Guest blogged by Ernest A. Canning

The horror that played out during the recent midnight massacre inside a Century theater in Aurora, CO is but the latest example of the danger posed to our safety and our very lives by the radical right's expansive interpretation of the Second Amendment.

On June 28, 2008, that view --- that the Second Amendment protects an individual's right to possess a firearm unconnected to service in a state militia --- became the law of the land, courtesy of the U.S. Supreme Court's hard right quintet's decision in District of Columbia v. Heller ("Heller") --- a 5-4 decision that ignored precedent, history and basic rules of constitutional interpretation.

Heller not only elevated the profits of the domestic small arms industry above the ability of government to protect our safety, our general welfare, our domestic tranquility and our very lives, but provided a disturbing new context to the eerily prescient 1991 warning provided by Sen. Edward Kennedy (D-MA) when he likened the confirmation of Clarence Thomas as an Associate Justice of the Supreme Court to a game of "Russian Roulette"...

Well, this sounds familiar, and for good reason...

The summary above comes from ThinkProgress' Alex Brown who offer a hat-tip to Salon's Alex Seitz-Wald who opens his report this way:

The entire matter echoes back to our initial 2004 exclusive on then Republican software programmer turned whistleblower Clint Curtis who had filed a sworn affidavit charging Florida Republican Tom Feeney had asked his company, Yang Enterprises, Inc. (YEI), to create a vote-rigging software prototype in 2000.

At the time of his alleged meetings with Feeney, Curtis says the Congressman --- who had been Jeb Bush's Lt. Governor running mate in 1998 before becoming Speaker of the FL House and one of the most powerful elected officials in the state by 2000 --- discussed methods that he said the Republican Party had in place to "reduce the black vote" in the 2000 Presidential election.

According to the December 6, 2004 affidavit [PDF] filed by Curtis, just days before he would testify to a U.S. House Judiciary Committee panel...

Guest editorial by D.R. Tucker

If you want to see pure madness in action, ask a Republican friend about Democratic Senate candidate Elizabeth Warren, the creator of the Consumer Financial Protection Bureau, who will face US Senator Scott Brown (R-MA) in one of the most high-profile races of the year.

Chances are, your Fox "News"-watching friend will turn beet-red within a half-second, swearing and sputtering about her supposed socialism and attacking her as the mascot of the Occupy movement. There's just something about Warren that sends the right into 'roid rage. Is it something she said --- or just something she represents?...

Guest blogged by Ernest A. Canning

Last April, in an article which covered an ethics complaint filed by the Center for Media and Democracy against 43 Republican state legislators, The BRAD BLOG went to great lengths to explain how the "legislative task force" system employed by the American Legislative Exchange Council (ALEC) was not merely subverting but supplanting our representative form of democracy. It was an article that would later be reprinted by The American Trial Lawyer magazine.

But, leave it to a Pulitzer-prize winning cartoonist, like Mark Fiore, to provide a more succinct explanation of the same phenomenon in this relatively short but powerful animated toon...

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Ever wonder what one of my blog items sounds like inside my own brain when I write it? On today's BradCast on KPFK/Pacifica Radio (audio posted below), listeners got a bit of an idea, as the terrorist-enabling NRA, in the wake of their Aurora, CO Massacre, was squarely in my sights.

Sadly, they were too busy praying or lying or raising money off the tragedy or something, to show up and defend their deadly positions, so today's show was just me, and a bunch of great callers who, unlike the terrorist-enabling NRA, were not afraid to come on our public airwaves to offer their positions in the public square over our public airwaves.

For the record, here are the folks who declined to show up and support their deadly positions on the show today, or who simply didn't respond at all to our invitation to appear. Yes, we really believe in offering opportunities for all legitimate positions to be heard over our public airwaves...

• National Rifle Association (NRA): "We believe that now is the time for families to grieve and for the community to heal. There will be an appropriate time down the road to engage in political and policy discussions."

