As a poll-obsessed media focuses on what many see as a seemingly inevitable contest next November between the former and current Presidents, it has become easy to look past the distinct possibility that the U.S. Supreme Court might bring about a swift end to the 2024 Presidential campaign of Donald J. Trump.

By way of a Jan. 5 decision, in Trump v. Anderson, SCOTUS agreed to hear the former President's Jan. 3 legal challenge to the Colorado Supreme Court's ruling, in Anderson v. Griswold. In that case, the high court in CO ruled that, by reason of §3 of the 14th Amendment, Trump is an insurrectionist and, therefore, disqualified from running for the Office of President of the United States. The CO ruling has been stayed pending a final decision from the U.S. Supreme Court.

There are multiple reasons why the SCOTUS decision to hear this landmark case may not bode well for the former President, even if the many pundits are inclined to believe that a majority of Justices on the High Court will concoct some extra-Constitutional reason to allow him off the hook. Neither the facts, the law, nor published opinions advanced by conservative constitutional scholars support a decision to overturn the CO Supremes' landmark ruling.

While widely overlooked by most in the media, the identity of the parties could also be critically important. The Anderson Respondents --- 4 Republicans and 2 independents eligible to vote in the Colorado Republican Primary --- essentially represent the dwindling number of honest conservatives, who make up what might be described as the Liz Cheney Wing of the GOP.

Unlike Congressional Republican cowards, who know better, yet shamelessly embrace the dangerous Orwellian lies of a would-be dictator, GOP-appointed, life-tenured members of the federal judiciary need not fear being removed from the bench during a primary election by the MAGA base. While Trump sycophants in the U.S. House have demonstrated a willingness to initiate baseless, partisan impeachment inquiries, the prospect of impeachment of any Justice who voted to uphold Colorado's §3 disqualification decision, followed by a 2/3 vote to convict in the Senate, are so remote as to not even be worthy of consideration.

The lightning fast scheduling set forth in the Court's order to hear the CO matter reflects a recognition that, if it upholds the state trial court's factual finding that Trump "engaged" in an "insurrection" and the Colorado Supreme Court's legal determination that Trump is therefore disqualified by reason of §3 of the 14th Amendment, SCOTUS can both prevent the former President from running for office and afford voters --- especially Republican primary voters --- the opportunity to make an informed choice between qualified candidates.

The facts of the case --- if not necessarily the media punditry or courage of our Republican-appointed Supremes --- reflect that reality...

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

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

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

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

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

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

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

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

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

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

The question posed by today's BradCast: Donald Trump is arguably ineligible to serve as President of the United States, according to the "insurrection disqualification clause" of the U.S. Constitution (Section 3 of the 14th Amendment). And yet, he is also arguably the easiest GOP candidate for Joe Biden to defeat next year in a race that will, once again, be a proxy battle between democracy and autocracy. With that in mind, should the former President be barred from running nonetheless? [Audio link to full program follows this summary.]

As the New York Times detailed today, the stakes couldn't be higher. A team of former Trump White House officials has been constructing an agenda for whoever becomes the next Republican President that will involve a radical takeover of independent Executive Branch agencies and a consolidation of all "Unitary Executive" power in the Oval Office. (Here's a free gift link to read the NYT piece. You should be terrified by it.)

As the paper makes clear, no matter who the GOP nominee is next year, if they win, American democracy as we know it is in very very big trouble. With that in mind --- and the argument that Trump is likely to be the easiest for Biden to defeat --- are pro-democracy and good government advocates certain they want to disqualify Trump from the ballot next year?

We're joined today by ALEXANDRA FLORES-QUILTY, Campaign Director at the non-profit, non-partisan, pro-democracy good government group, Free Speech for People. Her organization, along with Mia Familia Vota, recently launched a campaign to argue that "Trump is Disqualified from the Ballot". They sent letters [PDF] to the top election officials in ten states, informing them of the need to bar him from the 2024 ballot under Section 3 of the 14th Amendment which disqualifying those who, "having previously taken an oath, as a member of Congress, or as an officer of the United States" from holding office if they subsequently "engaged in insurrection or rebellion against the same." Of course, that's exactly what a bipartisan majority of the U.S. Senate found that Trump did on January 6, 2021, as well as the bipartisan U.S. House Committee which also investigated the matter.

Recently, a spokesperson for Colorado's Democratic Sec. of State Jena Griswold declined to comment "at this time" on whether Trump will be allowed on next year's ballot. She has until January 5 to decide in the state. FSFP and MFV have also sent similar letters to chief election officials in California, Georgia, Massachusetts, Michigan, New York, Nevada, North Carolina, Oregon and Pennsylvania. They argue that those officials have the ability --- and responsibility --- to disqualify Trump, just as they do for any candidate who does not meet requirements (age, residency, etc.) for office.

"Secretaries of State have a duty to ensure that candidates who seek to appear on their state ballots meet the Constitutional qualifications for serving in public office. In fact," notes Flores-Quilty, "Supreme Court Justice Neil Gorsuch has actually confirmed that Secretaries of State may refuse ballot placement to candidates for President who do not meet the Constitutional requirements of the office. [See 2012's Hassan v. Colorado in which Gorsuch, while still a 10th Circuit Appeals Court judge, found that states may "exclude from the ballot candidates who are constitutionally prohibited from assuming office."]

Moreover, Flores-Quilty argues it "is not a requirement" for Trump to have been criminally charged and found guilty of "insurrection" to be disqualified under the clause, which dates back to the post-Civil War era, when the 14th Amendment was adopted. "There is clear precedent from when it was originally enacted that that was not a requirement. No criminal conviction is necessary in order to enforce this critical provision of the Constitution."

"It's really important that we're doing public education and creating a public mandate that Secretaries of State --- it's not only within their power but it's their responsibility --- ensure that somebody who has so clearly violated this provision of the Constitution is not allowed to appear on the ballot. Trump has been able to get away with breaking the law, time and time again. Impunity is emboldening. So the rules need to be enforced."

Okay, but is it politically smart for either Democrats or pro-democracy advocates at this precarious moment to press this point to disqualify Trump from the ballot and potentially pave the way for a Republican candidate who may be equally authoritarian, but more able to defeat Biden next year?

Flores-Quilty --- and a bunch of our callers today --- ring in with their answers to that critical question!

Also today: Ron DeSantis' floundering campaign fires at least 10 workers. Failed AZ Gubernatorial candidate Kari Lake's attorneys (including Alan Dershowitz) sanctioned for $122,000 for bogus election fraud claims.

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After more than twenty years of rolling back corruption and bribery statutes, is it any wonder, as our guest on today's BradCast observed in his latest op-ed, that the U.S. Supreme Court is now "blind to its own corruption"?

BUT FIRST, Florida Governor Ron DeSantis is announcing his 2024 Presidential run today, and corporate media outlets are focusing on his horse race with the disgraced former President. We mark the day, however, by focusing on several of the latest victims of DeSantis' Big Government weaponization against people of color and the LGBTQ+ community. That, by a guy whose 2022 re-election slogan in Florida was, laughably, "Freedom Lives Here".

