On paper, Donald B. Verrilli, Jr., who was appointed by President Barack Obama to replace now Supreme Court Justice Elana Kagan as the U.S. Solicitor General, appears to be an experienced litigator with a distinguished background.

It is a background that includes having served as a law clerk for former U.S. Supreme Court Justice William Brennan, Jr. and having participated in over 100 cases before the U.S. Supreme Court. However, Verrilli's participation in Supreme Court oral arguments --- earlier with respect to the Affordable Care Act (ACA, or "ObamaCare") and, recently, in the challenge to Section 5 of the Voting Rights Act, as well as U.S. v. Windsor, with respect to the Defense of Marriage Act (DOMA) and in Hollingsworth v. Perry pertaining to California's Proposition 8 --- raises some disturbing questions.

Either Verrilli lacks the professional competence to assume primary responsibility for supervising and conducting litigation on behalf of the U.S. Government before the Supreme Court, or Verrilli, and the Obama administration, are so politically fearful of staking out principled positions that they have opted for a muddled middle ground. Perhaps it's a little of both.

Regardless, if the Windsor and Hollingsworth cases should establish a constitutional right of same-sex couples to marry, as urged by attorneys Ted Olson (R) and David Boies (D) in their Prop 8 Supreme Court brief [PDF], it will be despite the half-baked arguments presented by the Solicitor General, not because of them...

In 2004, in one of our earliest posts on this site (our 15th, in fact) we declared "gay marriage" to be a "done deal".

Six years later, in late 2010, after a number of good court decisions in the week or two prior, largely in regard the military's now-defunct discriminatory "Don't Ask Don't Tell" (DADT) policy, we wrote:

Well, as of this week, it looks like "the bad guys" finally have noticed and are in the process of coming to terms with it...

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IN TODAY'S RADIO REPORT: Scotland has a message for Donald Trump's hot air on wind farms; The IMF has a message for the oil industry (and they're not gonna like it); PLUS: A whole lotta frackin' going on --- from PA to CA, new revelations --- and earthquakes --- crack the fracking industry's facade ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Iceland baffled by Chinese tycoon's Arctic golf resort; How US can shift from oil & gas; Iraqi oil now mostly China’s; Solar energy brings voters to the polls in Kenya; Republican mayor leads CA city to nation's first solar energy mandate; Water wars: NM farmers vs. fossil fuel industry; Another bleak drought season for U.S.; Red states use more energy than blue states; UK's record weather extremes linked to Arctic sea ice loss; White House supports relaxing nuke rules; Rat poison manufacturer fights EPA ban ... PLUS: "You Can Have More Fossil Fuel. Or You Can Have Water. Your Choice." ... and much, MUCH more! ...

It's been a big gay week at the U.S. Supreme Court! So it seemed time to call on my friend Mike Rogers of RawStory.com to join me on the KPFK BradCast to talk about it all.

Rogers has joined me over the years for various 'Big Gay Hours' on the radio --- going all the way back to the darkest anti-gay years of 2004 and 2005 when the campaign against marriage equality had first been weaponized by the Republican Party. So it is with some joy that we were able to mark the extraordinary victories, and speed with which they have happened, for the gay community, as well as for those of us in the constitutional conservative community who believe in things like Equal Protection under the Law, etc.

We discussed both the CA Prop 8 and DOMA hearings this week at SCOTUS, how we all got here, and what has become of some of those closeted gay politicians who fought against gay rights and inspired Rogers to become an investigative blogger, open his old BlogActive.com site and begin reporting (and outing) the hypocrites standing in the way of equality for all. His work, outing folks such as Sen. Larry Craig and others, eventually helped to inspire Kirby Dick's 2009 documentary Outrage (in which he is featured).

We played and discussed some of the clips from this week's hearings, including some of the shameful performances from Justice Antonin "Just Makin' Shit Up Again" Scalia, Prop 8 proponent attorney Charles Cooper and the Obama Administration's horrible Solicitor General Donald Verrilli.