NRA Official State Associations

• Colorado State Shooting Association: "While we appreciate your efforts to present the perspective of gun rights organizations such as CSSA on your program, we are unable to accommodate your request."
• Arizona State Rifle & Pistol Assocation: "I am sorry but all we are doing is concentrating on our total support and prayers for those families. I know many are jumping on the bandwagon to ban this or do away with the Constitutions guarantees and such but they are always ready to strike out at folks like us in the gun culture. ... Please forgive me for forgoing the interview. When emotions are more level, I would possibly do an interview. ... Thanks so much for your understanding."
• California Rifle & Pistol Association, Inc.: no response
• Arkansas Rifle & Pistol Association: no response
• Florida Sport Shooting Association, Inc.: no response
• Texas State Rifle Association: no response

Politicians with A+ or A grade from the NRA

• Rep. Paul C. Broun (R-GA): declined
• Former AZ State Senator Russell Pearce (R): declined
• Rep. Doc Hastings (R-WA): no response
• Rep. Cathy McMorris Rodgers (R-WA): no response
• Rep. Vicky Hartzler (R-MI): no response
• Rep. Sam Graves (R-MO): no response
• Rep. Louis Gohmert (R-TX): no response

Here's today's show, which also includes a few minutes on the Commonwealth of Pennsylvania's stunning admission that there is no known case of in-person voter fraud --- the only kind of voter fraud that might be deterred by the GOP's new polling place Photo ID restriction there --- in the history of the state, and a quick visit from Desi Doyen with the latest Green News Report...

Download MP3 or listen online below [appx 58 mins]...

P.S. KPFK's BradCast is now available on your smart device via the Stitcher Radio app! Plug it in and listen every week automagically!

A BRAD BLOG investigation by Ernest A. Canning & Brad Friedman

Florida Governor Rick Scott's attempted purge of "potential non-citizen" voters --- a purge which Scott's Republican predecessor Gov. Charlie Crist described last week as a "shameless," "mean-spirited," "insidious" and "sweeping" effort to gain partisan advantage "under the guise of removing non-U.S. citizens" --- has been an abject failure.

Scott's claims of success in unearthing "non-citizens" said to be registered to vote in the Sunshine State, repeated by his hand-picked Sec. of State Ken Detzner and uncritically echoed by a compliant mainstream corporate media, have amounted to less --- far less --- than meets the eye.

Over the course of our months-long investigation, which included public records requests and interviews with state and county officials, The BRAD BLOG has discovered that the Scott/Detzner claim of having captured some 107 "non-citizens" on the Sunshine State voter rolls as a result of their purge is, at best, a reckless overstatement. Yet, that number (107), which Scott described as "alarming," has been uncritically accepted as fact by corporate mainstream media.

Even if it had been accurate, 107 would amount to an infinitesimal percentage of the original 182,000 who had initially been identified as "potential non-citizens" by Florida officials --- 107 as against Florida's 11.2 million legally registered voters, with an untold number of perfectly legal voters threatened with losing their right to vote as collateral damage of the state's attempted purge.

But the 107 number isn't even close to being accurate. To the contrary, Florida election officials have been unable to confirm that more than ten percent of those whom Scott and Detzner claim their purge captured were in fact non-citizens.

For example, in the two counties, Lee and Collier, where 92 of Scott and Detzner's claimed 107 have been removed, just nine (9) of them have actually been verified, to date, as "non-citizens" named by Scott and Detzner on their list of "potential non-citizens" sent to county election officials for purging earlier this year. The rest have either been removed from the rolls without independent verification of whether or not they are lawfully registered U.S. citizens, or they were removed after their names surfaced on a separate list that had nothing to do with the list compiled by Scott and Detzner. That separate list, as gathered by a local news outlet, similarly, may or may not accurately identify the named registered voters as "non-citizens".

Despite the extraordinary failure to date, Scott and Detzner have repeatedly proclaimed "victory" in their voter purge scheme. Making matters worse for the general populace trying to make sense of what is actually going on, numerous corporate-owned media outlets have compliantly echoed their extraordinarily misleading and deceptive spin...

Our best to Ed Schultz whose wife, he has just announced, is now battling ovarian cancer.

In the past hour, I was a guest on his radio show which is being guest hosted this week by Mike Papantonio of Ring Of Fire. Afterwards, the MSNBC prime time TV and radio host called in to the show to make the teary announcement and offer an update on his wife Wendy, who, he says, is just out of surgery, and will soon be recovering at home, after learning just last Wednesday about her illness.

Schultz said her fight to recover would take a while, so his radio and TV shows were, understandably, not at the front of his mind right now. The fiery and feisty progressive thanked his staff at both shows for covering for him during what he expects to be a prolonged absence from each program.

We've been on Ed's radio show many times over the years, and appeared as well on his TV program late last year. Our thoughts and prayers go out to him, Wendy and their family during this difficult time.

UPDATE: Here is Ed's call into his own show (appx 6 mins), just after the top of the 1p ET hour, announcing his wife's battle with cancer. Thanks to the crews at Ring Of Fire and the Ed Schultz Show for sending over the audio...