DeSantis deserves credit for leading the way for other, similarly gerrymandered and GOP-controlled states which have begun to adopt many of the same, hateful, Big Government "cancel culture" statutes that, in Florida, have resulted in banned books, muzzled teachers, lost rights, vile threats against those who support freedom and travel warnings issued for those visiting the Sunshine State.

Today, the effort is playing out in terroristic threats against Target employees; an investigation of a Florida grade school teacher for showing an animated Disney film to her class; and the removal of The Hill We Climb --- a poem by Amanda Gorman which she read at Joe Biden's 2021 inauguration --- from a grade school library. That's just a sampling of some of the latest victims of DeSantis' cruel agenda during his tenure as Governor.

As California's Democratic Gov. Gavin Newsom tweeted in response to Target's removal of items from its Pride Month collection under threats from the MAGA right, "Wake up America. This doesn’t stop here. You’re black? You’re Asian? You’re Jewish? You’re a woman? You’re next."

THEN, it's back to the seemingly never-ending, decades-long corruption of U.S. Supreme Court Justice Clarence Thomas and some similar, recently revealed corruption by Justice Neil Gorsuch and even Chief Justice John Roberts who, by and large, refuses to do anything about any of it.

There's an explanation for that, argues RANDALL D. ELIASON, George Washington University Law School professor and former chief of the fraud and public corruption section at the U.S. Attorney’s Office in D.C.

"Over more than two decades, the Supreme Court has gutted laws aimed at fighting corruption and at limiting the ability of the powerful to enrich public officials in a position to advance their interests. As a result, today wealthy individuals and corporations may buy political access and influence with little fear of legal consequences, either for them or for the beneficiaries of their largess," Eliason argued in a New York Times op-ed over the weekend, adding: "No wonder Justice Thomas apparently thought his behavior was no big deal."

Today, Eliason tells me, "the Court itself has contributed to a legal environment over the last twenty years, where, at least as far as the Court is concerned, many of the things that are going on are not, in fact, corrupt, because they've taken this extremely narrow view of what corruption is." Essentially, he explains, cases such as Citizens United v. FEC; United States v. Sun-Diamond Growers; Skilling v. U.S.; and McDonnell v. U.S. have all greatly narrowed the definition of corruption to largely nothing less than a very specific quid pro quo bribe where a politician promises a very specific official act in exchange for payment.

That means, as some on the Court may now see it, long-term relationships where a GOP megadonor like Harlan Crow has sponsored hundreds of thousands of dollars in undisclosed luxury travel for Thomas, or purchased his mother's house, improved it, and allowed her to live there rent-free to this day, or even paying private school tuition for Thomas' grand-nephew, is not seen as "corruption" if it wasn't in return for a specific thing. Even Thomas' wife Ginni can receive tens of thousands of dollars in payoffs by far-right activists, and it's not considered corruption.

"These long term relationships, where wealthy donors can shower a politician or a Supreme Court justice with huge gifts over years --- that's okay. At least it's not criminal, unless prosecutors can prove beyond a reasonable doubt that one particular gift was because of one particular thing they did," Eliason explains, detailing how the Court has cloistered itself into a world where all of this is somehow okay.

"The reality of corruption is usually much more subtle that that, and pervasive than that. It's a long-term 'You scratch my back and I'll scratch yours' kind of arrangement. 'I'll give you these fancy trips and gifts and things over time, and then when things happen to come up that I'm interested in, you'll do the right thing for me, and we don't even have to talk about it. We don't have to have an explicit deal, it's just an understanding between us.' That's what real-world corruption is like. But for more than twenty years, the Court has issued a series of opinions that have largely put arrangements like that --- like the arrangement between Harlan Crow and Clarence Thomas --- out of the reach of the law."

We've got a lot to discuss on these matters with Eliason today, including his suggestions for how Congress could fix this clearly broken and corrupt system, even as the Chief Justice suggests (inaccurately) that doing so would somehow be a violation of the Constitution's Separation of Powers doctrine. Ironically enough, if Congress finally does manage to legislate ethics reform for the Court and someone did challenge it as unconstitutional, guess who would get to be the final arbiter? "I wonder how they are going to rule?," quips Eliason...

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If there is anyone more uniquely qualified than to discuss to discuss several issues of note on today's BradCast, I don't know who it could possibly be.

But FIRST UP, President Biden released a video today titled "Freedom", officially declaring his intention to run for a second term in 2024. The announcement comes four years to the day after releasing his video declaring his successful 2020 run. He faces long-shot Democratic primary challenges, so far, from vaccine opponent Robert F. Kennedy Jr., and self-help author/spiritual guru Marianne Williamson, who also ran in 2020 but dropped out before primary voting began.

We share Biden's video today and discuss the challenges he will be facing, which mostly include his age and health, according to many Democratic and other voters who say they'd prefer someone younger. Recent polling, however, shows that most of those voters will likely support Biden if he becomes the party's nominee.

The RNC and their most likely (for now) 2024 GOP nominee, Donald Trump, responded somewhat predictably with apocalyptic statements and AI video renderings of a dystopian nation wracked by disaster under a second Biden term, ironically describing Biden, ironically enough. as "out-of-touch". The disgraced former President, as recent polling reveals, will likely be the easiest nominee for Biden to defeat.

NEXT UP, since it's a day that ends in "y", we have yet another revelation of corruption by Clarence Thomas, almost certainly the most corrupt Supreme Court Justice in U.S. history. Bloomberg News and CNN report today that, despite previous claims to the contrary by both men, Thomas did, in fact, sit on a case at the high court in which Harlan Crow --- billionaire GOP megadonor and longtime giver of lavish worldwide travel and luxury vacations that went unlawfully undisclosed for decades by Thomas --- had business before SCOTUS in the 2000's. Thomas failed to recuse himself from the case involving the company of his "personal friend".

We're joined today to discuss the seemingly endless decades of both unethical and unlawful corruption by Thomas (and his corrupt, far-right activist wife Ginni), by LISA GRAVES. She previously served as Deputy Asst. Attorney General at the U.S. Justice Department, Chief Counsel for nominations in the US Senate, and as a Deputy Chief of the Article III Judges Division for the U.S. court system. Graves is now a muckraking political researcher and founder of Truth North Research. She has been exposing massive corruption of our electoral system by folks like Thomas, Crow, the Koch Brothers, wealthy rightwing federal court operative Leonard Leo and many others for years.

That means we've got a lot to discuss with Graves today, including Thomas' long history of corruption and failure to disclose stuff like his wife's annual salary for about twenty years from the rightwing Heritage Foundation back in 2011, and the undisclosed sponsorship of Leo and the group Citizens United that helped him win his controversial nomination to SCOTUS back in 1991. (That was well before Thomas failed to recuse himself from the infamous 2010 Citizens United case.)

"This new revelation is really important because it does show that there were cases, at least one case [at the Supreme Court] that directly affected Harlan Crow's company," Graves explains today. "But I think that's just the tip of the iceberg. Because the reality is that you have a number of instances that have been documented by the press where Clarence Thomas has failed to disclose to the American people his financial ties to Harlan Crow, who also has ties to Leonard Leo, who has been the architect of moving the Court to the far right. Including the fact that Leo cut his teeth trying to get Clarence Thomas confirmed in the first place. So these are deep and long relationships."

