w/ Brad & Desi
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  w/ Brad & Desi
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  w/ Brad & Desi
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BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
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VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
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'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
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GOP Voter Registration Fraud Scandal 2012...
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The Secret Koch Brothers Tapes...
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MORE BRAD BLOG 'SPECIAL COVERAGE' PAGES... |
A decision by President Ronald Reagan to veto [PDF] an Act of Congress that would have codified the FCC's Fairness Doctrine into law, rather than just FCC regulation, coupled with the failure of both the FCC and Congress to expand the Doctrine to apply not only to over-the-air broadcasting, but also to ubiquitous cable television networks like Fox "News", gave birth to today's mendacious right-wing media echo chamber.
The rationale offered by Reagan in his veto at the time, and by the Commissioners he appointed to the FCC when it repealed [PDF] the Fairness Doctrine in 1987, was that the Doctrine had a "chilling effect" on broadcasters' willingness to cover controversial topics. The U.S. Supreme Court, however, in Red Lion Broadcasting v. FCC (1969), brushed aside that same argument as speculative.
"It is the purpose of the First Amendment to preserve an uninhibited market-place of ideas in which truth will ultimately prevail," JFK-appointee Justice Byron White wrote on behalf of the unanimous Supreme Court in the Red Lion opinion. "Speech concerning public affairs," he added, "is more than self-expression; it is the essence of self-government."
That observation aligns with the words of James Madison, who introduced the First Amendment at the Constitutional Convention in 1787. "Knowledge will forever govern ignorance," Madison proffered; "and a People who mean to be their own Governors must arm themselves with the power that knowledge gives."
Because the "goal" of the First Amendment is to produce "an informed public capable of conducting its own affairs," the Court, in Red Lion, ruled that it's the First Amendment "right of the viewers and listeners, not the right of the broadcasters, that is paramount."
The Supreme Court has never recognized a First Amendment right of a broadcaster to lie to the public, let alone a broadcaster's right to erect a pervasive, yet entirely fictional alternative reality, like the one created when Fox "News" embraced and amplified the same "Big Lie" that led to the January 6 insurrection.
If the Doctrine had been retained and expanded to cable TV outlets, it might well have prevented the January 6 insurrection. An expanded Fairness Doctrine would also have the potential to fend off today's ominous threat to the very survival of democracy in these United States...
Democracy is not having an easy time of it of late, as both of our main stories on the always pro-democracy BradCast seem to underscore today. [Audio link to full show follows below this summary.]
FIRST UP, after months of wrangling, Ohio's gerrymandered Republican state House on Wednesday decided to put majority rule up for a vote this summer. Specifically, they voted to hold a special election for a state constitutional amendment asking voters if all future amendments placed on the ballot must reach 60% for passage. The GOP amendment in August will require only 50% to be adopted, as has been the case for all such measures in the Buckeye State since 1912.
The August special election will come just in time to preempt a the state's November general election, which is likely to feature a citizen-led ballot amendment to protect abortion in Ohio as a constitutional right. That, of course, is why Republicans are hoping to undermine that measure with their own small turnout election in late Summer. They hypocritically characterized the controversial initiative as a "constitutional protection act", meant to keep "out-of-state special interests" away from Ohio's foundational documents. But the measure's top backer was a PAC named "Save Our Constitution", funded with $1.1 million from one single out-of-state billionaire GOP megadonor.
Every single former state Governor opposed the measure, along with five former Republican and Democratic state Attorneys General and the Ohio Libertarian Party. But it was supported by the state's hypocritical Republican Gov. Mike DeWine and Sec. of State Frank LaRose, both of whom eagerly supported an election reform package adopted just four months ago in January, which did away with August Special Elections after finding them to be low-turnout and expensive. Then these "conservatives" supported this new special election anyway, at a price tag of $20 million to state taxpayers, in exchange for which they will get to vote on taking away their own democratic power.
Similar efforts to undermine abortion rights, however, since the overturning of Roe v. Wade by the corrupt U.S. Supreme Court last year, have failed miserably in both right- and left-leaning states. But those measures won with anywhere from 50 to 60% of the vote. Recent AP polling finds support for reproductive freedoms in Ohio to be at 59%. Thus, the GOP's attempt to undermine majority rule this Summer by requiring 60% for passage of future ballot measures...other than their own.
