We not only cover a whole bunch of news stories on today's BradCast, we also explain what they mean and why they matter. As always, we want you to not only know what happened, but understand why it did and what can be done about it, so you can pass that important information on to others. [Audio link to full program follows this summary.]

Among the many stories both reported and explained on today's program...

• Film and TV actors of SAG-AFTRA join the Writers Guild of America (WGA) in going on strike against producers in hopes of proper payment and residuals for streaming services and AI usage, among other appropriate demands.

• We take another quick spin through my new favorite website --- FoxWeather.com --- where they report on all of the catastrophic effects of climate change now devastating much of the planet, but because Fox hates its duped readers and viewers so much, they never even once explain why all of these disasters are now happening. (Hint for Fox "News" dupes, if I'm lucky enough that you stopped by: It's the climate change, stupid, as caused by the burning of fossil fuels.)

• The Biden FDA approves the first ever over-the-counter birth control pill. Happily, this should be bring the abortion rate way down. So, rightwingers will be delighted with this news, right?

• Dumb GOP megadonors in Illinois lose their ill-considered fight to prevent the use of clean, electric leaf blowers on their 22-acre estate. But it's a win for their neighbors and for the rest of us. (And even for them, whether they too dumb to know it or not!)

• A state court orders New York to redraw U.S. House maps before the 2024 elections. That alone could end up flipping the House back to Democratic control next year, after the GOP flipped four NY seats from "blue" to "red" last year, after the state court blocked an attempted Democratic gerrymander. It's complicated.

• Great news for North Carolina residents! After Republicans on the corrupted U.S. Supreme Court recently blocked Affirmative Action for college admissions at the University of North Carolina (and everywhere else in the bargain), the school has announced it will be offering FREE tuition to many in-state students "as part of their continued effort to boost diversity".

• Late last month, the corrupt rightwing SCOTUS majority used their recently invented-from-whole-cloth "Major Questions Doctrine" to block the Biden Administration from using the specific text of the federal HEROES Act to forgive up to $20,000 in student loans to borrowers. The President has announced a new plan to use a different law to accomplish even broader forgiveness, though it will take a bit more time than his initial plan. In the meantime, beginning next month, a newly restructured repayment plan for loans will allow millions to pay just $0 a month (you read that right) without seeing any interest added. Their entire loan may then be considered as paid in full after 10 years. We break down the key details of the new plan and how Republicans are already attempting to undermine it, because they hate people who aren't millionaires or billionaires.

• Finally, it's our latest disturbing Green News Report with Desi Doyen here to drive you crazy as the summer of climate catastrophes continue. Among our coverage: another major insurer flees Florida; California works out a deal with manufacturers to phase out polluting big rigs; and the U.S. becomes the blackout capital of the world, thanks to the many failures of natural gas...

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IN TODAY'S RADIO REPORT: Another major insurer exits Florida, citing high costs of extreme weather; Heavy truck manufacturers reach deal with California to phase out polluting diesel big rigs; The U.S. is the blackout capital of the world, and natural gas is largely to blame; PLUS: Americans vastly underestimate the popularity of climate policies... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): ‘The Heat Will Kill You First’ is a chilling book — and a warning; Health warnings as "Cerberus" heat wave broils southern Europe; Vermont floods show limits of America’s efforts to adapt to climate change; As budget talks heat up, Republicans ramp up attacks on climate spending; Heat down below is making the ground shift under Chicago; New anti-ESG rule in Missouri offers US Republicans another path away from 'wokeness'; Town buys the surrounding forests to confront climate-driven wildfires... PLUS: It's toxic slime on Florida's Lake Okeechobee... and much, MUCH more! ...

It's been too long, but we're delighted to have one of our favorite guests back on today's BradCast! [Audio link to full show is posted below this summary.]

But first, in a rare, one day only special session of the State Legislature called by Iowa's Republican Gov. Kim Reynolds on Tuesday, GOP lawmakers in the Hawkeye State hastily adopted a ban on almost all abortions after six weeks of pregnancy, before most know they are even pregnant.

Reynolds had the temerity to declare that "the voices of Iowans and their democratically elected representatives cannot be ignored any longer." That, despite recent state polling finding that 61% of voters in Iowa support legal abortion in all or most cases, with just 35% saying it should be banned.

Well, the "elected representatives" have now been heard --- Reynolds plans to sign the measure on Friday, when it will immediately take effect --- but the voices of Iowans certainly haven't. The new law was passed with only Republican votes. It allows limited exceptions after 6 weeks in some cases of rape, incest and certain medical emergencies. A lawsuit by proponents of reproductive freedom was filed today. We explain the details and the news that former Vice President and current 2024 GOP candidate for President, Mike Pence, is both calling for a similar ban at the federal level and believes abortion should be banned even when a pregnancy is not viable and doctors have determined a baby cannot survive outside of the womb. (None of the other 2024 GOP candidates has been willing to say they disagree with Pence.)