It's not only Thomas on the High Court who has recently been revealed as playing fast and loose with ethics rules and laws. Today, Politico reports that Justice Neil Gorsuch sold a nearly 3,000-square foot log home and a 40-acre tract of land in Colorado for nearly $2 million to the top executive of one of the nation's largest law firms just days after being nominated by Trump to SCOTUS in 2017. While Gorsuch disclosed the property sale, he failed to identify the purchaser on his disclosure forms, leaving that box blank. Since then, the firm has been involved in at least 22 cases before the Court.

And it's not only corrupt Republican appointees to the High Court. CNN recently unearthed interviews by a Christian talk radio outlet with far-right U.S. District Court Judge Matthew Kacsmaryk, the corrupt judge who banned the popular abortion pill, mifepristone, earlier this month. During the interviews he describes his opinion that being gay is "a lifestyle" and criticizes both "no-fault divorce" and "permissive policies on contraception." He failed to disclose those interviews during his 2017 confirmation process.

Perhaps more disturbingly, Washington Post recently reported what would appear to be out and out fraud by the controversial judge. He not only failed to disclose a law review article he authored, in which he criticized President Obama's protections of transgender people and those seeking abortions, but, after being nominated by Trump, he instructed the journal to remove his name as author and substitute the names of two junior colleagues at his activist law firm who appear to have had nothing to do with the article.

Graves charges Kacsmaryk should be held to account by the DoJ for possible prosecution under Section 1001 of Title 18 of the US Code, which deals with giving materially false statements to Congress. "You have someone who affirmatively, deceptively, actively, willfully hid from the Senate that he wrote this article. He did so purposely. He did so knowing he was about to be nominated for this position. He affirmatively deceived Congress," she tells me.

"Kacsmaryk deceived Congress in his quest to become a judge, and then he had no restraint on his efforts to impose those various same types of personal anti-abortion views in a case where he has now injected himself in overturning nearly a quarter century of law in defiance of long-standing Supreme Court precedence."

Given the massive corruption of both the federal bench and Republicans in Congress, what, if anything can be done about any of it? We discuss what can and should be done by Congress, by the U.S. Judicial Conference which oversees operations of the federal courts, and by the U.S. Department of Justice, all of whom Graves has worked with in various capacities over the years...

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We've just about arrived at the point where the corrupt, stolen and packed rightwing U.S. Supreme Court almost isn't even trying to hide their corruption anymore. And, yes, as discussed today on The BradCast, that includes the Chief Justice. [Audio link to full show is posted below this summary.]

First up, Lori Lightfoot, the first black female and openly gay Mayor of Chicago was reportedly knocked out of contention in her reelection bid on Tuesday. It is the first time in 40 years that an incumbent Mayor was unseated. (The last one was the city's first female Mayor.) Paul Vallas and Brandon Johnson will go on to compete in the run-off set for April 4. Vallas is a "tough on crime" candidate vowing to add hundreds of police to the streets of the nation's third-largest city. He is supported by the police union, the Fraternal Order of Police, whose leader defended January 6 insurrectionists and equated Lightfoot's vaccine mandate for city workers to the Holocaust. Johnson, an African-American supported by the teachers union and progressive organizations, has called for more money to be spent not on police, but for mental health care, education, jobs and affordable housing.

Next, we're joined by DAVID DAYEN, progressive financial journalist, author and Executive Editor of The American Prospect to discuss Tuesday's oral arguments at SCOTUS on two different challenges --- both largely absurd --- to President Biden's student loan forgiveness program. But for being blocked by Republican-appointed lower court federal judges, the plan would forgive up to $20,000 for federal student loan borrowers making less than $125,000/year under the authority of the HEROES Act. The 2003 law, adopted by Congress and signed by the President in the wake of 9/11, grants authority to the Education Secretary to "waive or modify any statutory or regulatory provision" regarding student loan programs in the event of a national emergency.

Despite the legal authority granted by the clear language of the text, Republican lower court judges have blocked the program to date, and the corrupt rightwing Justices at SCOTUS seemed to be working hard to do the same during the 3-and-a-half hour hearing at the high court on Tuesday, according to Dayen. The Biden Administration, as he explains, has invoked the very same legal authority from the HEROES Act to "waive" student loan payments as the Trump Administration used to pause them during the pandemic. Of course, neither Trump's authority to do so, nor its authority to issue hundreds of billions of dollars in forgivable PPP loans to small businesses during the crisis, was challenged in court --- or saw its "fairness" questioned --- by Republican litigants. Low income student loan borrowers, however, are apparently a different matter.

There are two different sets of GOP plaintiffs challenging Biden's plan. One (Biden v. Nebraska) is a group of six Republican-controlled states (Missouri, Nebraska, Iowa, Arkansas, Kansas and South Carolina) and the other (Dept. of Education v. Brown) is two individuals who failed to qualify for student loan forgiveness. It seems that neither group of plaintiffs should have legal standing to sue at all in these cases, as neither seems to be able to demonstrate any real harm or injury. If these cases are to be tossed, it will likely be on those grounds. But, the Court's rightwingers sure did seem to want to block this program during Tuesday's hearing, citing the absurd and wholly-made-up, found-nowhere-in-the-Constitution "Major Questions Doctrine" as just one way to do so.

Dayen details the entire fiasco for us today. The Court will issue its opinion no later than June or July as hundreds of billions in financial relief for those need it most hangs in the balance.

Also discussed with Dayen today: The high court has decided to hear a case on whether the funding mechanism for the Consumer Finance Protection Bureau (CFPB) --- the brainchild of Elizabeth Warren during the Obama Administration following the 2008 financial crisis as the only federal watchdog agency focused mainly on consumers --- is unconstitutional. "If you believe it is," quips Dayen, "then you believe that not only numerous other agencies in the federal government have unconstitutional funding structures, but things like Social Security and Medicare are unconstitutional." A similar funding mechanism has been used for decades, without challenge, by the FDIC, the FDA, the Federal Reserve and many others.

Dayen describes the ruling that the CFPB's entire funding mechanism is unconstitutional as coming from the "deeply radical" 5th U.S. Circuit Court of Appeals. He seems to be hoping that SCOTUS has decided to hear this case next term (which begins in October) in order to reverse or, at least clarify, the lower court's ruling. We'll see if he's right about that.

Finally, we discuss drug-maker Eli Lilly's announcement today that the company plans to lower the cost for insulin, after President Biden and the Democrats' Inflation Reduction Act, adopted last year, capped expenses for the drug at $35/month for federally insured patients, such as those on Medicare. Also, we discuss today's announcement of the nomination of Julie Su as Biden's new Labor Secretary to replace the departing Marty Walsh. As Dayen reports, the clever appointment of Su, a California progressive, will place her in charge of the Department whether her nomination is blocked in the Senate or not...

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Democracy had a good night in Georgia on Tuesday night, before facing a brand-new nightmare by Wednesday morning at the far-right U.S. Supreme Court. We cover both on today's BradCast. [Audio link to full show follows this summary.]