NEXT: CNN called it a "town hall". In truth, it was a 70-minute Donald Trump infomercial filled with a non-stop litany of his twisted lies from beginning to end. The number of lies he told is entirely too long to detail here, on everything from the 2020 election, to January 6, to his stolen classified documents, to this week's federal court verdict finding him liable for sexual abuse and defamation, to pretty much anything else that you or CNN moderator Kaitlin Collins or the Trump-supporting crowd in attendance at St. Anselm's College in Manchester, New Hampshire could come up with.
He also made clear that he would pardon the January 6th insurrectionists and seditionists, and that he supports the imperialist invasion of authoritarian Vladimir Putin's Russia over defending democracy and humanity in Ukraine.
But, while Wednesday night's shameful spectacle clearly embarrassed even the many CNN commentators serving as post-game analysts, did the live town hall ultimately help or hurt Trump overall?
We're joined today by our old friend HEATHER DIGBY PARTON of Salon and Hullabaloo to discuss exactly that and much more related to what is arguably one of the lowest moments in CNN history.
(I'd love your thoughts on that question as well, and may share them on air in the days ahead. Please leave any such thoughts below in comments or email me, if you prefer.)
"It was a clown show," says Parton who did not realize it would include an audience stacked with GOPers, as it was presented as a Republican town hall before next year's New Hampshire primary. "That gave him the ability to go on national TV and essentially hold a rally. A rally in which he had a foil there in Kaitlan Collins, who, I think she did about as good as you could do. I don't have a lot of complaints with her, she was thrown into a situation that was unwinnable."
She discusses why CNN is taking this attempted turn to the right, in order to curry favor with Trump voters at the behest of their new, rightwing owner who sees Fox "News" as fair and balanced. "CNN is in a ratings spiral, doing a lot of retooling. It seems obvious to me that CNN thought they could maybe cop some of those people if they put on the right show. That's what they did. It was horrifying."
While I discuss several points in which Trump did himself no favor with prosecutors preparing indictments against him, Parton cites some of the actually "dangerous" fallout likely to come from Wednesday night. "[Trump] said some things that were literally dangerous. For example, his stuff about Ukraine. I'm sure Vladimir Putin heard him clearly when he said, 'Within 24 hours [after taking office], I will do it'. We know exactly what he meant. Immediately upon becoming President, he would withdraw support and force Ukraine to surrender. That means the war that he was going on and on about, 'People are dying, they're dying'. They're going to be dying at least until November 2024 now, for sure, because he said that. There's no way that Russia will do anything until they know whether or not he's going to be President again. And that is disgusting."
FINALLY, we're joined by Desi Doyen for our latest Green News Report with news on Houston's latest toxic oil refinery fire; new, money-saving efficiency standards for dishwashers; troubling news from Greenland's ice sheet; and some hopeful news for PFAS "forever" chemicals out of tragedy in Minnesota...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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IN TODAY'S RADIO REPORT: Shell refinery fire in Houston finally out, but pollution concerns remain; Biden Admin proposes money-saving efficiency standards for dishwashers; Greenland ice sheet melting faster than thought; Oil and gas production's billions in public health impacts in U.S.; PLUS: Minnesota to enact nation's strongest restrictions on PFAS 'forever' chemicals... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): EPA proposes new rules that would dramatically slash planet-warming pollution from power plants; EPA tightens pollution standards for power plants, with a big loophole for coal and gas; Norway's EV transition well underway - with few hitches; Supreme Court upholds California animal-cruelty law that bans narrow cages for pigs; New pipeline agency rule aimed at cutting methane leaks; 'Mind-boggling' methane emissions from Turkmenistan revealed; New Florida law allows radioactive waste to be built into Florida roads... PLUS: Can we engineer our way out of drought? ... and much, MUCH more! ...
It's been quite the GOP crime wave this week on The BradCast. But today, in addition to that we've got some disturbing --- if not entirely unrelated --- kinda mind-blowing exclusive news out of a federal courtroom in the great state of Georgia. [Audio link to full show follows at the bottom of this summary.]
After quickly covering today's news on the 13-count federal indictment [PDF] filed in New York against Rep. George Santos (R-NY) for charges including wire fraud, money laundering, theft of public funds and making false statements to Congress, it's back to Georgia.
We have, for years now, been covering the long-running federal lawsuit challenging the use of the state's expensive, unverifiable, and --- according to one of the nation's top experts --- wildly vulnerable and insecure touchscreen voting systems.