That cruelty, unfortunately, is now par for the course in the Republican Party, and is reflected in similar legislative bans on reproductive freedoms now in at least 17 states just one year after the corrupted, far-right U.S. Supreme Court activist majority overturned Roe v. Wade's 50 years of Constitutional reproductive freedoms.

Rulings made by SCOTUS this year, sadly, are no less radical, even as several of them issued at term's end last month have been cited by some in the media to suggest that Chief Justice John Roberts has somewhat "moderated" the most extreme positions of the Court. That would be inaccurate, but exactly what Roberts had hoped for.

We're joined today by the great MARK JOSEPH STERN, legal journalist at Slate to discuss a number of those decisions, and what has now emerged as Roberts' neat trick to hoax the media into regarding him and some of the opinions issued by the Court this year as "moderate".

In short, as Stern details today, Roberts is essentially manipulating the Court's docket --- by determining which cases to hear and which ones not to --- in order to make SCOTUS' end-of-term opinions appear less extreme, overall, than they actually are.

"They have consistently taken up these cases that sort of seem designed to terrify liberals. Then, when the case comes down in a way that's not the end of the world, they get good headlines," he explains.

"The Court really shouldn't have been hearing a lot of these cases in the first place. So, by deciding them in a so-called 'liberal way', they create this image of balance and moderation that's not really deserved," he argues. "There's no better example of that than the Independent State Legislature case [Moore v. Harper]. There was absolutely no reason for the Supreme Court to intervene, and yet it reached down and grabbed that case. And, by deciding it in a somewhat moderate way --- although Roberts left the door open for mischief, as he so often does --- the Court got great headlines as being so moderate and thoughtful."

"That is a trick that the Chief Justice is very good at playing on the media. But it's not one I think we should fall for, given how obvious it is and how many decisions that he really cares about [that] end up coming out so far to the right over and over again."

"We pretend as though these cases emerged out of nowhere, when in reality, the Court is building a very careful story, using each individual case to try to show something about the Court that it thinks will appeal to the public." But that doesn't reveal the full story, Stern argues. "The 'liberal victories' simply leave the law as it was, without making any changes. Whereas the conservative victories radically overhaul the law in ways that were unimaginable just five or six years ago. That's also something that I think is very difficult to explain to people who don't watch the Court closely, but becomes blazingly obvious once you apply a little bit of scrutiny to how this Court operates."

And now, it's all making much more sense.

We saw that neat trick play out once again this year, as the stolen, packed and corrupted far-right majority, at terms end, ultimately reverted to form to overturn decades-old precedents regarding race-based Affirmative Action in college admissions (though not other Affirmative Actions, for example, legacy admissions and those for the kids of high ticket donors); the Court expanded newly discovered Constitutional "religious freedoms" to allow web page designers (and, actually, any other business) to discriminate against LGBTQ+ customers based on imaginary --- in fact, wholly fraudulent --- grievances; they picked up on last year's Judicial Activism by further restricting the EPA's ability to meet mandates of landmark laws passed by Congress, in this year's case, the Clean Water Act; and, they determined that while forgiving millions of dollar in loans to so-called small businesses and cutting taxes for billionaires was just fine, forgiving $10,000 to student loan borrowers during a national emergency --- in specific accordance with the original text of federal law --- was a bridge too far for a President of the United States...or, at least for the current President of the United States. (The Court showed no such "conservatism" when Donald Trump used the same exact law to "modify or waive" conditions for the same student loans.)

As bad as all of those decisions were, I had specific questions about one of them that sort of seems to give away the game for this far-right Court, with six Republican-appointed Justices now more than happy to legislate from the bench after years of their party pretending to be against that sort of thing.

As it turns out, the case I had questions about --- the one I saw as the most alarming and worst ruling of the term --- is one that Stern felt the same about. It's the one in which the Court relies on a made-up-out-of-whole-cloth, completely subjective test they now refer to as the "Major Questions Doctrine" whenever they don't have a legitimate reason to block an Executive Branch action, even when it's based on the specific text of a law they may not like.

