We've largely stayed away from the "horse race" on the Democratic side of the 2020 Presidential race to date, preferring, as we're wont, to focus on more immediate issues, as well as the "track conditions" on which the horses are set to run next year. But on today's BradCast, we finally open the phones to turn to the horse race a bit, in advance of this week's first 2020 Presidential debates.

But first, a few news items of note. Among the stories covered today before we turn to the phones....

• Were you thinking that 23 or 24 candidates for the Democratic Presidential nomination just wasn't enough? Were you hoping one more white male from a swing-state might enter the race? Well, retired three-star Navy Vice Admiral, former Pennsylvania Congressman and failed U.S. Senate candidate Joe Sestak may be the man for you!;

• In U.S. Supreme Court news, the Justices released an opinion today finding that the decades-old federal statute preventing the issue of trademarks to brands determined to have "scandalous" or "immoral" names is, in fact, an unconstitutional violation of the Free Speech clause. That will be good news to lifestyle brand FUCT which had been denied a trademark registration for years. In her opinion for the majority, Justice Elana Kagan also may have offered a preview, according to Mark Joseph Stern, of, at least, her opinion on the Court's upcoming crucial ruling on partisan gerrymandering, as she noted that free speech cannot be denied on the basis of viewpoints or ideas conveyed. The challengers in the two partisan gerrymandering cases pending before the Court --- with a decision due any day now --- are arguing that state political opponents are seeing their voting power diluted by the party in power on the basis of their political viewpoints when it comes to the partisan gerrymandering of maps for the U.S. House and state legislatures;

• In a follow-up to our Friday program's segment focused on horrific conditions for migrant children detainees on the border, Vice President Mike Pence was on CNN Sunday, working very hard to filibuster and otherwise avoid Jake Tapper's direct questions about the Administration's argument --- offered last week in federal appeals court --- that denying soap and toothbrushes to children forced to sleep on freezing concrete under a single foil blanket in overcrowded facilities somehow qualifies as "safe and sanitary" conditions for those children, as required by federal courts. Late today, some good news on that front, as nearly 300 children at a "squalid" Texas facility --- featuring lice, the flu, kids who hadn't showered in weeks, and detained children asked to take care of infants and toddlers --- have now been transferred out of at least that horrific facility...at least for now;

• Then, with one failure after another after another in North Carolina's elections in recent months and years, even the former counsel for the North Carolina state Board of Elections is now calling for HAND-MARKED paper ballots for every voter. So why isn't the state of Georgia? Why isn't the city of Philadelphia in the key swing-state of PA? Why is the nation's largest voting jurisdiction, Los Angeles County, now moving from hand-marked paper ballots to 100% unverifiable touchscreen Ballot Marking Devices (BMDs) in advance of the 2020 Primaries? And why is Mitch McConnell in the U.S. Senate blocking any and all legislation that would increase election security by, among other things, mandating a hand-marked paper ballot for all voters? We discuss. Again;

• Then, we open up the phone lines to callers, with the broad questions in advance of the first 2020 Democratic Presidential debate this week: What will our listeners be looking for in this Wednesday and Thursday's two-night face-off among 20 candidates? What is the most important factor they hope to find in a Democratic nominee? Who do they like so far and who do they not like? We offer the chance to advocate --- or bash --- any of the candidates callers may wish, along with the question: Would they vote for a nominee they may not like in the general election, rather than hand Donald Trump a nation- and planet-devastating second term? We got a lot of good callers and interesting thoughts from them along the way...

Please enjoy today's very lively show!...

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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, Trump is back from his "incredible, historic" overseas trip, where everything was wildly successful, according to the White House. Longtime U.S. allies, however, do not appear to agree. Also, both he and fellow Republicans are facing a number of setbacks in court on both immigration and election-related matters. [Audio link to show posted below.]

The President returned from his 9-day overseas trip over the weekend amid still-growing investigations into Team Trump's secretive dealings with Russia and after, apparently, ticking off a number of very close U.S. allies. German Chancellor Angela Merkel, in particular, appeared disturbed about several issues, including Trump's failure to commit to keeping the US in the landmark UN Paris Climate agreement. Also, both before and during the trip, Trump managed to repeatedly lie about NATO members' commitments to the alliance. We've got some much-needed fact checking on that.

In the meantime, over the past week, there have been a number of landmark court rulings, both at the Appellate Court level (regarding Trump's second attempt at an Executive Order banning travel from six Muslim-majority nations and indefinitely barring refugees from war-torn Syria) and at the U.S. Supreme Court in two separate election-related cases (one on campaign finance and one on partisan and racial gerrymandering that could have far-reaching consequences.) Both cases also reveal interesting --- and somewhat surprising --- positions from Justice Clarence Thomas and the stolen Supreme Court's newest Justice Neal Gorsuch.

Legal journalist Mark Joseph Stern of Slate.com joins us to unpack all of those encouraging rulings, to explain why each is important, and to discuss what happens moving forward in all of them. He also offers a much-needed reminder of how the Trump Administration is still working below the mainstream media radar to deport thousands of undocumented immigrants --- on the thinnest of grounds, such as a traffic ticket --- despite many of them having lived in the U.S. since childhood or otherwise having children and family here. Those disturbing deportations continue, even as so many in the media (including us!) get too easily distracted by, as Stern notes, "Trump's latest tweets".