The touchscreen Ballot Marking Device (BMD) systems made by Dominion Voting, currently in use in Georgia, were selected for use in 2020 by Republican Sec. of State Brad Raffensperger. He did so against the strong recommendations of cybersecurity and voting system experts following a ruling by a federal judge, in 2019, barring the further use of the state's previous touchscreen voting systems made by Diebold. U.S. District Court Judge Amy Totenberg found the previous systems to be unverifiable, insecure and, thus, unconstitutional. Unfortunately, instead of moving to a hand-marked paper ballot system at the time, as strongly recommended by experts, Raffensperger chose new touchscreen systems that had many of the same problems as the old ones.
The plaintiffs in the original federal case, Curling v. Raffensperger, quickly moved to bar the Dominion systems from being forced on every voter at every polling place in the state, as Raffensperger demanded. That suit continues. As part of it, Dr. Alex Halderman of the University of Michigan, an expert for the plaintiffs, was allowed to examine the Dominion touchscreen systems and found vulnerabilities so serious that Judge Totenberg sealed his complete findings, even from the plaintiffs! The U.S. Cybersecurity and Infrastructure Security Agency (CISA), however, was allowed to review Halderman's sealed report and made a list of critical software and physical security recommendations for the continued use of those systems in the battleground state.
Now, according to the transcript [PDF] from a hearing in Judge Totenberg's court last week in the Curling case, an attorney for the Sec. of State's office explained that while Dominion has completed CISA's recommended upgrades to the software and has had them certified for use by the U.S. Elections Assistance Commission (EAC) in late March, the state will not be installing those software upgrades until after the 2024 Presidential election.
As explained to the judge by the State's attorney Bryan Tyson, after spending hours "with the technical staff in the Secretary's office" and "hearing from folks with Dominion", it was determined that upgrades to the state's 35,000 touchscreen voting machines would be delayed until 2025.
"No jurisdiction has yet installed that upgrade...It has not been used in any election yet," Tyson told Judge Totenberg. "The upgrade process is a very intensive multistep process that involves multiple pieces of media, multiple components, and it involves touching every piece of the election system."
He explained that "every ballot-marking device has to have three different pieces of media installed on it to complete the upgrade. Every precinct scanner has to be upgraded. Every central count scanner has to be upgraded. And every election management server also has to either be replaced or upgraded. So, the implementation process for doing that is very involved."
According to our guest today, MARILYN MARKS of the Coalition for Good Governance, one of the plaintiffs in the Curling case, plaintiffs were stunned by the news. "You could hear gasps in the courtroom," she tells us today. "2025?! Immediately everyone thought, 'Presidential election, Georgia swing state.' We will have no way of knowing who won. And let's don't forget how much of a tinderbox Georgia was after the 2020 election. I believe it was a key part of the tinderbox that led to the insurrection. We're asking for it again."
There is, obviously, a lot to discuss on this matter with Marks today, including the most obvious point that, had Raffensperger listened to the experts and gone with hand-marked paper ballots, upgrading just one scanner per precinct for security reasons would have been a hell of a lot easier, faster, and cheaper, than upgrading every single voting machine --- 35,000 of them --- across the state.
"And we're not even beginning to talk about all of the warranty costs, maintenance costs, and printer costs and all that this system involves, when we're talking about just being a substitute for a ball-point pen," laments Marks. In addition to the time the State claims it will now take, she estimates the cost for upgrading the otherwise brand-new, $150 million system just purchased for first-time use in 2020 is likely to be in the tens of millions of dollars. "I don't think that $50 million and upwards is going to surprise anyone."
So, there is much more to discuss about all of this with Marks. Please tune in for the full conversation. But there was one more stunning bit of related breaking news from Marks today...
On today's BradCast: It's official. Our former President has now been found liable by a federal jury for sexual assault. And, it's not a matter of partisanship, but a matter of facts and evidence. The Republican Party has now clearly become a Party of Terrorism in these United States. [Audio link to full show follows this summary.]
Among the stories backing up those assertions on today's program...
If Republicans shoot the proverbial hostage this time around, the Biden Administration is reportedly considering invoking Section 4 of the 14th Amendment, the text of which states clearly, in pertinent part: "The validity of the public debt of the United States, authorized by law, including debts incurred ...shall not be questioned."