Last night we offered some very encouraging news about an apparent federal challenge, in the works by the U.S. Dept of Justice, against the state of Pennsylvania's disenfranchising, GOP-enacted, polling place Photo ID restriction law. Today's news is even more encouraging!

The Commonwealth of PA and the plaintiffs in the state challenge to the law have filed a remarkable one-page, 6-point stipulation [PDF] in advance of the trial in that case which is set to begin tomorrow.

The stipulation agrees, in plain language, that there has never been a known case of in-person voter fraud --- the only type of voter fraud that can even possibly be deterred by such restrictions --- in the history of the Keystone State, or even in other states, for that matter...

I don't think it can be stated any plainer. The GOP's polling place Photo ID restriction, which they have passed under the guise that it is needed to prevent "voter fraud", is, itself, a fraud.

Of course, we've been arguing this point for some time (going on 10 years, in fact). In state after state where these laws have been passed by Republican legislatures and signed by Republican governors on the basis that they are needed to curb "voter fraud", the proponents of the laws in every state have been unable to offer even a single historical case of voter fraud in their state which would have been prevented by these measures.

In other words, these laws are not meant to curb "voter fraud", they are meant to curb voting --- specifically, by people who don't have the type of state-issued Photo ID required under these new laws. In the case of PA, that amounts to some 750,000 legally eligible voters, by the state's own numbers --- more voters than Obama won the state by in 2008. The voters most effected by these laws, as study after study have shown for years, are far and away more Democratic-leaning than Republican.

That's the entire story on these purposely disenfranchising voter suppression laws. Period. Always has been, always will be. That, despite the unforgivably poor reporting by many in the corporate mainstream media suggesting there is some legitimate reason to enact these laws. There isn't. There never has been. And it is that poor reporting which has allowed the GOP to keep this issue alive, as if it is anything but a blatant attempt to suppress the Democratic-leaning vote...

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Good news for fans of democracy and voting rights, and for foes of discrimination! Bad news for Republican Gov. Tom Corbett, his GOP state legislature, and perhaps others like them in different states.

The U.S. Dept. of Justice may soon be filing a legal challenge to Pennsylvania's new GOP-enacted polling place Photo ID restriction. The law will affect the ability of some 750,000 legal voters to cast their once-legal vote in the Keystone State this November, unless it is overturned. If the feds choose to bring suit against the new law, it would be the first time the federal agency has used the anti-discrimination provisions of Section 2 of the Voting Rights Act (VRA) of 1965 to block such a law.

Last February, as a civil rights group had filed a federal challenge against the state of Wisconsin, charging that state's new GOP-enacted polling place Photo ID restriction violated the federal constitution, we explained how the moment presented a "golden opportunity" for the U.S. Dept. of Justice to join the case and challenge it, as well as similar laws in other states, under Section 2 of the VRA.

As Ernie Canning detailed at the time, the DoJ has, to date, only challenged recently-enacted polling place Photo ID restriction laws in jurisdictions which are covered by Section 5 of the VRA. That section of the landmark federal law requires that new election laws in some 16 states, or parts of states with long histories of racial discrimination at the polls, receive federal government preclearance for the new laws before they may be enforced. Section 5 places the burden on the jurisdictions themselves to demonstrate that the new laws will not have a discriminatory effect.

Since these particular laws have been shown, indeed, to be designed to discriminate against largely Democratic-leaning voters, the states where the laws have been denied preclearance by the DoJ --- states like Texas and South Carolina, for instance --- have been unable to demonstrate their laws did not have the effect of discriminating against legal minority voters. In both of those cases, using data supplied to the DoJ by the states, it was simple to show the discriminatory effect of the new laws. (For example, in South Carolina, African-American voters were found to be 20% more likely to lack the type of ID needed to vote under the new law than white voters. In Texas, the state's own data showed that legal Hispanic voters were as much as 120% more likely to lack the requisite ID to vote under the new law than non-Hispanic voters.)

But similar laws passed in states not covered by Section 5 --- states like Wisconsin, Tennessee, Kansas, and Pennsylvania --- have yet to face the same kind of legal scrutiny from the federal government --- until now...

The fact that they haven't yet been labeled a terrorist-associated group is due only to the fact that if they were, they would rain down hellfire --- and one of the mightiest propaganda and lying campaigns you've ever seen --- against those associated with having made that decision.

That, of course, is how any terrorist group worth its assault plies its trade: Scare the hell out of those who might oppose them. Let them know there will be serious consequences to those who even try, to those who even discuss it. So that anyone even thinking of it becomes crippled with fear to the point they won't do a thing to even appear to threaten the terrorists' agenda in any way.