"Justice Kagan has called this a 'get-out-of-text-free card,'" Stern tells me. "This is not a legitimate tool of statutory interpretation, because it means that the Court can set aside what the actual words of the law say, and just apply their own opinion, under this very thin guise of trying to uphold Congress' will." Last year they cited this pretend "doctrine" to say the EPA couldn't regulate carbon emissions under the Clean Air Act, despite the specific text of the law, because it was just too much of a "Major Question" that Congress had to speak to in more specific language somehow. This year, they used it to block President Biden from forgiving certain student loans amid the COVID pandemic, as specifically allowed by the HEROES Act.

"When you're dealing with the federal government, every policy is going to be major," Stern argues. "Every policy is going to affect as many as 300 million Americans. Every policy is going to have a fiscal impact of more than billions of dollars. So this is really just an excuse, in every single case, for the Court to ignore the law that Congress has passed, perversely while claiming to uphold Congress' wishes."

We discuss that and much more today, including which upcoming cases most concern him on the docket for the Court's next term. Should we freak out about them? Or are they also now just part of Robert's insidious manipulation to be sure to have a few cases on which the Court's rightwingers can appear to be far less radical than they actually are?...

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Today on The BradCast: It's taken longer than it should have to get here, but Accountability Season for Trump World is finally beginning to fire on all pistons, even as his stooges in Congress, pretending to bring "accountability" for..."Biden crime family" something or other...continue to step on rakes. That part is hilarious. [Audio link to show follows this summary.]

First up today, the GOP House "whistleblower" face-plants...

• Yesterday, we quickly detailed a supposed "IRS whistleblower" claim that Trump-appointed and Biden-retained U.S. Attorney David Weiss was somehow blocked by Biden's DoJ from bringing anything more than a couple of minor misdemeanor charges against Hunter Biden for under-paying two years of taxes. In a letter sent to Sen. Lindsey Graham, however, Weiss made clear that the GOP argument was completely false and that he was given full agency to investigate and prosecute anything he wanted.

• Then, just after airtime last night, there was news about yet another supposed GOP "whistleblower" blowing up. This one has long been touted by House Oversight Committee Chair James Comer...at least until the guy, Gal Luft, suddenly went missing a few months ago. Still, Comer, claimed the dude was ready to spill the goods on a massive bribery scandal regarding the Bidens and illicit payoffs from China. Comer appeared on Newsmax just three days ago with a host describing Luft as "well connected in intelligence circles in Washington" and "not just some weird guy who popped up out of nowhere." Comer agreed that Luft was "very credible" and that people on MSNBC who said he looked like a fool would be sorry. Well, the guy is still on the lam, but on Monday, we learned why. The DoJ unsealed an 8-count indictment against Luft, a dual U.S.-Israeli citizen, related to working as an unregistered foreign agent for China; brokering illicit Chinese weapons and Iranian oil deals; and unlawfully trafficking arms to places like Libya, UAE and Kenya. Other than that, he's "very credible" and will soon be cracking open the Biden Crime Family case with House Republicans who don't look like "fools" at all.

In news today of actual accountability for real crimes...

• Grand jurors are being convened in Atlanta today, where they will soon be voting on indictments in Fulton County, Georgia District Attorney Fani Willis' broad criminal probe of the attempt to steal the 2020 Peach State election by Donald Trump and his henchmen, including Rudy Giuliani, fake electors, and likely many others. Let the accountability begin!

• Accountability is already under way for a number of Trump's top 2020 legal henchmen. In recent days, a panel of the D.C. Bar found Rudy Giuliani should be disbarred in the District for bringing "frivolous" and "destructive" lawsuits after the 2020 election that falsely alleged fraud. The formerly respectable NYC Mayor turned disgraced Trump attorney has already had his license to practice law suspended in New York, but still has a few more chances to appeal his case in D.C., even after the panel determined that his misconduct was so disgraceful that it "sadly transcends all his past accomplishments."

• L. Lin Wood, a formerly respected Georgia attorney turned Trump wingnut was allowed by the State Bar of Georgia last week to transfer to "Retired Status effective immediately," rather than face disciplinary charges from the state Bar for his part in attempting to steal the 2020 election for Trump with bogus lawsuits. The retirement is "unqualified, irrevocable, and permanent," and bans him from practicing law in Georgia or any other jurisdiction. But it allows the seemingly mentally unstable, formerly high-profile 70-year old attorney to retire to his $16 million South Carolina plantation without consequence.

• John Eastman, the disgraced, far-right Trump attorney responsible for dreaming up the unlawful and unconstitutional scheme to have then Vice President Mike Pence block Joe Biden's Electoral College certification in Congress on January 6, 2021, is in an ongoing trial with the California Bar Association facing 11 disciplinary charges likely to result in the loss of his license to practice law in the Golden State.