Under this theory, the Treasury Department would simply continue to borrow, as needed, in order to pay bills already incurred, even if Republicans refuse to lift the Debt Limit. Remember, the Executive Branch is required, by law, to pay bills that Congress already mandated be paid. If the Government runs out of money and can't pay its bills, it would be in violation of myriad laws. On the other hand, if Treasury borrows money to pay our bills without the Debt Ceiling limit being raised by Congress, it would also be violating the law, albeit only that one, dumb one and, arguably, the U.S. Constitution. Harvard Law professor Laurence Tribe explains all of this in a weekend op-ed at the New York Times in which he details his reasons for having changed his mind about the debt limit.
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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IN TODAY'S RADIO REPORT: Early, intense wildfire outbreak pushes Alberta, Canada's tar-sands oil country into state of emergency; Month-long heatwave in Southeast Asia breaks all-time national records; Study concludes Spain's record-shattering heat impossible without climate change; PLUS: Offshore wind farms are far less dangerous to birds than thought, study finds... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): Price to plug old oil wells in Gulf of Mexico is $30 billion; Greenland Ice Sheet melting faster than previously thought; Warming-stoked tides eating huge holes in Greenland glacier; Black Alabamians endured poor sewage for decades. Now they may finally see justice; Runoff from Shell chemical fire being directed to Houston Ship Channel; Can ethanol fuel ever live up to its hype?; Lake Powell and Lake Mead are expected to rise this summer; Texas’ water infrastructure is broken, jeopardizing quality and supply; Charles is not your climate king... PLUS: Oil boom transforms Guyana, prompting a scramble for spoils... and much, MUCH more! ...
It was another deadly weekend in the violent state of Texas, thanks, in no small part to the Republican Party of Mass Murder. But on today's BradCast our focus is mostly on accountability for the rightwing Seditious Conspirators who attempted to overthrow the U.S. Government on behalf of lies told by then-President, Donald Trump. [Audio link to full show follows this summary.]
Last Thursday, leaders of the far-right, racist, Trump-supporting Proud Boys gang were found guilty of seditious conspiracy and many other felonies for their part in attempting to carry out Trump's sore-loser insurrection at the U.S. Capitol on January 6, 2021. The verdict mirrored those from previous trials of both Proud Boys gangsters and far-right Oath Keepers militiamen.
On Friday, the Dept. of Justice "threw the book" at the seditious Oath Keepers in a 183-page [PDF] sentencing recommendation filed with the court for organization leader Stewart Rhodes and the others found guilty along with him earlier this year. DoJ recommended a 25-year sentence for Rhodes and slightly fewer years for eight others.
We're joined today by DR. ALLISON GILL, known to many as "A.G." and host of the Mueller, She Wrote podcast and Twitter handle, which covers the daily travails on the road to accountability for our disgraced former President.
Gill, who plowed through the full Sentencing Memo from DoJ over the weekend, breaks down its key elements, including similar sentencing recommendations to those brought for "treason"; additional penalties sought for an "upward departure" due to "terrorism"; and prosecutors asking the judge for consecutive sentences for each of the convictions, rather than concurrent sentences allowing the convicted to serve multiple years-long sentences at the same time.
"All three of things that I was looking for them to do, to 'throw the book' at these seditious conspirators, all of them were done," Gill told me. "So, I am not sure they could have gone any harder than they did."
Most importantly, we discuss why all of this news about the Proud Boys and Oath Keepers convictions is likely very bad news for Trump, who may soon find himself indicted by Special Counsel Jack Smith on charges that the DoJ has now road tested to excellent results in these other sedition and conspiracy trials.
Also, we get Gill's thoughts on the New York Time's curious (understated bombshell?) reference to records recently sought by Smith in his probe of the sensitive documents stolen by Trump from the White House upon leaving office. In the middle of a Times story last week on the "confidential cooperation of a person who has worked for [Trump] at Mar-a-Lago" and the report of large gaps in the security surveillance footage turned over to prosecutors, there was reference to the Trump Organization's dealing with the Saudi Arabia-backed LIV Golf venture, which is holding tournaments at Trump's golf resorts. For some unexplained reason, the Times reports, there have been "previously unreported subpoenas to the Trump Organization" regarding business with Saudi Arabia. Now what does that have to do with the stolen documents case? Curiously, the Times doesn't elaborate, but we discuss the possibilities.