The final votes of the 2022 midterms have at last been cast --- though some counting and recounting remains --- and Georgia's Democratic Sen. Raphael Warnock has been re-elected to his first full 6-year term in the U.S. Senate. His apparent defeat of Herschel Walker, loser Donald Trump's personally selected candidate in Tuesday's runoff election in the Peach State, caps a string of contests that the GOP arguably could have or should have won across the country in a midterm year like this one. But they chose to go with the far-right, loony-tunes candidates preferred by the disgraced former President instead.

After picking up a Senate seat this year, Democrats are set to hold an outright 51 to 49 majority in the upper chamber beginning in January, even as they narrowly lost their majority in the U.S. House. We discuss what all of that is likely to mean and review several remarkable historic milestones for Democrats in this year's anything-but-red-wave midterms.

After a late night of celebration, it was an early morning of worry, as the U.S. Supreme Court heard Moore v. Harper. We have long warned of the dangers of this case for American elections as we know them. The dispute comes from a challenge filed by North Carolina Republicans after the state's Supreme Court nixed partisan U.S. House maps gerrymandered by the state's GOP legislature. The state court ordered new, fair maps to be drawn instead for 2022, when Republicans and Democrats would evenly split the state's 14 House Districts, winning seven seats each in the closely divided state.

But state Republicans sued, arguing a novel, never-before-approved-by-SCOTUS legal theory they've recently discovered in the U.S. Constitution's Elections Clause called the "Independent State Legislature" theory. They argue that the Constitution mandates that state laws regarding federal elections may be created only by state Legislatures and that no judicial review by state courts is allowable.

That means, as argued in Moore, that partisan-gerrymandered Legislatures may create election laws that cannot be vetoed by Governors or overruled by state courts or constitutions. The theory holds that even voter-approved ballot initiatives could suddenly be found unlawful and those same state legislative bodies could also select whoever they wish to be Presidential Electors no matter who state voters actually selected. It is just that insane. But it's actually in front of a corrupted, stolen and packed right-wing SCOTUS on which a radical majority may offer its blessing.

"The blast radius from their theory would sow elections chaos," warned former acting Solicitor General Neal Katyal, one of the three attorneys who argued on behalf of respondents to NC's Republican petitioners, "forcing a confusing two track system with one set of rules for federal elections and another for state ones" with "case after case" being brought before SCOTUS challenging long-established election laws in all 50 states as adopted over the past 233 years.

Gerrymandering expert and author DAVID DALEY of FairVote was in the Courtroom to witness the proceedings at SCOTUS Wednesday morning and joined us this afternoon from the U.S. Capitol to help unpack it all.

"The consequences for this case are seismic," Daley warns. "This is yet another case that could shake the very foundation of our democracy if the court were to find that state legislatures face no constraints, either from a Governor's veto or from a state constitution, or the state Supreme Court, in how they create election law, how they certify elections, how they draw redistricting maps. It would give these state Legislatures complete, unfettered power to effectively do as they will. And that is a terrifying prospect."

We discuss what he describes as the "bonkers" ISL theory and whether, as AP argued today in its coverage, Daley agrees that there were "at least six Supreme Court justices" who "sound skeptical of making a broad ruling that would leave state legislatures virtually unchecked when making rules for elections for Congress and the presidency."

Says Daley, based on what he witnessed at the High Court this morning: "I would say that there were three Justices who were opposed --- the three liberals, Jackson, Sotomayor and Kagan. There were three who seemed very much on board in Thomas, Gorsuch and Alito. And there were three that I would define not as 'skeptical' but as 'Independent State Legislature-curious'. And I don't think they were looking for a way to knock a bonkers theory down."

Tune in for much more on today's program...

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A no-uncertain-terms brief [PDF] submitted to the U.S. Supreme Court by all 50 state Supreme Court Chief Justices eviscerated the so-called "Independent State Legislature" (ISL) theory being pushed by far-right legal activists.

Their rare decision to file an amicus curiae (friend of the court) SCOTUS brief reflects the unanimous recognition by all of the nation's State Chief Justices that the fringe ISL "legal" theory is so dangerous that, if it were to be embraced by a majority on our nation's highest federal court, it could hasten an end to our Constitutional democracy. And that is not hyperbole.

Earlier this year, the U.S. Supreme Court, now dominated by six unelected "radicals in robes", granted review in Moore v. Harper, a case brought to SCOTUS by North Carolina's Republican-controlled State Legislature after their partisan gerrymandered Congressional redistricting plan was struck down by their state's Supreme Court on the grounds that it violated NC's Constitution.

Ironically, Tar Heel State Republicans owe their own control of the General Assembly to partisan gerrymandering. When Democratic Governor Roy Cooper was reelected in 2020, he defeated his Republican opponent 51.5% to 47% statewide, yet GOPers were able to retain control of 56% of NC Senate seats and 57.5% of the House thanks to extremely partisan state district maps.

In Moore the NC Republican petitioners to SCOTUS rely upon the same ISL theory advanced by disgraced former Chapman Univ. Law Professor John Eastman as part of Team Trump's effort to steal the 2020 Presidential election.

Their argument is that, absent a federal law to the contrary, a State legislature has a plenary right to engage in what NYU's Brennan Center for Justice describes as "deeply undemocratic" partisan gerrymandering of Congressional Districts. They contend that, when it comes to laws regarding federal elections, state legislatures may not be constrained by a state's constitution as interpreted by its state courts.

In their brief, the 50 State Chief Justices argue that the ISL, as advanced by NC Republicans, does violence to the meaning of the word "Legislature" as envisioned by the framers and as it appears in the U.S. Constitution's Elections Clause (Article 1, Section 4), which provides that the "Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations."

Embrace of the ISL theory by a SCOTUS majority in Moore could similarly result in approval of Eastman's radical theory that state legislatures enjoy a Constitutional right to override the will of state voters to choose electors in the next Presidential election. It all underscores President Joe Biden's recent assessment that, come November, "democracy will be on the ballot"...

On today's BradCast: It was the grand finale at the end of a U.S. Supreme Court term like no other. Now that its packed with rightwing extremists, the unleashed activists on the GOP's illegitimate 6 to 3 U.S. Supreme Court pretended on Thursday that the text of the written law doesn't say what it actually says, in order to offer a parting gift for the year to the fossil fuel industry --- as the nation and globe burn.

The Clean Air Act, as Justice Elena Kagan wrote [PDF] on behalf of the three dissenters, "directs the EPA to regulate stationary sources of any substance that 'causes, or contributes significantly to, air pollution' and that 'may reasonably be anticipated to endanger public health or welfare.'" She made clear that, as the Court has determined on multiple occasions, the Environmental Protection Agency "serves as the Nation's 'primary regulator of greenhouse gas emissions.'"

But, never mind all of that. On Thursday, writing for the Court's far-right majority in West Virginia v. EPA --- and ignoring its own precedents --- Chief Justice John Roberts pretended none of those mandates existed in the law adopted by Congress in 1963 and amended a number of times over the years. Despite any actual existing Administrative rule to regulate carbon emissions by coal and gas-fired power plants --- Barack Obama's Clean Power Plan was put on hold by the Court years ago, and Donald Trump's scheme to restrict the EPA's power to do so was rejected by lower courts --- SCOTUS took up this coal-industry sponsored law suit and gave them pretty much everything they sought, text of the written law be damned.

