got some of the latest insane examples); And, finally, Desi Doyen joins us for the latest Green News Report' with two massive and unusual hurricanes making landfall today and the Paris Agreement on climate change meeting key thresholds at the U.N. in record time, in hopes of "Trump Proofing" the landmark pact before the U.S. Presidential election...

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I'm back today on The BradCast, after Nicole Sandler of RadioOrNot.com filled in for a few days! (Thanks, Nicki!!!) And while little has changed in the GOP race for the White House since I've been gone, it was a very big weekend for Bernie Sanders on the Democratic side, even if the mainstream corporate media continues to disregard his campaign. [Audio link for the complete show is at bottom of article.]

Then, I'm joined by constitutional law expert Ian Millhiser, author of Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted, to explain today's stunning ruling by the U.S. Supreme Court in favor of public sector unions. The decision in Friedrich v. California Teachers Association is a major turnaround from what had been the expected outcome earlier this year when we spoke to Millhiser in January just after oral argument in what had been regarded as "the biggest legal attack on unions in decades".

Thanks, however, to a 4 to 4 deadlock on the Court, in the wake of the recent death of Rightwing activist Justice Antonin Scalia, today's ruling is the opposite of what had been previously expected and "one of the first consequences" of his death, says Millhiser. "Scalia was probably going to be the fifth vote to do some serious violence to the way that public sector unions are funded," he explains, while detailing why today's ruling is very good news for both Democrats and democracy itself in the wake of what had been "potentially an existential threat to unions."

"What this decision does mean is that if someone wants to undermine unions, they don't get to take a shortcut. They don't get to go to five Justices and get the Justices to put in place the laws they want for them," Millhiser tells me.

He also decodes the Court's somewhat "baffling" order today concerning a challenge by religious activists to the 'ObamaCare' contraception mandate, as well as the latest status of the GOP's seemingly self-defeating obstruction of President Obama's nomination to replace Scalia.

Finally, we've found something that both Republican and Democratic voters agree on! What happened last week to voters in Phoenix --- many of whom had to wait up to 5 hours to cast a vote (and some of them were the lucky ones!) --- was an outrage across the board, and we've got just some of the outraged voter testimony from the AZ state legislature on Monday to prove it!...

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