As to the election-related cases at SCOTUS, one of them, upholding campaign finance restrictions on the amount that individuals are allowed to donate to candidates and parties, may reveal what many have argued about Gorsuch --- whose seat was stolen for him by Senate Majority Leader Mitch McConnell and the rest of the Senate Republicans. Namely, that he is at least as far to the Right as Clarence Thomas, and perhaps even more so.

The other finding by the Supremes last week, agreeing with a lower court ruling that two North Carolina Congressional Districts were unlawfully drawn on a racial basis, is likely to have far reaching consequences as applied to a number of other recent, similar cases (in Texas, Virginia, Alabama, etc.) in which Republicans were found to have unconstitutionally drawn districts based on race. But, and here's where last week's ruling may set an important precedent, the majority opinion written by Justice Elena Kagan also finds that using race as a proxy for partisan gerrymandering is also in violation of the Constitution. In recent years, Republicans have argued that certain voting restrictions and gerrymandered districts were not done on a racial basis, but on a partisan one. The latter, they argue, is perfectly legal and Constitutional. Incredibly enough, that may be true --- at least for the moment --- but it was rejected in the NC case.

The state had argued that black voters were packed into just a couple of districts because they tend to vote Democratic, not because they were black. "The problem for the Court with that was that even though North Carolina purported to be using race as a mere proxy for partisanship,it was still using race," Stern explains. "And the five Justices in the majority said, 'Look, we get that you think this was just about partisanship. We get that you weren't trying to discriminate against black people. You were trying to discriminate against Democrats. But you still used race, you used black people, to accomplish your goals. And that, in itself, is a violation of the Equal Protection clause.'"

In other words, he says, the Court found: "You are no longer allowed to use the excuse that you weren't discriminating against blacks, you were discriminating against Democrats. It doesn't matter who you were trying to discriminate against --- what matters is that you used race as a proxy. That is the constitutional tripwire."

As to whether discriminating against Democrats on a partisan basis, that argument is now being tested in courts, says Stern. For now, though, it appears to have failed, at least in this North Carolina case and, in a seemingly shocking turn, didn't even win over Clarence Thomas, of all people. He joined the Court's liberal justices to give them the 5 to 3 majority in the case!...

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The new Twin Peaks (which is excellent, by the way!) may be less surreal than the latest goings on inside our current White House. On today's BradCast, the latest news on the ever unfolding investigations into Team Trump and on his overseas trip (stories Trump already managed to conflate today), along with big election-related news from the U.S. Supreme Court and a quick preview of this week's upcoming U.S. House special election in the state of Montana. [Audio link to show is posted below.]

Today, before we get to the latest in the David Lynchian tales of President Trump, two new and important election-related rulings by the U.S. Supreme Court. One, being described by UC Irvine Election professor Rick Hasen as a very "big deal" and "a major victory for voting rights plaintiffs" deals with racial and partisan gerrymandering in North Carolina, with ramifications for a number of other similar Republican gerrymanders in several states. The other is a victory for campaign finance restrictions. Both cases feature surprising alliances between Republican and Democratic-appointed Justices following last month's confirmation of Neal Gorsich to fill the vacant seat stolen by Republicans after the death of Justice Anton Scalia.

And, speaking of elections, we also preview the U.S. House Special Election set to take place in Montana this Thursday, as populist first-time candidate and popular folk singer Rob Quist barnstormed the state over the weekend with Bernie Sanders. Republican establishment candidate Greg Gianforte is said to have a small lead in pre-election polls, despite being recently caught on tape supporting the GOP health care bill while seeking money from wealthy lobbyists, even while telling voters on the stump he hadn't made up his mind about it yet. In addition to providing a bellwether for the 2018 elections, it may also serve to shake up the current, very serious divide within the Democratic Party itself, depending on how the results shake out this week. That divide has been somewhat obscured by the madness of the Trump White House, but the bitter split between Bernie and Hillary partisans is still very much creating a rift among progressives and Democrats.

Then, we're joined by the great Heather Digby Parton of Salon.com and the Hullabaloo blog to try and make sense of ALL of the latest in the increasingly surreal Trump Administration investigations, and the ongoing troubles Trump ("the clear and present danger"), his former National Security Adviser Michael Flynn ("something wrong with him"), his Vice President Mike Pence ("Involved up to his eyeballs"), and many others. In addition to all of that and whether or not it may be heading towards impeachment, Parton also shares thoughts on Trump's overlooked recently reported threat to lock up journalists (reminding us that AG Jeff Sessions is "by far the most dangerous, malevolent person in the Administration") and offers insight on a number of late-breaking stories related to all of the above, including: Flynn, reportedly, now taking the 5th to avoid self-incrimination in response to Senate Intelligence Committee subpoenas; Trump digging himself deeper in Tel Aviv during his 9-day jaunt overseas; and now he may have even have lost a few of his own supporters following his speech on Islam in Riyadh, Saudi Arabia.

If you watched the new Twin Peaks over the weekend, as I did (the first two hours all year that I haven't thought about Trump, frankly!), what's going on in this Administration is even more difficult to make sense of right now, believe it or not. So, enjoy!...

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