As they did when striking down the Administration's vaccine-or-test mandate, the Court once again invoked their newly invented "Major Questions" doctrine in order to declare that any issue that may be controversial in any way may not be decided by the scientists and experts at the federal agencies created to handle such things. Instead, they must be specifically directed, by Congress, to do so. Because the Clean Air Act, which tasks the EPA with regulating dangerous pollutants --- such as carbon released by coal-fired power plants, currently exacerbating our deadly climate crisis --- doesn't actually cite "carbon" specifically, the Trump/McConnell/Roberts Court has now declared the federal agency may take no action to help reduce it. Never mind their own previous findings and, of course, the number of Americans who will die because of this ruling.

The opinion was as predictable as it is corrupt. We're joined today by the great MARK JOSEPH STERN, legal journalist and Constitutional law expert at Slate, to discuss the opinion that will not only limit the EPA from doing the job it has already been tasked with by Congress, but prevent many other federal agencies from carrying out their mandates as well. It's all part of the corporate rightwing's long "war on the Administrative State". And it's a war they are now winning --- and we are all losing.

"Massachusetts v. EPA held that the federal government must --- not can, but must --- regulate and limit carbon emissions in the United States because carbon is a pollutant under the Clean Air Act, and thus the EPA has a legal obligation to institute guidelines that reduce the level of greenhouse gases the US is emitting," Stern emphasizes, noting that today's opinion in West Virginia v. EPA "involves a regulation that does not exist."

Nonetheless, "the Supreme Court decided to take it up just to stop Joe Biden from trying" to regulate the greenhouse emissions now warming our planet at an alarming rate. "The Supreme Court," Stern adds, "decided to simply slap limitations on [the Clean Air Act] that do not exist in the text because they do not like it as a matter of policy."

As to the so-called "Major Questions" doctrine, argues Stern, "It's hard to define, because it is made up." It's not in the Constitution and, as far as he can tell, "it comes from Brett Kavanaugh's brain. This was his idea when he was on the lower court, to try to smuggle in a kind of anti-regulatory agenda into what looks like statutory interpretation."

"The basic idea is that if an agency tries to take some kind of very consequential action, that has a serious and vast impact on the people, or the economy, or private industry, then that is a 'major question', and the Congress has to give the Agency an extremely granular and explicit permission slip to do what it wants to do, otherwise the courts will block it. The problem with this test that should be clear, is that it is totally subjective. What looks like a major question to you may look like a frivolous question to me, and it really shifts policy-making over to unelected judges from experts in federal agencies."

Of course, this is just one of the many reasons I don't refer to these people as "conservatives". They don't merely interpret the law and the Constitution, as they claim. They make shit up to justify their politics. They are the "activists legislating from the bench" that Republicans pretend to oppose --- when they are trying to block Democratic appointees from positions on the bench.

There is much more today from the wise and colorful Mr. Stern, on this matter; on a separate (largely good news) ruling from the Court today on immigration policy; on the Court's opinion last week that begins to gut the famous Miranda Rights (the right to remain silent, to an attorney, etc.) for people who are detained by law enforcement (a "sleeper case" overlooked because it came on the same day that the Court overturned Roe v. Wade); on what will or can happen once the illegitimacy of this Court becomes clear to all; and on Justice Stephen Breyer's last day on the Court today before Justice Ketanji Brown Jackson was sworn in as its first-ever black female jurist.

As if that's not enough, a ruling this week by SCOTUS overturned a lower federal court that found Louisiana's newly gerrymandered Congressional District map to be an unconstitutional violation of the Voting Rights Act. The lower court ordered another black majority District to be created, as state Republicans had only one among six, in a state where one-third of population is black. The ruling was similar to another in Alabama, which SCOTUS also struck down recently, ordering both states to use the gerrymandered and unconstitutional House maps drawn by Republicans for this year's critical 2022 midterm elections.

Does this signal the Court intends to overturn the entirety of the landmark Voting Rights Act, as they did with Roe? "Yes," Stern answers, before explaining how "really, they've already done it."

And then there's the new case that SCOTUS announced today they will take up in their next term, as their destruction continues. It's an election case out of North Carolina to allow the Court to create another pretend legal notion that the Right calls the "Independent State Legislature" Doctrine.

"I am terrified about this case," Stern says, as it will almost certainly be decided to allow "state legislatures to appoint electors in the Electoral College to the losing candidate in a Presidential race. Which is exactly what Donald Trump wanted them to do in 2020, and what Ginni Thomas was urging legislators to do while her husband was trying to institute this theory."

"The American people are in deep, deep, DEEP trouble," he warns.

Please "enjoy" today's program!...

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On a dark and historic day in America (and, apparently, on The BradCast), I offer a few thoughts on how unelected, radical, extremist, activists Justices (who are not "conservative" by any stretch of the imagination, please stop calling them that), who have been packed onto a stolen U.S. Supreme Court majority have only just begun the corrupt work for which their lifetime seats on the High Court were purchased. [Audio link to full show follows below this summary.]

On Thursday, the illegitimate Republican majority simply ignored the written text of the 2nd Amendment's mandate to "well regulate" the right to bear arms by cancelling [PDF] New York's century-old law limiting the concealed carrying of weapons in public, robbing elected state officials of their right to protect their citizenry from gun violence.

Then, on Friday, after declaring in their gun ruling that officials elected by the voters have no right to well regulate firearms, the same corrupt Justices cancelled [PDF] a half century of well-established Constitutional rights to personal privacy and reproductive freedom. The rightwing Court extremists declared that states and, indeed, the federal government, do have the right to force women to bear the child of their rapist --- even as the product of incest or sex trafficking.

In overturning 1973's Roe v. Wade (the landmark 7 to 2 majority opinion written by a non-corrupt Republican-appointed Justice), Sam Alito echoed Clarence Thomas' gun ruling one day earlier by pretending that any specific rights not in existence 233 years ago, when the Bill of Rights was written, lacks the "historical tradition" to be considered a Constitutionally-protected right. (Never mind that whole "well regulated" mandate of the 2nd Amendment which is, as it turns out, literally in the Bill of Rights.)

Neither Thomas' newly divined "historical tradition" requirement for Constitutional rights or Alito's "historical understanding of ordered liberty", are made up out of whole cloth. The concept appears nowhere in the Constitution, which actual, if uncorrupted, conservative legal experts know very well.

As horrible as all of this is, it will only get worse until the corrupt Court is unpacked and expanded to reflect the actual will of the American electorate. The Court's rulings on abortion and on gun safety are opposed by huge, bipartisan majorities.

In a separate opinion on Roe, Thomas --- arguably the Court's most corrupt Justice --- called for the Court to cancel other long-standing Constitutional rights established under the same 14th Amendment privacy rights which the Court has now dismantled in cancelling Roe. "We have a duty to 'correct the error'" by reversing the landmark opinions that established Constitutional rights to contraception, same-sex intimacy and marriage...though not inter-racial marriage for reasons that the inter-racially married Thomas failed to explain.

We share both President Biden and House Speaker Pelosi's responses to today's historically corrupt ruling, as they vow that the fight for Constitutional freedoms is not over and call on Americans to make their voices heard in response this November.