• Late last week, disgraced, deadbeat Trump advisor and former Campaign Chair Steve Bannon was ordered by a New York Judge to pay his own former attorneys nearly $500,000 after stiffing them for legal fees related to representation in his unsuccessful trial for Contempt of Congress after refusing to answer subpoenas from the House Jan. 6 Committee (he was sentenced to 4-months in prison, but is currently free pending appeal) and many other crimes and grifts.

• MyPillow, the Minnesota-based company founded and run by 2020 election fraud conspiracist Mike Lindell, is reportedly auctioning off factory equipment and sub-leasing manufacturing space after, according to Lindell, losing $100 million in business following his continuing, evidence-free claims that the election was stolen from Trump. Now he's mad at "the box stores, the shopping networks, the shopping channels" because "all of them did cancel culture on us." We're all crying in our Bud Light beer for ya, Mike.

And finally...

• While Accountability Season is finally beginning, Climate Season is, sadly, fully underway all across the globe and, as Desi Doyen details in our latest Green News Report, here at home with record temps broiling the U.S. Southwest and hurricane-like downpours drenching the U.S. Northeast. (Rainfall in Vermont over the past 24 hours has now reportedly outpaced 2011's Hurricane Irene.)

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IN TODAY'S RADIO REPORT: Surge of global heat, fire and floods shatter records from North America to Antarctica; Extreme heat in Europe killed at least 61,000 people last year; Biden's Inflation Reduction Act already reducing U.S. emissions; PLUS: Torrential rains trigger catastrophic floods in U.S. Northeast and Europe... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Rough years ahead as new El Nino spikes global temps, disasters; Disasters daily? Welcome to our 'new normal'; Disaster towns: Victims of environmental catastrophes — and Americans’ short attention spans; Toxic slime hits Florida's Lake Okeechobee again; Study says drinking water from nearly half of US faucets contains potentially harmful chemicals; Another major insurance company limits new homeowners insurance in California; EPA: common cleaning product chemical poses cancer threat; U.S. carbon emissions fall for first time in Biden era...PLUS: Biden announces $650 million to plug orphaned oil and gas wells ... and much, MUCH more! ...

We're back live on today's BradCast after a much-needed holiday stand down last week, even as the world registered its hottest day on record...four different times on four consecutive days. Other than that, did we miss anything? [Audio link to full show follows this summary.]

The globe is broiling, but it's also flooding for the same reason. Our climate is in crisis. From the U.S. to Canada to Spain to India and China, just to name a few of the "hot spots" over just the past 24 to 48 hours or so. And, in case your other news sources forgot to tell you, it's all our fault. Or, at least the fault of the fossil fuel industry and the politicians and dupes they've bought off over the decades to hoax you into believing that our climate crisis itself is a hoax. It isn't. And, based on the mind-warping records being shattered across Planet Earth right now --- with little hope of cooling any time soon --- a case can be made that if we haven't hit a few disastrous, point-of-no-return tipping points by now, we are certainly on the verge.

Climate warming greenhouse gas emissions, mostly from the burning of fossil fuels, continue to increase along with smashed heat records. Is it too late to do anything about it?

Longtime climate and energy reporter ANDREW FREEDMAN of Axios joins us today to discuss the mind-blowing records now being shattered by the day, who should be held accountable for it (including those in the media), and if it is or isn't too late for humanity to take action to reverse course

When I ask Freedman if it's hard to wrap his head around all that now seems to be going on in the climate, even after so many years of warning folks that this would be, he tells me, "It is. While my expectations might have been for some of these records, everything everywhere all at once is how it feels right now. It feels that way as a reporter, it feels that way as just a person on Earth."

"The global records weren't something I was expecting to jump out this early in July. The peak is usually later in July," he explains. "It's pretty much a done deal that July will be the hottest July on record, and most likely the hottest month that we've seen since records began." The news he has for the rest of the year, and for next year, isn't much better.

He's got a lot more to say. He's been writing a lot about this of late for some reason.

Then, with an invitation for a "Reverse BradCast" --- where listeners call in to tell me what they think I need to know, and I get to tell them they are wrong about it --- most of our callers today wanted to talk about the climate instead for some reason. And that's probably a very good thing.

As Freedman notes today, citing climate scientist Katharine Hayhoe, "Her appeal to people is to say, 'The most powerful thing that you can do about climate change is to have a conversation with somebody about it.' We need to be talking about it more. All these things actually have an impact. It's not just 'Oh well, we're screwed.' It's hard not to think that way. It's hard for me and other climate reporters. But there are a ton of solutions. The question is are we going fast enough?"

So far, the answer, according to most scientists?: No. We absolutely aren't. That can still change. But only if we keep talking about it to everyone who will listen...and even those who don't want to...