I also covered a bit of the mysterious Florida Election cyberhack story out of Miami-Dade (and a new clue to the mystery), and Desi Doyen joined me to have a laugh at the Tennessee "conservatives" who've suddenly found an amusing reason to finally give a damn about mountaintop removal mining, and for the latest Green News Report...

Download MP3 or listen online below...

A week or two ago, after seeing Attorney General Eric Holder, in Senate testimony, pretend that he was "concerned" about a lack of prosecution of big banks due to their being too large, I described his claims, in a bit of a rant here as "complete bullshit".

Over the weekend, I spoke (via a very bad web cam) to Mike Papantonio on Ring of Fire about that very issue...

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IN TODAY'S RADIO REPORT: Water wars in the U.S.; Bad year for butterflies; ExxonMobil fined (barely) for Yellowstone River pipeline spill; Russia stockpiles snow for the 2014 Winter Olympics; PLUS: Apple computers goes renewable ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): World’s Most Powerful Private Supercomputer Won’t Cure Cancer, But Will Find Oil Super Fast; Ocean warming has accelerated in past 15 years; Scientists work to create fuel from CO2; Scientists link frozen spring to dramatic Arctic sea ice loss; Fracking companies win WY disclosure suit; IG: DOE mismanaged stimulus-backed climate program; Peru declares environmental state of emergency; Canada must leave tar sands in the ground: study ... PLUS: Trump trumped: Scottish government approves windfarm opposed by Donald Trump ... and much, MUCH more! ...

One month ago, The Miami Herald's Patricia Mazzei unleashed an excellent investigative report on an attempted series of online cyberhacks of absentee ballot requests prior to last August's primary election in Miami-Dade County, Florida.

Mazzei's article describes the mysterious attempt by someone to request more than 2,500 absentee ballots for elections in three different Miami-Dade districts using anonymous proxy Internet Protocol (IP) addresses from foreign countries to hide the real identity of the requester. A grand jury looked into the matter [PDF] of the "phantom" requests, but was hamstrung by the fact that they were not told --- the article says it was due to administrative confusion --- that the initial IP addresses used to make the absentee ballot requests were actually not from overseas, but local to Miami-Dade. Had prosecutors had that information, they might have been able to zero in on the culprits, rather than close the investigation late last year without identifying a suspect.

The case has now reportedly been reopened, but the length of time since the initial event may have allowed the trail run cold. Hopefully we will find out soon.

Last week, the story suddenly received a lot of fresh attention after it was picked up by NBC News' Gil Aegerter who describes what happened as the "first known case" of such a cyberattack on a U.S. election.

Setting aside, for now, the point as to whether this is the first such attack --- I've reported quite a bit of evidence of several others over the years (the NBC report links to a number of stories I've broken on these matters, including one of my stories at ComputerWorld in 2007 describing a malicious virus that struck Sarasota's contested 2006 Special Election for the U.S. House where some 18,000 votes ultimately disappeared from the touch-screen voting machines) --- there are a few key points and lessons from this story which I'd like to underscore, despite the fact that the mainstream corporate coverage has been pretty decent here for a change.

Additionally, one of several key remaining mysteries in the story --- a story that I've been trying to make sense over the past several weeks, since learning of it --- may now have an answer, or at least a new and troubling clue...

We desperately could use a toon or two around here of late. Sorry this is not a happier or funnier one though...

As to the extra punchline at bottom right, it's a reference to the quote misattributed to Churchill: "Americans can always be counted on to do the right thing…after they have exhausted all other possibilities."

And, by the way, a better name for "Carbon Tax" is "Pollution Tax".

Yes, companies who dump huge amounts of pollution --- tons and tons of it --- into our atmosphere every single day ought not be able to do it for free, as they do now, since we all have to pay the price of cleaning it up, as we are now doing in spades.

[Hat-tip Joe Romm at Climate Progress]

If you haven't noticed, of late, Desi Doyen --- the Managing Editor of The BRAD BLOG's Green News Report and my co-host on that nationally syndicated radio feature --- has been guest hosting The Young Turks' nightly online video show quite a bit of late. (She did so several times already this week, and will be back again tonight. You can watch tonight's airing right here from 9p-11p ET / 6p - 8p PT.)