"Today the Supreme Court of the United States expressly took away a Constitutional right from the American people that it had already recognized," the President said. "They didn't limit it, they simply took it away. That's never been done to a right so important to so many Americans. But they did it."

"This fall," he later emphasized, "Roe is on the ballot. Personal freedoms are on the ballot. The right to privacy, liberty, equality --- they're all on the ballot."

They are indeed.

After plenty more on all of the above, we conclude today with our latest Green News Report, most topics of which are also on the ballot this November. Please prepare your voting plans now...

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On today's BradCast: The five Republican Supreme Court Justices who were revealed this week to have voted to overturn the well-settled law of 1973's landmark 'Roe v. Wade' and the Constitutional freedoms it guaranteed for the right to privacy and reproductive healthcare, all appear to have lied about their positions on well-established precedent during their Senate confirmation hearings. And now Republicans are running for cover and Democrats are trying to figure out how to respond. All of which is shaking up "Conventional Wisdom" about this November's midterm elections. [Audio link to full show follows this summary.]

Before we get there with our guest today, however, some quick news. The Labor Department reported on Friday that 428,000 new jobs were added, beating economists' expectations for the month once again. Unemployment remains near a 50-year low and hourly wages are now 5.5% higher than they were a year ago. The U.S. economy has now regained nearly 95% of the 22 million jobs lost during Trump's mishandled pandemic, according to the New York Times, and Joe Biden's jobs numbers continue to smash all-time Presidential records with 12 straight months of job growth higher than 400,000. That has never happened since recording keeping of national jobs numbers began in 1939.

As Steve Benen observes, "Over the course of the first three years of Donald Trump’s term --- when the then-Republican president said the United States’ economy was the greatest in the history of the planet --- the economy created roughly 6.5 million jobs. This includes all of 2017, 2018, and 2019." That was all before the pandemic. Meanwhile, since Biden took office in January 2021, just 15 months ago, 8.8 million jobs have been created, "well above the combined total of Trump's first three years."

And the news of Trump's disastrous reign continues to pour out from the memoir, to be published next week, from his former Secretary of Defense, Mark Esper. Earlier in the week, we learned Trump wanted soldiers to shoot Black Lives Matter protesters in the street following the police murder of George Floyd. Last night, the Times' Maggie Haberman reports that Esper's book details Trump's repeated suggestion in 2020 that the U.S. bomb our southern neighbor. He wanted to "shoot missiles into Mexico to destroy the drug labs," and then lie about it to the public, says Esper. "We could just shoot some Patriot missiles and take out the labs, quietly," Esper reports Trump as telling him, "no one would know it was us." He made that suggestion twice, to a stunned Esper.

Trump's last Senate-confirmed SecDef also reveals that a member of the Joint Chiefs of Staff began researching the 25th Amendment to remove Trump from office after being shaken by his erratic behavior during a meeting on China in May of 2020. There's more. Tune in for it.

NEXT, we're joined by our old friend HEATHER DIGBY PARTON, award-winning opinion and analysis journalist from Salon and Digby's Hullabaloo to help us make sense of all of the considerable fallout following this week's stunning leak of a SCOTUS majority draft opinion that would overturn 'Roe v. Wade' in its entirety.

Among the related points discussed: Parton's take on the on draft opinion itself; why it may have been leaked; the GOP's "big tell" reaction revealing "that they weren't really prepared" for this in advance of an election they thought they had in the bag; and the need for Democrats to coalesce around a message in solid response to the unprecedented removal of freedoms for Americans which will not stop with abortion.

Digby also shares thoughts on the show vote that Dems have scheduled for next week to codify 'Roe' into law, even though its certain to fail, if only because they won't be able to wrangle the votes needed to overcome a GOP filibuster or to waive the 60-vote requirement in the U.S. Senate. (Remember: Republicans voted to do away with the filibuster for Supreme Court Justices when they packed the Court with the lying Justices Gorsuch, Kavanaugh and Barrett during the Trump Administration.)

But Parton would also like to see a series of separate votes on related matters to get all members on record. For example, a law that establishes "that you're not allowed to punish women for any pregnancy-related crime" and one that would protect abortion in cases of rape or incest. "Are you for rape?' Get them on the record," she advises. "If you want to raise awareness about what these people are really talking about, maybe you need to get more explicit about it."

Also, we discuss my belief that buying into the Conventional Wisdom emanating from the corporate media which presumes Dems will take a shellacking this November is a huge mistake in these decidedly unconventional times.

FINALLY today, Desi Doyen's got our latest Green News Report, on the EU's plan for a Russian oil embargo; CA's investigation of Big Oil lies about plastic recycling; and plummeting levels at western reservoirs leading to unprecedented water cuts and revealing...wait for it...long dead bodies.

Enjoy!...

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You've heard the stunning news from the GOP's packed and stolen Supreme Court by now. But whatever you have heard, it's likely even worse than that, as explained on today's BradCast. [Audio link to full show follows below.]

For years in the U.S., polling has found that huge majorities of Americans oppose overturning Roe v. Wade, 1973's landmark, 7 to 2 SCOTUS opinion (with five Republicans voting in its majority), establishing the now, long-settled Constitutional right to abortion services in all 50 states. Polling released today from just last week confirms Roe's popularity, with approximately 2 to 1 majority support across the country.

On Monday night, however, Politico published an unprecedented leak of a 98-page draft opinion written by Justice Samuel Alito, on behalf of a reported 5 to 4 Court majority, that would completely overturn Roe and a number of other rulings that had further affirmed it more recent years.

Unless one of the Justices decides to change their vote between now and the final release of the opinion over the next two months, it will then be left to states to decide whether they wish to allow women the right to have the procedure. In nearly two dozen states, it will immediately become unlawful if the draft majority opinion is published. In Texas, for example, "The second Roe is struck down, it will be a first degree felony --- punishable by life in prison --- for a Texas doctor to perform an abortion for a woman who was raped and impregnated by a family member."

As terrible as that is, it could get even worse. Earlier rulings that helped establish the right to reproductive freedom for women, and several that came after Roe, would then be teed up to be overturned as well by the radical Rightwing activists now packed onto our SCOTUS. Rights to purchase contraception and for same-sex marriage could also be overturned, just to name two such "unenumerated rights" that, like abortion, have been established by the Court even though they are not specifically named in the Constitution.

And for those who have been conned by the same liars who said claimed Roe would never be overturned, that the GOP didn't really want that to happen, who are now being told that overturning Roe would simply leave it to states to decide whether or not women are allowed to enjoy personal liberty, there is already a national movement afoot to ban abortion at the federal level. If Roe is struck down, as now appears almost certain, all it will require is a GOP majority in each chamber of Congress and a Republican in the White House to turn the clock back 50 years in all 50 states.