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Despite newly revealed cybersecurity flaws in Georgia's statewide touchscreen voting systems; a weeks-long breach by right-wing operatives of the sensitive voting and tabulation software used across the state; and a growing clamor by both the public and state officials for decisive action to try to plug some of these vulnerabilities before next year's Presidential election, all evidence obtained by The BRAD BLOG to date suggests Georgia's Secretary of State has little interest in taking any action at all. At least not before next year's critical contests in the battleground state.

Even if Republican Secretary of State Brad Raffensperger did want to take action, we have learned, he has yet to even begin necessary steps toward state certification of Dominion Voting Systems' newly created software said to remedy some of the recently disclosed cybersecurity flaws. Moreover, well-informed critics argue any software upgrades to the state's touchscreen Ballot Marking Devices (BMDs) would still result in violations of fundamental legal requirements for the state's voting systems.

The path toward nailing down what Raffensperger's office is or isn't doing; what they may or may not do under state law; and what they are or aren't telling the public about all of it has been an odyssey over the past days, amid misleading discussion with a representative of the Secretary's office, contrary information from an official at one of the country's few certified independent voting system test labs, and a curious admission by a representative for Dominion, the state's election system vendor.

The only thing fully clear as of now: Despite calls from cybersecurity and elections experts to mend Georgia's insecure, unverifiable voting systems before next year's Presidential contest, the state insists they will not be upgrading the Dominion voting software until 2025. What has become clearer to us in recent days is that the Secretary of State cannot upgrade the systems legally, at this point, even if he wanted to --- which, evidently, he does not...

We wrap up our last BradCast before standing down next week with a bunch of disparate stuff, both good and bad, and even a song to help you whistle as you leave the theater before next week's holiday. [Audio link to full show follows below this summary.]

WE DID START THE FIRE: And we're also responsible for the smoke from hundreds of them in Canada, now threatening the health of more than 100 million Americans. We're also responsible for the record, weeks-long deadly, triple-digit heat wave in Texas now spreading north and east and touching off deadly severe storms along with it. Of course, those who watch Fox "News" and the read their deceptive Fox Weather website will never know who's to blame for it all and who is endangering their lives and those of their great grand-kids. But keeping their viewers and readers dumb and disinformed is the whole purpose of the Fox fake news project. Sadly, we all pay the price.

'CEASEFIRE AND NEGOTIATE!': Happily, it seems the 24-hour mutiny in Russia last weekend --- wherein longtime Vladimir Putin-ally, Yevgeny Prigozhin, gave the game away by declaring that their imperialist invasion of Ukraine was built on lies and was never about either "demilitarizing" or "de-Nazifying" Ukraine --- has helped the scales fall from a bunch of Americans' eyes. New polling from Reuters/Ipsos since the Prigozhin's short-lived insurrection finds a nearly 20-point bump since last month in American support for Joe Biden's policy of helping Ukraine defend themselves. That includes majorities in both major parties as well as independents. That's very good news. And, while I'm unlikely to reach many of the duped rightwingers who have fallen hook, line and sinker for Putin (and Trump) propaganda about the conflict, I am hoping that I might still be able to help some of those on the supposed anti-war Left who have fallen for the same propaganda. I'm talking largely about the "ceasefire and negotiate!" crowd. A few words for them today in hopes of helping a least a few of them understand how they have also been played by the same, authoritarian sources as the rightwingers.

'THIS IS NOT A NORMAL COURT': President Biden was right about that today, at least. We knew after all of the surprisingly good rulings of late from our otherwise corrupted, stolen and packed U.S. Supreme Court majority --- on issues of democracy and voting, in particular --- that it was almost certainly too good to last. As the high court's 2022 term comes to a close, they returned to their corrupted form on Thursday by overturning more than 40 years of precedent to bar Affirmative Action policies in college admissions for all private and public colleges and universities (while exempting military academies for some odd reason). Though it's not easy, we try to make sense of the Court's dizzying 237-page ruling [PDF], including multiple concurrences and dissents, as the far-right activists on the bench --- and those that put them there --- get to cross another long-term project off their list today.

SMOKE GETS IN YOUR EYES: And lungs, from the record shattering Canadian wildfires. At least if you live in any of a whole bunch of states in the mid-west or east this week. That, and more climate news, both good and bad, as Desi Doyen joins us for our latest Green News Report.

THEY DEFINITELY DIDN'T START THE FIRE: But they did, after 34 years, put all news words to it! And not a moment too soon, in my opinion! Yours may vary. Either way, we're happy to close out today's final show before taking off next week over the Independence Day holiday, with Fall Out Boy's brand-new version of a 1989 Billy Joel classic...