One of the segments from last night's episode, while disturbing, is worth flagging at least briefly here, as its an issue we've touched on throughout the years, going back to the earliest years of the Iraq War. It's also one that has been under-covered and under-investigated by the mainstream corporate media.

The use of depleted uranium, a byproduct of the nuclear power industry, in U.S. weaponry is believed by many to be tied to an alarming increase in birth-defects in Iraqi children, as well as cancer rates in members of the U.S. military. While some studies report no significant health risks due to the use of such weaponry, a lack of long-term studies leaves the issue, for now, an open question --- at the very least. Truthout's Mike Ludwig reported this week that "The United Nations Environment Program (UNEP) has estimated that 1,000 to 2,000 metric tons of depleted uranium was fired during the 2003 war in Iraq," and that clean-up costs for some 300 to 365 sites where "depleted uranium contamination was identified by Iraqi authorities" is estimated to cost tens of millions of dollars.

While the U.S. and British governments "disputed allegations that their weapons have poisoned soldiers and civilians and caused increased rates of cancer and birth defects," as discussed in the segment below from last night's TYT show, the reported rate of birth defects in Fallujah, for example, is now said to be 14 times higher than it was in Hiroshima and Nagasaki after the U.S. dropped atomic bombs there.

The use of depleted uranium in U.S. weapons is believed by some to be one of the reasons for that alarming statistic, as Desi discussed along with TYT regulars Ana Kasparian and Steve Oh last night. [WARNING: Some of the photos shown in the segment are graphic and disturbing]...

A couple of the other (less graphic) segments from TYT in which the lovely Desi helps with righteous rants and the raking of various muck include...

• Amazing backlog of Veteran Benefits begs question as to who actually "supports the troops"? (A particularly sharp, and personal, Desi rant in this one!) Watch it here...

• "Catfight" breaks out between current and former GOP chairs Reince Priebus and Michael Steele. Watch it here...

Yesterday we published Tomas Young's "Last Letter: A Message to George W. Bush and Dick Cheney from a Dying Veteran", in which the 33-year old U.S. Army veteran, paralyzed from the chest down during an ambush on a rescue mission in Iraq in 2004, announces his plan to soon allow himself to die, as his physical condition has intolerably deteriorated.

We included a link to our own interview with Tomas in 2005 when he first came down from Kansas City to "Camp Casey" in Crawford, TX, on his honeymoon, in support of Cindy Sheehan whose son Casey was killed on the same day, in the same city --- 4/4/04 in Sadr City --- where Tomas was shot twice and gravely injured in the unarmored truck his platoon had been sent out in.

Tomas has been a tremendously heroic and outspoken anti-war voice over the years, as we were reminded once again today during this morning's heart-wrenching episode of Democracy Now! devoted to his story. Phil Donahue, co-director of the 2007 documentary film about Tomas, Body of War, (in which our '05 interview with Tomas is briefly seen) is on hand as well for the discussion. The hour included a live satellite interview with Tomas, who now struggles to speak. His thoughts seem very coherent, but what is left of his body and its functions are clearly breaking down. He is joined by his wife Claudia.

It is all worth watching, if you can spare the time. The clips from Body of War, especially the one in which Tomas speaks with the late Sen. Robert Byrd (D-VA) as they read off the names together of the "Immortal 23" who voted against the Iraq War in the U.S. Senate, are particularly moving.

This is the story of the Iraq War ten years later --- and how it broke this nation just as surely as it broke Tomas Young's body and eventually his spirit and will to live...

After the lengthy segment above, Donahue is asked about his plight at MSNBC where he was fired just before the war began, as we would later find out from an internal executive memo, because his show included too many anti-war voices.

He says the episode reveals "how corporate media shapes our opinions and our coverage."

"They were terrified of the anti-war voice. And that is not an overstatement," Donahue says. "If you're General Electric, you certainly don't want an anti-war voice on a cable channel that you own. Donald Rumsfeld's your biggest customer!"