Then, after some news on the apparent white supremacist who shot and killed 8 and critically injured three others at an outlet mall in Allen, Texas on Saturday and on the man who killed another 8 and injured about a dozen others with his SUV outside of an immigrant shelter in Brownsville, Texas on Sunday, we open the phone to callers mostly regarding the DoJ efforts to finally bring the criminal Trump to heal. Though some duped listeners, you may be bemused to learn, just can't understand why we need to prosecute Trump instead of....Joe Biden?!
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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There was far too much news to fit into one BradCast today. We tried to do it anyway. [Audio link to full show follows below this summary.]
Among our many stories...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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IN TODAY'S RADIO REPORT: Spain broils in unprecedented heat, while Italy's rivers dry up; European Union adopts 'the biggest climate protection law of all time'; El Nino return likely to shatter recent heat records; PLUS: New York officially becomes first state to ban natural gas in newly-constructed buildings... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): El Niño is coming. Here's what that means for weather in the U.S.; In Texas, Lawmakers Throw Tax Funded Lifeline to Fossil Fuels; Toxic water floods an Okla. town. Will FERC hold a dam liable?; New IEA report highlights the need and means for the oil and gas industry to drastically cut emissions; IKEA boosts gigascale output at an Arizona solar panel factory; Is deadly Illinois dust storm a climate indicator?; FL and LA must borrow millions to pay insurance claims... PLUS: Is it a lake, or a battery? A new kind of hydropower is spreading fast... and much, MUCH more! ...
On today's BradCast we catch up on where each of the major, still-unindicted criminal investigations of Donald Trump currently stand with the one person who may pay closer attention to the details of the cases than even the prosecutors working on them! [Audio link to full show follows this summary.]
Over the weekend, longtime national security journalist MARCY WHEELER of Emptywheel wrote three articles, summarizing the latest status in each of the three ongoing criminal probes of the already-criminally-indicted-in-New-York former President, and what the final issues are that prosecutors must nail down before indictments can be brought.
Those cases include Special Counsel Jack Smith's federal investigations of Trump's January 6 related conspiracies and the documents he stole from the White House, as well as Fulton County, Georgia District Attorney Fani Willis' broad probe into Trump's failed attempt to strong-arm state officials into stealing the 2020 election from Joe Biden.
Among the many points discussed with Wheeler, who joins us today from Paris...
That's just a sample, of course. Wheeler joins us for the full hour. Dig in...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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Time is running out on today's BradCast. [Audio link to full show follows this summary.]
Among the many clock-ticking stories covered today...
Yet, House Speaker Kevin McCarthy and his band of reckless Republicans in Congress continue to exploit our dumb debt limit law to try and extort huge cuts to food and health care to millions of Americans (including veterans) along with a rollback of critical climate crisis initiatives in exchange for not destroying the nation's economy.
President Biden is right not to negotiate with terrorists on this matter. The way the media covers this mess, however, will make a big difference in whether or not Biden's able to continue to do the right thing. In the meantime, we sure do hope he has a plan to handle the worst-case scenario that today's gerrymandered, death-wish GOPers may actually be dumb enough to cause for the first time in U.S. history.
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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IN TODAY'S RADIO REPORT: Drought in East Africa was caused by man-made climate change; U.S. Supreme Court to hear case challenging federal agency authority to regulate pollution; PLUS: SpaceX grounded in Texas after catastrophic rocket failure damages wildlife reserves... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): Global ocean temperatures spike to record levels as El Niño nears; EU adopts "biggest climate protection law of all time"; Farewell Transmission: Texas’ plan to fix its power grid is a disaster; Lack of snow condemns Italy's Po River to a desperately dry summer; GM announces Chevy Bolt is over, long live the Equinox; Flooding on Upper Mississippi River to halt barge traffic for weeks; New York to ban natural gas, including stoves, in new buildings; Deadly Illinois dust storm raises soil questions - is solar the answer?... PLUS: U.S. coal plants cost more money to maintain than to simply replace ... and much, MUCH more! ...
It's another red alert day on The BradCast today, regarding the precedent crushing plans of our stolen, corrupted and packed Rightwing U.S. Supreme Court majority. They've got two different plans, in fact, for two different ways to overturn decades, if not centuries of critical precedent on federal elections and the power of federal agencies. [Audio link to full show follows below this summary.]