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IN TODAY'S RADIO REPORT: Canadian wildfires shatter records, send smoky air back to U.S. and over to Europe; Intensifying rainstorms pose hidden flood risks across the U.S.; Biden restores endangered species protections; PLUS: 3M settles another lawsuit over 'forever chemicals' contamination of municipal water systems... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Brutal heat and poisoned air. Well, what did you think climate change would look like?; Billions are being spent to turn the tide on the US West’s wildfires. It won’t be enough; Climate change made the TX heat wave more intense. Renewables softened the blow; EPA closes civil rights probe into Louisiana's 'Cancer Alley' pollution; Auto industry lobbying group assails Biden's plan to electrify America's cars; Most Americans underestimate the popularity of policies to protect the climate; The Death Cult of the American car; Solar sprawl is tearing up the Mojave Desert, but there is a better way... PLUS: Joshua trees win long term protection in environmental victory... and much, MUCH more! ...

Yup. We're heading back to the critical battleground state of Georgia again on today's BradCast, as their ridiculous Sec. of State gets ridiculouser in his indefensible defenses of his ridiculously vulnerable, brand-new touchscreen voting systems which he is still refusing to upgrade, despite warnings from the federal government and increasing urging from voting system and cybersecurity experts. [Audio link to full show follows this summary.]

BUT FIRST, a few more quick words on yesterday's landmark U.S. Supreme Court opinion [PDF] in Moore v. Harper, in which Chief Justice John Roberts and two Trump-appointed Justices joined with the Court's three liberals to put the kibosh, hopefully once and for all, on the bonkers, so-called Independent State Legislature theory pushed by far-rightwingers. Had SCOTUS given a majority blessing to the fringe Constitutional theory giving complete, unreviewable say over all federal election laws to State Legislatures, it would have wreaked indescribable havoc on some 250 years of election laws across all 50 states. It would also have given authority to those State Legislatures to overturn Presidential elections by selecting slates of electors not chosen by state voters!

As one of the nation's most conservative and respected former federal judges, Michael Luttig, tweeted today: "It would be impossible to overstate the [enormousness] of yesterday's seminal decision in Moore v. Harper. Not only is it now the single most important constitutional case for American Democracy since the Nation's Founding almost 250 years ago. ... It is also now one of the most important constitutional cases for representative government in America. ... Today, it takes its deserved place in the pantheon of great Supreme Court cases that give meaning to the Constitution's genius of a separation of powers --- among the national Legislature, Executive, and Judiciary, and also between the national government and the governments of the respective 50 states of the United States."

But there were three Justices who voted in the minority in that case. As it turns out, all three of them were recently highlighted by investigate journalists for their, shall we say, dubious ethics practices. Clarence Thomas (see here, here, here and here), Neil Gorsuch (see here), and Sam Alito (see here).

In addition to Alito's undisclosed, luxury fishing trip to Alaska on the private jet (and dime) of GOP megadonor and vulture capitalist billionaire Paul Singer, as revealed by ProPublica last week, this week The Intercept offers a new story shedding some fresh light on Alito's years of climate change-denialism and his Court decisions on behalf of the oil and gas industry.

NEXT UP, it's back to Georgia, where Republican Sec. of State Brad Raffensperger is reportedly giving testimony in Atlanta today to prosecutors working on Special Counsel Jack Smith's probe of the January 6, 2021 insurrection and the other myriad ways in which Team Trump attempted to steal the 2020 Presidential Election. (One of those ways included Donald Trump's now-infamous phone call to Raffensperger, attempting to strongarm him to "find" the 11,780 votes he would have needed to flip the state's results from the winner, Joe Biden.)

But where Raffy has been seen as a hero by some for refusing to roll over to Trump after the 2020 election, we have explained for years that he is anything but. Now, he's under fire for the massive vulnerabilities discovered by cybersecurity and voting system experts in his new, $150 million Dominion touchscreen voting systems, and for his refusal, as first reported by The BRAD BLOG in mid-May, to install Dominion's security patches to them before the 2024 Presidential election. That, despite urgent warnings from the U.S. Cybersecurity and Infrastructure Security Agency (CISA) and many longtime election experts and computer scientists.

Now, Raffensperger's office is going on the offensive, attacking those experts as "paranoiacs and conspiracists", attempting to conflate them with the rightwing, Sidney Powell-organized MAGA loons who tried to steal the election in 2020 and breached the state's voting systems in Coffee County, GA on January 7th, 2021, the day after the Trump-insighted insurrection in D.C.