He explains again how he was required to have two pro-war voices for every anti-war voice he had on his show. "I could have [Bush Admin Iraq war hawk and architect] Richard Perle on alone, but I couldn't have Dennis Kucinich," he explains. "I was considered 'two liberals'." That segment can be watched here.

Finally, in the last moments of the show, Tomas reads his "Last Letter" to Bush and Cheney aloud and answers Democracy Now! host Amy Goodman's question as to whether there is anything that might lead him to change his mind about his decision to soon stop using his feeding tube in order to allow his life to end.

That video segment, including Tomas' answer to Goodman's question, follows below...

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IN TODAY'S RADIO REPORT: L.A. to be 100% coal-free; TN conservatives slam mountaintop removal coal mining - by China; NV coal company faked air pollution reports; Green jobs are the fastest growing job sector in the nation; PLUS: Leave it to beavers - 'hero' beaver dam halts oil spill ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): State Dept. hid ties to Keystone XL pipeline company; Toyota Unveils New I-Road; NOAA: ‘Robust’ independent evidence confirms thermometer measurements; Climate Science Denier Leads House Science Subcommittee; Pope Francis calls for defending environment; Report: Security risks of climate change; Enviro groups criticize Obama's DOE nominee energy industry ties; Polar bear habitat shrinks even more... PLUS: How to cut U.S. gasoline use in half by 2030 ... and much, MUCH more! ...

NOTE FROM BRAD: On August 28, 2005, I was the first in the national media to interview U.S. Army Specialist Tomas Young at "Camp Casey" in Crawford, TX. He and his then wife Brie had come down from Kansas City on their honeymoon to support Cindy Sheehan, the "Gold Star Mom" who was famously demanding a meeting with George W. Bush. Tomas' unarmored vehicle had been ambushed in Sadr City, Iraq on the same day that Sheehan's son Casey was killed in the same city. The attack left Tomas paralyzed from the chest down.

Some years later, Tomas' story would be told on 60 Minutes, and then in a heart-wrenching 2007 documentary film, Body of War, by Phil Donahue and Ellen Spiro. (My interview on the ground at "Camp Casey" with Tomas and Brie is seen briefly in both. The full audio of my interview with them is posted in full at the bottom of this article, after Tomas' letter.)

The following open letter, which Tomas says is his "last", was originally published this week at TruthDig and republished in full here with their permission.

To: George W. Bush and Dick Cheney
From: Tomas Young

I write this letter on the 10th anniversary of the Iraq War on behalf of my fellow Iraq War veterans. I write this letter on behalf of the 4,488 soldiers and Marines who died in Iraq. I write this letter on behalf of the hundreds of thousands of veterans who have been wounded and on behalf of those whose wounds, physical and psychological, have destroyed their lives. I am one of those gravely wounded. I was paralyzed in an insurgent ambush in 2004 in Sadr City. My life is coming to an end. I am living under hospice care.

I write this letter on behalf of husbands and wives who have lost spouses, on behalf of children who have lost a parent, on behalf of the fathers and mothers who have lost sons and daughters and on behalf of those who care for the many thousands of my fellow veterans who have brain injuries. I write this letter on behalf of those veterans whose trauma and self-revulsion for what they have witnessed, endured and done in Iraq have led to suicide and on behalf of the active-duty soldiers and Marines who commit, on average, a suicide a day. I write this letter on behalf of the some 1 million Iraqi dead and on behalf of the countless Iraqi wounded. I write this letter on behalf of us all-the human detritus your war has left behind, those who will spend their lives in unending pain and grief.

I write this letter, my last letter, to you, Mr. Bush and Mr. Cheney. I write not because I think you grasp the terrible human and moral consequences of your lies, manipulation and thirst for wealth and power. I write this letter because, before my own death, I want to make it clear that I, and hundreds of thousands of my fellow veterans, along with millions of my fellow citizens, along with hundreds of millions more in Iraq and the Middle East, know fully who you are and what you have done. You may evade justice but in our eyes you are each guilty of egregious war crimes, of plunder and, finally, of murder, including the murder of thousands of young Americans-my fellow veterans-whose future you stole...

