On today’s BradCast: Our final round-up of the Gerrymandering Wars at year’s end, as we head into the critical 2026 election year following a big, disturbing, redistricting ruling by the corrupt Republican SCOTUS majority. Also today, similarly disturbing news regarding our petty President’s latest scheme to undermine life-saving climate science. [Audio link to full show follows this summary.]
FIRST UP… News broke last night that Donald Trump has ordered the dismantling of the world-renowned National Center for Atmospheric Research (NCAR) in Boulder, Colorado, due to what the fossil-fueled Administration ridiculously describes as “federal climate alarmism”.
NCAR was created by the National Science Foundation in 1960 as an independent executive agency funded by Congress, as global warming caused by the burning of fossil fuels was already becoming an increasing concern. Even one of the few climate scientists known for his climate change skepticism described NCAR today as a “crown jewel” for the study of atmospheric chemistry and physical meteorology.
The climate science community is, as Hill Heat journalist Brad Johnson reports, “in complete shock” about this “insane move” to undermine science and put millions of lives at risk.
But, believe it or not, while shuttering the 65-year old institution will certainly serve the White House’s fossil fuel industry masters well enough, the move actually seems to have as much to do with Trump’s twisted vendetta against Democratic Colorado Gov. Jared Polis on behalf of brain-poisoned former MAGA County Clerk Tina Peters. She is currently serving 9-years in prison related to breaking into and making unlawful copies of voting system hard drives in a failed attempt to prove fraud during the 2020 election.
Yes. It’s all as ridiculous and self-defeating as it sounds. But, that’s Trump. Scientists vow to fight the move, even as Trump will likely have to count on his corrupted SCOTUS to allow him to force his will on yet another federal agency created by Congressional mandate to be independent from the Executive Branch.
THEN… As you know by now, afraid of being seen as a loser yet again next year, our corrupt President began ordering Republican-controlled states earlier this year to take the virtually unprecedented step of redistricting U.S. House maps mid-decade in order to try and gerrymander seats held by Democrats out of existence.
The multi-state effort had largely been a wash for the GOP to date, as “blue” states pushed back to try and balance the scales in response. It might have even resulted in a loss for Republicans next year, thanks to a ruling by a three-judge federal panel — led by a Trump-appointed judge(!) — after a 9-day hearing of evidence and witnesses, finding that Texas‘ attempt to gerrymander five Democratic seats in largely majority-minority districts amounted to an unlawful, unconstitutional racial gerrymander.
But, after the briefest of reviews over the Thanksgiving holiday, the corrupt Republican SCOTUS majority issued a terse, unsigned “shadow docket” ruling that allowed the unlawfully gerrymandered Texas map to be used in next year’s critical midterms anyway. The 6 to 3 Republican majority said it was just too late and too confusing to use the House maps that used over the past two elections in the Lone Star state.
Citing the “Purcell Principle”, another one of the Roberts Court’s made-up use-if-and-when-necessary legal doctrines, the majority gave Texas the green light to use its new, unconstitutional, Republican-friendly map next year because the lower court “improperly inserted itself into an active primary campaign, causing much confusion and upsetting the delicate federal-state balance in elections.”
Try not to laugh. That “active primary campaign” the lower court “improperly inserted itself into” would be the midterm primaries scheduled for next March in Texas, to determine candidates for the ballot in November of 2026. While few realized it was an “active” campaign at this point, it could have been, as our guest today notes, moved back by the court, if necessary. Though it is hardly necessary, being months away and, until the new ruling, run on a map that voters have been using without a problem since 2022.
All of that, is ridiculous enough. But, as Justice Elana Kagan noted in her dissent on behalf of the Court’s three liberals, the majority ruling now offers a clear roadmap for how states may unlawfully gerrymander at will, in a way that will prevent any court from blocking them, as long as they time their legislation just right.
We’re joined today by JAY WILLIS, former attorney, now editor-in-chief at the great legal website Balls and Strikes. He explains that the Court’s “Purcell Principle”, originally invented in 2006 to avoid chaos at the polling place by a court ruling just days before an election, is now being abused to prevent anything that Republican Justices simply don’t like.
“The Purcell Principle has gotten stretched to the point of meaninglessness, where anytime the Justices decide that we are too close to an election in a way where changing the rules would hurt Republicans, they just say, ‘No, no! Purcell Principle! Can’t do that!,'” Willis tells me. “The Court described the Purcell Principle as forbidding changes on the ‘eve’ before an election. Now, that Principle is almost an entire calendar year in the hands of this court.”
“What this rule amounts to,” he argues, “is a free pass for Republican officials to conduct elections outside the scope of the law, as long as they basically get the timing right.”
“As Kagan points out in her dissent, you don’t have to have a law degree to understand that a racially gerrymandered map is illegal and unconstitutional unless the legislature that passes it waits until close to an election,” he says, adding, “That can’t be how the law works, a law that allows racial gerrymanders to remain in place in an election, as will be the case in Texas in 2026. That’s just not a law that functions. That is not a tenable status quo.”
Apparently, it is now. Much more on all of this, and how SCOTUS plans to make things even worse next year, on today’s BradCast…
(Gerrymandering – Geological Deceit?, 2, 3, 4, 5, 6, 7a, 7b, 8);
Is that noise?