Lots to discuss today, obviously, including the dishonest remarks Samuel Alito offered during his 2006 Senate confirmation hearings before he was granted his lifetime appointment, when he lied in his answer as to whether he believed Roe to be settled law. Also, regrets today --- apparently, they have a few --- from theoretically pro-choice Republican Senators Susan Collins of Maine and Lisa Murkowski of Alaska. Both previously said they were convinced by Trump's anti-choice nominees to the High Court --- Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett --- that Roe would remain in place. So, they each supported Trump's nominations, even after Mitch McConnell blew up the filibuster rule for lifetime appointments to the Supreme Court in order to pack them onto it. In Barrett's case, she was seated just eight days before the 2020 Presidential election, after Republicans refused to even allow a vote on Barack Obama's nominee for a year following the death of Antonin Scalia in 2016.

We're joined today by attorney and former law school teacher turned journalist and podcaster, JESSICA MASON PIEKLO, Executive Editor of Rewire News Group. She last joined us on the program back when Kavanaugh was similarly lying his way through his own confirmation hearings.

She predicted in June of 2021 --- when the Court first took up Dobbs v. Jackson Women's Health Organization, the case now being decided by the Court, the Mississippi case seeking to ban abortions after 15 weeks, in violation of Roe --- that SCOTUS was preparing to overturn Roe entirely. "This is the Supreme Court Case That Will End 'Roe v. Wade,'" she warned at the time. And that was well before Barrett was even nominated.

"There was no reason for the Supreme Court to take up the Dobbs case unless it had plans to overturn Roe v. Wade. That's just a fundamental fact," she explains today. "At the time, there was not a single federal court in the country that thought that law was Constitutional. Every court that looked at this issue, whether it was Mississippi's law or copycat laws in other states across the country, had said the Constitution, Roe v. Wade, Planned Parenthood v. Casey, very clearly do not allow states the power to ban abortion before fetal viability. Then Amy Coney Barrett happened, and here we are."

When Dobbs was taken up at SCOTUS last year, she explains, "the question was whether or not the Court was going to uphold the Mississippi law within the confines of Roe v. Wade. So, as of June last year, even the state of Mississippi hadn't asked the Court to formally overturn Roe v. Wade." But after Barrett was seated, just before the 2020 election, MS began asking the Court to fully overturn it. "It's a full bait-and-switch," charges Pieklo today.

Worse, she explains, Alito's leaked draft opinion "doesn't just call for overturning 'Roe'. It really attacks privacy rights writ large, makes it clear that they're coming for rights like marriage equality...sodomy bans...birth control. All of those things are there. Fetal personhood is there. There's just so much to be concerned about [with] the plans that are there."

Think none of that stuff could ever happen? Yeah, Collins and Murkowski probably agree with you.

What can be done? We discuss. But, as we've been explaining for some time, never mind Conventional Wisdom that says Democrats will take a shellacking this November. These are decidedly unconventional times. Stop whining. Get to work...

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On today's BradCast: A very lively conversation with one of our favorite guests...about a very dark moment in our nation's history. [Audio link to full show is posted at bottom of this summary.]

Last week, on the final day of its term this year, the 6 Republican Justices on the GOP's stolen and packed U.S. Supreme Court majority, "turned back the clock on voting rights," according to UC Irvine election law professor Rick Hasen. A week after Justice Samuel Alito opinion for the majority in Brnovich v. DNC was published, Hasen is "angry" that "so much of the public does not realize what a hit American democracy has taken," as the ruling "reopens the door to a United States in which states can put up roadblocks to minority voting and engage in voter suppression with few legal consequences once a state has raised tenuous and unsupported concerns about the risk of voter fraud. It's exactly the opposite of what Congress intended."

We share Hasen's fury today. Not only about the activist Rightwing SCOTUS jurists legislating from the bench to wholly rewrite the intent of Congress, but also about them ignoring the couldn't-be-clearer, simple meaning of the plain text of the 15th Amendment. The entire thing is only two sentences long. The first declares "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." The second states that "The CONGRESS shall have the power to enforce this article by appropriate legislation." [Emphasis added for our six deceitful, dishonest SCOTUS Justices.]

Once again, the Supreme Court has chosen to simply ignore that second sentence in --- yet again --- gutting the Voting Rights Act, the appropriate legislation Congress wrote, and has amended to strengthen several times, in order to enforce the 15th Amendment, as literally directed by the Constitution. And, once again, the Roberts Court has put the lie to the bogus claim by the Right that the Republican appointees are "originalists" or "Constitutional textualists" who believe only in the literal, plain text meaning of Constitution as it was written. That is clearly, and always has been, a bald-faced lie.

We're joined today by the great MARK JOSEPH STERN, legal reporter at Slate, to discuss, at term's end, the outrage of the "mangled" Brnovich opinion, which now allows Arizona and other Republican controlled states to simply ignore the expressed intent of Congress' specific legislation barring voting laws that result in disproportionate disenfranchisement of minority voters and pretends that the Judiciary, not Congress, has the "power to enforce" the Constitution's 15th Amendment.

"You're dead right about the Fifteenth Amendment," Stern tells me. "And I do think it's worth noting that all of the Reconstruction amendments expressly empower Congress to enforce them. Because the framers of these amendments after the Civil War recognized that it was crucial not to just rely on the federal courts to protect rights, that Congress itself needed to play a leading role in the protection of Constitutional rights. And, particularly, the protection of political equality for people of all races."

"The conservative Justices [they're not "conservative", which we discuss as well!] have adopted this position not just of judicial supremacy but judicial arrogance, that the framers of the Reconstruction amendments couldn't possibly have intended to give Congress power to go beyond the Supreme Court's own interpretation of the Constitution.," Stern fumes. "This is a theme that we see from conservative justices over and over again --- where they say 'We're the ones who decide what counts as a right. We're the ones who decide what counts as legal and illegal, and Congress has nothing to say. Congress can only enforce our own rulings. What five of us say on this Supreme Court overrules what everyone says in Congress and the elected democratic branches. That has led to this twisted position where we don't see a lot of litigators actually speaking about the text of the 15th Amendment because the court has said, 'We sit at the top of the hierarchy, we get to decide, and all Congress can do is enforce our positions.'"

Stern also joins Hasen's (and my) anger in seeing SCOTUS blatantly ignore Congress's express intent for Section 2 of the VRA to prevent voting laws that result in the disenfranchisement of minorities. "What Justice Alito has done," Stern tells us, amounts to simply "making up" a new rule that is "totally fabricated" and "nowhere in the text" of either the law or the Constitution, in setting new "guideposts" for the use of the VRA's Section 2. "The law says very explicitly that any voting restrictions that results in disproportionate impact on racial minorities is illegal."

At the same time that the Court allowed Arizona's new voter suppression laws, Stern notes the irony of Chief Justice John Roberts, on the very same day in another "bitterly divided" 6 to 3 opinion (Americans for Prosperity Foundation v. Bonta), blocking the state of California's law that allowed its Attorney General to learn the name of "dark money" donors to non-profit groups in order to enforce state laws and limits. All of which, Stern observes, bodes very darkly for both what is to come in the next term of SCOTUS (major cases on guns, abortion and affirmative action are on the docket) and beyond --- not to mention any laws Democrats in Congress may pass (if they can ever reform the filibuster) to protect voting rights.

"In fact, I have been saying for a long time, unfortunately, that this Supreme Court will strike down large portions, if not all, of the For the People Act and the John Lewis Voting Rights Act," Stern warns. "Next term is winding up to be one of the most catastrophic terms for progressives, for the left, in history --- in the entire history of the country."