In this case, of course, it's mostly just political terrorism. But in the real world, given the carnage they continue to enable year after year and tear after tear, it's difficult to say whether the NRA should best be described as terrorist enablers, or just plain terrorists, for the all of the indescribable violence they help perpetuate and, arguably, even help to fund.

Without the help of the NRA and those who fund them, James Holmes, the alleged gunman of Colorado's latest massacre, might not have been able to shoot nearly 70 Americans in a matter of minutes, killing 12 of them, in a sold-out movie theater just after midnight last Friday night. Neither would it have been so simple for Jared Loughner to shoot 19 Americans and kill 6 of them, including nearly murdering Rep. Gabrielle Giffords in Tucson, AZ just over a year ago, leading to her eventual resignation from Congress.

Thanks to years of terror-enabling by the National Rifle Association, both the AZ and CO sociopaths were able to maximize their rage through a maximum of carnage against their fellow citizens. And both incidents are just a drop of blood in the NRA's great American bucket.

Despite AZ and CO and the tens of thousands of deaths by firearm in this country each year, despite even coming within a hair's breadth of losing one of their own last year in the bargain, Democrats and Republicans in the U.S. Congress are unable and unwilling to lift a finger to do a damn thing about any of it. Neither is the President of the United States. They are all cowards, shriveling in abject fear of the almighty menace to sanity and common-sense and domestic tranquility that is today's NRA...

Guest blogged by Ernest A. Canning

This week, the Minnesota Supreme Court heard the League of Women Voters' argument against language set to be used in a ballot initiative this November which, if passed by the electorate, would amend the state's constitution to require that valid, Government-issued Photo ID be presented at the polling place before voters are allowed to vote.

The initiative was placed on the ballot by the GOP majority in the state legislature, but, as we detailed earlier this month, the League has filed suit charging that the language used in the ballot question is extremely deceptive and that it fails to accurately explain how the constitutional amendment would change the voting system in Minnesota, while putting the legal rights of voters at risk.

During oral arguments (video clip posted below) in League of Women Voters of Minnesota v. Ritchie [PDF], veteran MN Supreme Court Justice Paul H. Anderson suggested that the issue before the Court, of whether the ballot question was misleading, was more profound than even the League's attorney, William Pentelovitch, was characterizing it.

The hearing produced the following remarkable colloquy...

Context-specific ad? Or just horribly unfortunate placement?

[Hat-tip Reddit's crowd-sourced coverage of Aurora, CO massacre.]

Addendum... One quick thought for now, just to preempt the well-funded Rightwing push-back that is sure to come in the next few hours, so as help bury any talk, any whisper, of new regulations on the sale of guns in this country, let me mention this: As a supporter of the U.S. Constitution's 2nd Amendment, I think it's important that folks are reminded what that amendment actually is, since it's so often misquoted. Here it is in full [emphasis added]:

Hope that helps.

UPDATE 12:56pm PT: Rep. Louie Gohmert, the idiot Republican Congressman from Texas, explained earlier today how, if Colorado only "had concealed carry [permits] the guy would have been stopped before he killed so many people."

Thankfully, the host of the show from the rightwing Heritage Foundation that he was speaking to, explained that "Colorado does have concealed carry permits."

Moreoever, as David Weigel explains, no, even if one of the movie goers had been packing heat in the crowded movie theater, the massacre would still not likely have been prevented.

I hate doing it, so I haven't since January, but I must. As it's my birthday today, I'll use that as an excuse to ask for your support if you've found our work to be of value at The BRAD BLOG this year.

Particularly as this is an election year, I hope you'll appreciate the importance of what we do, among many other things, to try and help keep the remnants of our Constitutional democracy (or Republic, for you Ron Paul fans) alive. I hate having to remind you at all, but if I don't, we receive virtually no donations from readers, other than from those who have pledged regular monthly support.

By way of reminder, we rely only on you to help keep us doing all that we do here. We enjoy no corporate or foundational sponsorship. So it's your generosity that helps keep the trouble-making, muckraking and investigative lights on over here.

Please consider a one-time online donation, or sustaining monthly support of any amount you like (see the light blue box half way down the right side bar to create that support in about 30 seconds!) or a snail mail donation (Payable to: Brad Friedman, 7095 Hollywood Blvd., #594, Los Angeles, CA 90028).

Thank you in advance for what I hope you'll help to make a very happy birthday week! --- Brad