FIRST UP, we begin in the state of North Carolina where, last year, a 4 to 3 Democratic majority on the state's Supreme Court found the GOP-majority state legislature had drawn up new legislative and Congressional district maps that constituted unlawful partisan gerrymanders under the state Constitution. The state court ordered fair maps to be drawn up, resulting in the election of a Congressional delegation in 2022 that had 7 Democrats and 7 Republicans in the very closely divided state.
State Republicans, however, challenged the high court's ruling by filing a case named Moore v. Harper with the U.S. Supreme Court, arguing that an obscure clause in the U.S. Constitution allows state legislatures and only state legislatures to create rules and laws for federal elections. Neither state courts nor constitutions can tell them otherwise, they are arguing.
It's a fringe concept known as the Independent State Legislature theory, which has never been blessed by a majority at SCOTUS. But Republicans are hoping the current, corrupted Republican Court will approve the theory, blocking Governors or Secretaries of State or state Supreme Courts or state constitutions or even voters from setting election laws. We have long warned of the dangers of this case for American elections as we know them. Under this theory, if SCOTUS grants its blessing as many fear [raises hand!], state legislatures could even choose Presidential electors no matter how the state's voters may vote. The U.S. Supreme Court heard Moore v. Harper last December, after we'd spent months setting off sirens to try and let you know about what could happen in that case in advance of next year's 2024 Presidential election.
Last November, however, NC voters elected two new Republicans for their state's high court, giving Republicans a 5 to 2 majority. And, last Friday, after rehearing the exact same gerrymandering case in which they had previously ordered new maps, the new Republican court majority reversed the same court's previous ruling, allowing partisan gerrymanders to return in advance of 2024. The likely result will be a House delegation with 10 Republicans and 4 Democrats. That, even though there had been no changes to the law, and no new facts were presented to the newly GOP-led state Supreme Court. (They also reversed a previous ruling that had restored voting rights to some 55,000 former felons, and a ruling that had blocked a photo ID voting restriction that violated the state's Constitution.)
What does this unprecedented reversal at the NC Supreme Court of a month's old ruling mean for the U.S. Supreme Court's pending ruling in Moore v. Harper? We're joined today to discuss exactly that by DAN VICUÑA, national redistricting manager at Common Cause, plaintiffs in a landmark U.S. Supreme Court case challenging an earlier gerrymandered map in North Carolina following the 2010 U.S. Census.
"I think just the blatant hypocrisy, the clear partisanship, is laid so bare it's hard to see how a decision like this stands" in North Carolina, at least over time, argues Vicuña. But, as to what may happen in Moore v. Harper at SCOTUS, and whether the case will be found moot or the Court will go ahead and issue an opinion anyway, Vicuña would rather get a ruling now than in the next term, when a ruling would come in the middle of the 2024 Presidential election.
"We didn't want this case to be heard in the first place, because the Independent State Legislature theory is, quite frankly, ridiculous," he tells me. "It defies logic, defies legal precedent, defies the intent of the framers of the Constitution. But it was heard. We made our case. We think we won very clearly on the law and the facts, and the history. So getting clarity on the facts well in advance of the 2024 election makes a lot of sense. So we're okay with that, and hope it goes our way."
NEXT UP, more disturbing news today out of SCOTUS. The Court announced on Monday they will take up a case next term that challenges the so-called "Chevron Deference", a landmark ruling from a 1984 case (Chevron v. National Resources Defense Council) which established that experts at federal agencies should be given deference when creating rules and regulations meant to enforce federal laws in which Congress may have been ambiguous regarding certain details.
For example, as Desi Doyen joins us to explain today, the Clean Air Act may grant the EPA a mandate to regulate pollution, but it may not specifically mention which pollutants must be regulated, or how many parts per million constitute unlawful pollution. That's left to experts at the EPA to determine through the rule-making procedures. But Republicans wish to dismantle the ability of federal agencies to make any such rules, granting that authority instead to courts (without expertise) and the industry lobbyists who influence them.
Our corrupted, packed and stolen rightwing SCOTUS now appears ready to "dismantle the administrative state" (as Steve Bannon has long been promising) in a ruling next term that could affect the ability of agencies to create federal regulations regarding everything from the climate crisis to health care to immigration and beyond.
Finally, we finish up with some listener email and phone calls to round out another disturbing hour of The BradCast. Enjoy!...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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