With that bright news, we also discuss the disappointment of 82-year old, Democratic-appointed Justice Stephen Breyer failing to announce his retirement last week as many hoped, so he could be replaced by a Democratic White House and Senate, while both still exist. And, yes, there is much more in our conversation today regarding SCOTUS at the end of its first term with three far-right activist jurists packed onto it by Senate Republicans who happily blocked a Democratic appointee to the Court for year, before unilaterally killing the Senate filibuster to seat all three of Trump's appointees.

Also today, remember all of those major corporations who pretended to express outrage after the January 6th insurrection and the passage of voter suppression laws around the country, vowing to halt corporate donations to members of Congress who voted against the certification of Joe Biden's decisive victory over Trump? Yeah, as we warned you months ago, most of them didn't actually mean it. Now we have much more proof...

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On today's BradCast: You've almost certainly heard by now about Georgia's disastrous primary election last week, when new computer voting systems, shuttered polling places and thousands of absentee ballots that never arrived to voters resulted in hours-long voting lines, disproportionately in heavily-minority areas of the state. You may not have heard, however, that the new computer scanners the state's Republican Secretary of State forced all counties to use to tally hand-marked paper absentee ballots on June 9th appear to have failed to tally potentially thousands of votes across the state. We're joined today by the woman who first discovered the gob-smacking --- and still unexplained --- failure in GA's new, failed, statewide voting systems last week. [Link to audio of full show is posted below.]

But first up, a few noteworthy breaking news items today...

• The FDA has revoked emergency use authorization of the drugs hydroxychloroquine and chloroquine as a treatment for COVID-19, finding the serious and potentially deadly dangers of the drugs outweigh any potential, unproven benefits. These are the drugs that non-health expert Donald Trump (and Fox "News") repeatedly encouraged Americans to take, pressuring the FDA in the early days of the coronavirus to approve for broad use. Trump repeatedly declared, "What do you have to lose?" in taking it. The answer: potentially your life, according to the FDA and the National Institutes of Health as of today;

• The coronavirus still continues to spread across the U.S., with infection rates and hospitalizations spiking in many places across the nation, particular where businesses have been allowed to reopen too early. Texas, for example, has continued to break its own hospitalization records, day-after-day over the past week. All of that since GOP Gov. Greg Abbot allowed many business to reopen on Memorial Day weekend and for Phase III of the state's reopening plan (allowing some restaurants to fill up to 75% of capacity) to go into effect on Friday, despite the deadly and continuing surge of new cases and hospitalizations;

• Stunning and great news on Monday, shockingly enough, from the U.S. Supreme Court, which ruled 6-3 that employers may not discriminate against LGBTQ people. Republican-appointed Justice Neil Gorsuch, writing for the majority(!), said that firing gay or trans people because they are gay or trans amounts to unlawful discrimination on the basis of sex. That is forgidden by Title VII of the 1964 Civil Rights Act. The ruling is a huge victory for the civil rights community and those of us who believe in freedom and liberty and the rule of law;

• More good news from the Court today. SCOTUS declined to hear about a dozen different cases appealed to the Court by gun rights activists hoping to further broaden the 2nd Amendment.

Then, a bit of very rare good news out of last week's disastrous GA primary: Overall turnout was way up as compared to 2016's primary, and especially among Democrats where three times as many voted in the state's U.S. Senate primary than did so four years ago. Moreover, curiously enough, many more Republicans voted in last week's uncontested GOP U.S. Senate primary for Sen. David Perdue than voted for Donald J. Trump in his own uncontested Presidential primary in a state that many believe could flip from red to blue in November for the first time in decades. But that's the end of the "good news" out of Georgia's horrific election last week.

With voters (mostly in Democratic-leaning areas) forced to wait in hours-long lines at the polls, where the final votes was cast well after midnight on Wednesday, election integrity advocates have now learned that things are even worse than previously known.

During mandated bi-partisan county reviews of ballots identified by the state's new absentee ballot computer scanners as having potential over- or under-votes, our guest today discovered that the computer tally systems were failing to count votes at all in certain races on an untold number of ballots. Election Integrity advocate JEANNE DUFORT, was reportedly the first to notice that the digital computer scanners were simply failing --- inexplicably --- to count completely countable votes on ballots she reviewed while serving on a bi-partisan three-person review panel in her county. Dufort has served as a plaintiff in a number of successful legal complaints brought by the non-partisan Coalition for Good Governance, challenging the horrific computerized voting and tallying systems (both old and new) forced on all 159 counties in the state by its Republican Secretary of State.

After first spotting the apparently uncounted votes, she says on today's program, "we checked the audit trail. The computer said, 'unvoted.' But we're looking at a voter mark. No confusion that it's a vote." The same problem was subsequently discovered on a huge proportion of ballots reviewed in DeKalb, Clarke and Cherokee Counties. According to voting systems experts, the uncounted votes are likely to be found in every county in the state, since they were all forced to use the same new systems this year. (A system which, by the way, even the state of Texas refused to certify for use there, finding it to be "fragile and error prone.")

Despite rates of anywhere from 5 to 10% of ballots discovered in the initial four counties to have had valid untallied votes on them, DuFort says that while the votes on ballots they reviewed were added to the results, Morgan County's Board of Elections voted against an examination of the county's other 3,000 absentee ballots. She describes that vote by the Board as a "huge disappointment," telling me that "head in the sand is not a good strategy when a problem materializes." But that appears to be the state of Georgia's strategy on just about everything these days. The Secretary of State's office initially denied there was any problem at all, dismissing DuFort as a partisan "activist". In fact, while she serves as the 1st Vice Chair of the Morgan County Democratic Party, she works with the Coalition for Good Governance whose Founder and Executive Director, Marilyn Marks, is both a frequent guest on The BradCast and a registered Republican.

Since the discovery and confirmation of the massive computer counting flaw --- which could affect untold thousands of votes across the state --- the Coalition has called for a "thorough transparent investigation and correction of the vote count [which] must be immediately undertaken and completed prior to certification of the election results." DuFort, however, tells us that "so far, the state has not shown an interest in investigating it. It's shown an interest in denying there's a problem."

"We're calling on counties all over the state, before they certify, to do a human eyeball review to see what other votes are out there that are embedded in ballots that have just plain not been counted and should have been counted," she says about the problem that one panelist in a different county said was discovered "by sheer luck" during the review of ballots flagged by the computer system for other reasons.

DuFort suggests that some of the candidates who ran in last week's contested statewide Democratic Primary for U.S. Senate, for example, may be able to take legal action, since Georgia law "is clear on this" that votes must be counted. Citing several voting system and computer science experts who have verified the flaw, DuFort argues: "Folks who know about these things tell us that what we've seen with our own eyes is likely a bug. Bugs can happen. [In a] big, first-time statewide rollout, you can have a bug. Nobody's complaining that there's a bug. But you've got to be interested enough to go and find it and fix it. We've got a big consequential race coming up in Georgia in November, and you better learn from this experience and fix it before then."

Whether the state will learn anything or not remains to be seen as this story continues to develop and explanations are sought for what happened and how large the problem actually is. We will cover it, of course, as it continues to do so...

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