Guest: Slate's Mark Joseph Stern; Also: Biden plummets, Harris and Warren spike in new polling after first 2020 Dem debate; Callers ring in...
By Brad Friedman on 7/1/2019, 6:22pm PT  

After our two-day Special Coverage of the first 2020 Democratic Presidential Debate last week (Night ONE here, Night TWO here), we begin on today's BradCast to get caught up with some of the important news that we were unable to adequately focus on last week. (Even it may take a few days to get fully caught up, if ever!) [Audio link to show is posted below.]

First up today, we're joined for one last time this SCOTUS term by MARK JOSEPH STERN, the great legal reporter at Slate who has helped us make sense of the Court's most recent term under its stolen Republican majority, including many of the oral arguments since last Fall in a bunch of important cases and all of the subsequent rulings handed down in the past several weeks. The last of those rulings were, perhaps, the most consequential, and both came smack dab in the middle of Nights ONE and TWO of the Dem debate last week.

Today, Stern details the Court's horrendous (if not unexpected) 5 to 4 partisan ruling finding partisan gerrymandering to be perfectly Constitutional, despite all of the lower federal courts which have found otherwise. That, even though the practice, taken to new computer-precision extremes by the Republican Party following the 2010 Census, has bastardized the notion of fair representation at both the state legislative and Congressional levels. (eg. See North Carolina, which largely votes 50/50 for U.S. House members over the past decade, but has been represented in the House by just 3 Democrats and 10 Republicans over all of those years!) Stern describes the majority ruling, penned by Chief Justice John Roberts, as a "crushing defeat for voting rights" and a "fiasco for democracy". He explains how the rightwing majority ruling debunks the Chief Justice's own claim that he is the Court's "most aggressive defender of the First Amendment" in that extreme partisan gerrymandering blatantly robs voters of their First Amendment rights by punishing Americans for their partisan leaning, stripping them of the ability to be fairly represented.

"Partisan gerrymandering is uniquely evil and difficult to fix," Stern argues, "because it attacks the foundations of democracy. It entrenches a certain political party's power almost indefinitely, and creates a map that will hold even if the state votes against that party." Now, says Stern, the legal battle to rollback rigged election maps moves to the state court level instead, since SCOTUS has now determined that federal courts have no say in the matter (even though they long ago found racial gerrymanders, if not partisan ones, to be a violation of the Constitution.) "That's why this is the 'nightmare' scenario," he tells me. "Because if the legislature can't fix it --- and why would it fix it, they love what they've done --- you really have to rely on the courts to step in and fix it. And now Chief Justice Roberts has said that the federal courts are not going to hear these claims, that they're shut out forever. That leaves few avenues for relief for voters in these states."

We also get Stern's thoughts --- and callers who ring in on the topic as well today --- on whether Democrats, in states which they control after the 2020 Census should similarly use extreme partisan gerrymandering tactics to balance the scales by keeping Republicans out of power in such states, given that the High Court has granted its blessing for such tactics.

And, speaking of the Census, the other major ruling dropped last Thursday by SCOTUS was on whether or not the Trump Administration may add a question on citizenship to the 2020 Census. In that case, Roberts joined with the Court's liberals to reject the government's claim that they were simply hoping to add the question at the request of the Dept. of Justice in order to better enforce the Voting Rights Act. That transparently false claim was rejected by Roberts who wrote that it "appears to have been contrived".

In fact, it was, as several lower courts have ruled, even before the evidence from the hard drive of a recently deceased GOP gerrymandering expert revealed the entire charade was specifically meant to decrease the response rate by Hispanic and other immigrant communities in order to shift federal funding and voting power to Republicans and non-Hispanic whites. So, that decision was the good news. The not-as-good-news is that Roberts also left the door open for the Administration to try again with a less pretextual reason for adding the question, if they can come up with one. Or, as Stern sums up Roberts' directive in four words today: "Lie better next time." Whether the Trump Administration can do so before the deadline to send the Census to the printer (which, the Admin previously argued in court was a hard deadline of July 1, but now says "well, maybe October would be fine?") remains to be seen.

Next we open up the phone lines to listeners on last week's Democratic debate in Miami. Who do listeners feel did better than expected? Who did worse? The first polling is out today from CNN following last week's debate, finding a pretty huge shift among the Dem and Dem-leaning electorate. The survey finds Senators Kamala Harris and Elizabeth Warren are up 9 and 8 points respectively, while Joe Biden has fallen 10 points since the last CNN poll. That places Harris, Warren and Sen. Bernie Sanders (whose support dropped a few points) all now within just over 5 points from the former Vice President and perceived "front runner" for the Democratic nomination. That pretty seismic shift all comes after just one single debate...with about 11 more to come in the months ahead...

Download MP3 or listen to complete show online below...

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