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IN TODAY'S RADIO REPORT: On the one hand, Obama moves the environmental ball forward --- on the other hand... not so much; Oil leak in CO; Fish populations rebound (thanks, Big Government!); BP trial update; Abu Dhabi opens world's largest solar plant; Power failure at stricken Fukushima nuke plant; PLUS: Wind turbine sickness caused by anti-wind propaganda ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): High-resolution charts show carbon impacts skyrocketing; Democratic senators intro legislation to end oil industry tax breaks; March's extreme weather swings; Emergency cleanup at abandoned gold mine; Canada scientists muzzled by Harper Administration; Debunking the Daily Mail -again; Days of promise fade for ethanol ... PLUS: "De-extinction": Why we shouldn't bring back extinct species from the dead ... and much, MUCH more! ...

Early last month, The BRAD BLOG offered an exclusive special report on how a single Registrar of Voters in Fresno County, CA effectively stopped a citizen-organized attempt to confirm the results of last November's Prop 37 initiative dead in its tracks. She was able to stop an attempted post-election hand count of the paper ballots in her county by charging the proponents of the count an outrageous and seemingly arbitrary high price to carry out the count.

Now, a very similar story is being reported in regard to an attempt to confirm the results of a mayoral race in another California county where the "losing" candidate is said to have lost by just 53 votes. In that case, rather than an outrageous $4,000 per day to count the paper ballots again, as was the case for Prop 37 in Fresno, the candidate has been charged $2,000 per hour for her attempt to verify that the results of her contest were accurately reported by the computer system.

The much-watched Prop 37 initiative last November, had it passed, would have required Genetically Modified foods to be labeled as such. The measure was opposed by corporations such as Monsanto, DuPont and Hershey with a $44 million propaganda blitz against the landmark initiative in progressive California.

The proposition's loss surprised supporters of the measure, some of whom joined in a post-election effort to hand-count the paper ballots from the contest in a number of counties to ensure the secretly-tallied computer results were accurate. After hand-counting ballots in Orange and Sierra Counties, where no unusual irregularities were discovered, the effort was stymied in Fresno County by outrageously high and seemingly illegal pricing set for the "recount" by the county's recently-appointed Registrar Brandi Orth.

As we detailed, while the County Clerk in Orange had charged the proponents a reasonable $600/day for hand-counting ballots, and the Registrar in Sierra had charged just $500/day, Fresno's Orth had attempted to charge some $4,000/day. And that was in addition to a "start up" fee of $14,000 that proponents and Election Integrity advocates were also told they'd need to cough up in cash before a single ballot could be hand-counted there.

The seemingly arbitrary pricing for confirming the results in Fresno ended up putting the kibosh on the attempted statewide count. As we described in the report, the case echoed a similar attempt by Election Integrity advocates to hand-count paper ballots in a contested Special Election for the U.S. House in San Diego County in 2006. There, the county Registrar had attempted to charge approximately $1.00 per ballot (with some 150,000 cast) to confirm the results. That was in contrast to the .14 per ballot charged by neighboring Orange County for a separate hand-count not long before.

The extraordinary $2,000/hour costs being charged in Stanislaus County, however, put all of that to shame. And it underscores, once again, how the lack of standards for "recount" pricing make laughable the notion that computer-tallied paper ballots are just fine because "they can always be counted later if there are any questions about results later on."

As we learn once again in California, where the "recount" laws are actually amongst the most liberal in the country, the ability for citizens to confirm the results of secretly-tallied computer-results after they are certified is no easy feat. It's often impossible. Making the matter more outrageous, a single county clerk can effectively block the entire process...

These remarks at the Conservative Political Action Conference (CPAC) on Friday, in which Rep. Steve Scalise (R-LA) ridiculed the President because he "wants to keep pushing this green energy", helps place the 3-term Representative into the running, perhaps even the lead, for the absolute dumbest sitting GOP Congressman --- though we realize that's a very crowded field...

See RightWingWatch for the actual video of Scalise's unbelievably stupid and misinformed remarks. To echo him, "you can't make this stuff up."

[Hat-tip D.R. Tucker]