"The paranoiacs and conspiracists of the world have their beliefs reinforced when they read reports of theoretical 'vulnerabilities' that fail to mention the real-world security measures already in place," sniped Mike Hassinger, a spokesperson for the Secretary of State's office, to Politico last week. "If the PhDs don’t like being put in the same category as the Pillow salesman, tough noogies," he actually said. "They should stop saying similar things."

We're joined today by one of those paranoiac conspiracist PhD's on today's program. Our guest is DR. PHILIP STARK, Professor at University of California, Berkeley; inventor of the post-election Risk-Limiting Audit protocol; Advisory Board member at the U.S. Elections Assistance Commission (EAC) and advisor to plaintiffs in the long-running Curling v. Raffensperger lawsuit in Georgia seeking to replace the state's new vulnerable and unverifiable touchscreen voting systems with verifiable hand-marked paper ballots. (The same plaintiffs in the same federal lawsuit were able to win an order from the judge in 2019 that banned the state's previous touchscreen systems made by Diebold after they were found to be so vulnerable and unverifiable as to be unconstitutional.)

Stark has a few choice words of his own in response to both the obnoxious and un-scientific remarks from the Sec. of State's office as well as Dominion, both of whom have been blasting the damning Halderman Report, as created on behalf of plaintiffs in Curling and finding at least nine alarming vulnerabilities confirmed by CISA in the Dominion systems. Both the State and private voting system vendor claim that the Univ. of MI's Dr. Alex Halderman failed to take into account, in his report, the physical protections of the state's 70,000 vote system devices. They believe that will adequately protect next year's Presidential election in the battleground state. In doing so, they seem to be pretending that the Coffee County breach by Team Trump in 2021 didn't already run roughshod over the state's voting systems, including by copying and distributing its sensitive, proprietary software over the Internet.

"If [Raffensperger's] spokesperson can't tell the difference between what we're saying and what the [MAGA] group is saying, then they are not competent to do their job," charges Stark.

"There is a world of difference between 'This system is Swiss cheese from a perspective of security, it's really vulnerable and you need to harden it,' and 'The election was rigged and the wrong person was announced to have won.' That's just not the same claim at all. Secondly, the idea that we should stop pointing out vulnerabilities and trying to improve the trustworthiness of voting systems because someone might twist our words --- the argument seems to be 'You should lie to people in order to increase their trust in you' --- that seems to be perverse. What we want is justified public trust in the outcome of elections."

He summarizes some of the most noteworthy concerns from the Halderman Report --- detailing the ease by which malware can be implanted into the system by a single voter via any one of the state's 35,000 touchscreen voting machines or by one person at the County level who can infect every machine in the jurisdiction --- before explaining how inadequate and naive the Secretary's responses have been.

Both Raff's office and Dominion cite a competing study to Halderman's commissioned by Dominion from a group named MITRE. Their unsigned report was created without access to the Dominion machines, unlike Halderman's report, and offers the misleading claim that physical security of the voting systems is likely adequate to prevent exploitation of the vulnerabilities meticulously documented by Halderman. Stark is among nearly 30 election experts now calling on MITRE to retract their report on that basis and others.

"First of all, they're just wrong," Stark charges, wondering what their instructions may have been from Dominion. "I conjecture that they were told to assume that those [physical] protections were in place. I doubt that they did any independent research to determine whether in fact there were effective protections in place."

"I liken this to saying it's completely fine to drive a car on bald tires, as long as you have a policy of only driving straight on dry pavement and never turning sharply, or applying the brakes. Except that's not how it actually works in practice. And here, it's very, very clear that the assumption that there is rigorous physical security around these devices is just not true."

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It's a good day on The BradCast. Let's enjoy it while it lasts. [Audio link to full program follows below this summary.]

After a full year of five-alarm warnings on this program about the the Moore v. Harper case at the U.S. Supreme Court, and the havoc its so-called Independent State Legislature theory would wreak on American elections and hundreds of years of American election law if approved by a Court majority, I'm very happy to say, the grave threat is over. For now.

By a 6 to 3 majority, with Chief Justice John Roberts and Justices Kavanaugh and Barrett joining all three liberals on the Court, the fringe ISL theory was soundly rejected (PDF). That theory, pushed by Rightwingers --- especially by Trumpers after the 2020 election --- holds that the U.S. Constitution's Elections Clause, allowing State Legislatures to determine "times, places and manner" of federal elections in their state, also give those Legislatures plenary power to make all laws pertaining to federal elections without the possibility of any sort of judicial review.

Had the Supreme Court majority gone the other way in this case, as many feared, State Legislatures would have had the only power to make such laws and rules. No Gubernatorial veto or state Supreme Court or state constitution --- or even state ballot initiative adopted by voters --- could have blocked them. They could have instituted partisan gerrymanders, even if their state's constitution barred them. They could have chosen which Presidential electors to send to the Electoral College, even if state voters had selected a different candidate. (It is under the ISL theory that Trump and his legal stooges like Rudy Giuliani and John Eastman tried to convince State Legislatures in Georgia, Arizona, Wisconsin, etc., that they had the power to choose Trump electors, even though voters in all of those states had voted for Biden.)

Voting rights advocates are breathing a huge sigh of relief today. Had the Court gone the other way, as many feared, more than 170 state constitutional provisions, over 650 state laws delegating authority to make election policies to state and local officials, and thousands of regulations down to the location of polling places could have been affected or simply overturned, according to Brennan Center for Justice.

Tuesday's news follows several other, surprisingly not insane rulings by the Court in recent weeks, where enough rightwingers peeled off to join the Court's Liberals to avoid worst case scenarios. As Slate's Mark Joseph Stern concludes in his article today on the Moore v. Harper decision, headlined "John Roberts Has Wrested Back Control of the Supreme Court": "So far this term, [Roberts] is once again in the driver’s seat—and the court is acting a lot more like a court than this time last year. It’s too early for grand conclusions. But it sure looks like a majority of the justices want us to know that they are backing away from the brink."

There are a few more major rulings to come --- on Affirmative Action in college admissions; on Biden's student loan forgiveness program; and on another dumb anti-LGBTQ "religious rights" case --- before this year's term wraps up at week's end. Decisions are likely to come on Thursday. But, even adverse rulings on those issues, as expected, are unlikely to have the democracy-rattling effect of what the case over the ISL theory would have wreaked, or had the Supremes gutted what is left of the Voting Rights Act (which was also feared but, also surprisingly, the Court did the right thing instead by following both precedent at the Constitution.) Perhaps a few members of SCOTUS' far-rightwing have learned a thing or two since their disastrous Dobbs decision overturning Roe v. Wade this time last year.

On the other hand, having not learned a think since this time last year is our twice-criminally indicted former President. On Monday night, CNN released the actual audio recording of a meeting cited in Special Counsel Jack Smith's 37-count felony indictment [PDF] against Trump on charges related to violations of the Espionage Act and obstruction of justice. It's a tape of the July 2021 meeting at his Bedminster, New Jersey resort, as described on pages 15 & 16 of the indictment, wherein Trump claims to be showing classified documents on military plans for an attack on Iran to a group of people writing a book.

Trump is heard in the audio telling his cackling audience that the documents he is showing them are "highly confidential," "done by the military [and] given to me," and that he no longer had the power to declassify them, now that he was out of office.

His recent explanation about the incident to Bret Baier of Fox "News", when asked about the description in the indictment prior to the release of the actual tape on Monday night, appears to be in pretty stark contradiction with what is heard on the audio tape. We play both recordings in full today so you can decide.

We're joined again today by former Republican attorney and U.S. Army Captain turned Daily Kos blogger KEITH BARBER to discuss the Trump tape; how it compares to its description in the Mar-a-Lago indictment; who might have leaked it and why; what the same behavior would have earned him as a member of the military; and what it is likely to mean for Trump's stolen documents case as it plays out in Florida under a wildly inexperienced and arguably corrupt Trump-appointed federal judge.

Finally, Desi Doyen joins us for our latest 'Green News Report' with rough news on the climate changed-fueled extreme weather pounding much of the nation this week (especially Texas), but with some far better news for EV charging standards and the solar industry as it overtakes fossil fuels...

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IN TODAY'S RADIO REPORT: Extreme heat and deadly storms spread across much of the U.S.; Train carrying hazardous chemicals derails into Montana's Yellowstone River; PLUS: More EV carmakers adopt Tesla's fast-charging standard... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Humans approaching limits of 'survivability' as sweltering heatwaves engulf parts of Asia; Vast fossil fuel and farming subsidies causing 'environmental havoc'; Vast fossil fuel and farming subsidies causing 'environmental havoc'; 'Its absolutely guaranteed': the best and worst case scenarios for sea level rise; Intensifying rains pose hidden flood risks across U.S.; Oil spill from Shell pipeline fouls farms and a river in a long-polluted part of Nigeria; Paris climate finance summit fails to deliver debt forgiveness plan; Samuel Alito's wife leased land to an oil and gas firm while the justice fought the EPA; Giant wind farm takes root off coast of Massachusetts... PLUS: Wolves that nearly died out have recovered, now helping island's ecosystem... and much, MUCH more! ...