Guest blogged by Ernest A. Canning

Proponents of equality for all will have to wait a bit longer --- again --- before seeing marriage equality return to the Golden State.

A three judge panel of the U.S. 9th Circuit Court of Appeal has issued an order [PDF] granting a motion to stay the Aug. 4, 2010 decision by a U.S. District Judge which had found California's ban on same-sex marriage to be unconstitutional. Judge Vaughn Walker's ruling would have allowed marriage equality to resume as of Wednesday, but that is now on hold pending appeal by proponents of the constitutional amendment put into law by Proposition 8 in November of 2008.

The 9th Circuit panel, on its own motion, expedited both briefing and a hearing on the appeal, which will be scheduled for the week of December 6. The stay essentially means that California officials could not sanction new same-sex marriages until either a decision is rendered on the appeal or the panel lifts the stay.

Addendum In my haste to report on this breaking story, I neglected to include the following statement from the 9th Circuit decision...

Really, really dumb:

Hopefully, the citizens and county administrators in Waukesha County, Wisconsin (adjacent to Milwaukee) will realize how completely insane it is to allow one person, County Clerk Kathy Nickolaus (R), to have complete, unfettered, un-observable, un-overseeable control of such public information, and are willing to do something about it.

For the record, for just one tiny reason why election officials are not to simply be "trusted" (as the very best ones will tell you), here's the story of former Monterey County (CA) Clerk Tony Anchundo. And, if that's not enough, feel free to peruse the story of Clay County (KY) Clerk Freddy Thompson. Just let us know if you need more.

What part of 'public official' and 'public elections' to these sorts of folks not get???

[Hat-tip to Milwaukee's election integrity watchdog and periodic BRAD BLOG guest blogger John Washburn]

[Hat-tip BRAD BLOG toon sherpa, Pokey Anderson]

A number of noteworthy news items occurred yesterday while I was on the hot, hot, hot Midwestern road for the entirety of the day. These are several among those items...

Greene Indicted on Obscenity Charges

South Carolina's mystery Democratic nominee for the U.S. Senate (the one whose election "victory" is only explicable through malfeasance or malfunction of the 100% unverifiable ES&S iVotronic touch-screen voting systems) was indicted on obsenity charges yesterday. One of the charges was an "extremely rare" felony count. The state Democratic Party chairwoman, Carol Fowler --- the one who presided over the 5-hour Executive Board protest hearing by Greene's primary opponent Judge Vic Rawl who argued that voting machine failure was the only explanation for the unknown, jobless, money-less, campaign-less Greene having "won" --- has asked him, again, to voluntarily step down from the nomination. When asked if he'd be willing to accept the nomination if Greene steps down, Rawl has told The BRAD BLOG previously that he'd cross that bridge when/if he came to it.

Appelate Court Backs Congressional Defunding of ACORN

A 3-judge panel (two Rs, 1 D) on the 2nd District Court of Appeals has unanimously reversed [PDF] the ruling of a federal district court judge last March concerning the Congressional defunding of ACORN in light of deceptively-edited video tapes published by Rightwing propagandists Andrew Breitbart and James O'Keefe. The appellate court determined that Congress can target a specific group for punishment, despite what the district court judge had identified as an unconstitutional Bill of Attainder in light of the government having "offered no...unique reason to treat ACORN differently from other contractors accused of serious misconduct." U.S. District Court Judge Nina Gershon had previously granted injunctive relief to the four-decade old community organization after finding they were barred "from federal funding without either a judicial trial or an administrative process applicable to all government contractors." The 3-judge appellate panel disagreed. ACORN's legal representation has called the decision "deeply flawed," says they are planning to ask the full court for reconsideration, and added "We cannot let Congress act like judge, jury and executioner without any hearings at all."

O'Keefe Accidentally Admits to Being Immoral

And speaking of ACORN, the Rightwing dirty trickster and federal criminal James O'Keefe who hacked together secretly-taped videos in order to phony up the idea that the anit-poverty, pro-democracy community group was committing some sort of crimes, has, according to Think Progress, admitted during a recent speech that what he does is "the nadir of morality." ("Nadir" means "lowest point", versus "zenith" which means "highest".) No worries though. O'Keefe's employer, the discredited, pathological liar Andrew Breitbart, has plans to deceptively re-edit the video of O'Keefe in order to "fix" that little Freudian slip.

Stephanie Comes Out!

Finally, the most fun news of the day comes from progressive radio talker and friend of The BRAD BLOG, Stephanie Miller. During a moving program yesterday, Miller announced to listeners that she was gay, noting that it's been an "open secret" among close friends and family for years, but that a "perfect storm" of events (the recent federal court ruling that CA's Prop 8 ban on same-sex marriage was unconstitutional and the fight to repeal the federal "Don't Ask, Don't Tell" policy in the military, etc.) led her to the belief that it was the right moment to come out to her listeners and the public. The BRAD BLOG sends our props and kudos to Stephanie for her courageous decision. The audio of her "coming out" segment, follows below...

Guest Editorial by Ernest A. Canning

Sorry, Mr. Gibbs, but your description of a "professional left" whose critiques of your boss, President Barack Obama, should be disregarded as the "crazy" musings of "people who ought to be drug tested" reflects that you are both authoritarian and out-of-touch.

The vast majority of citizens who supported the President in 2008 favor positions on policies that are far more progressive than anything which has emerged from either the corporate-controlled Democratic "leadership" in Congress or the Obama White House. The majority of Americans are by no means obligated to ignore the "democracy deficit" or the betrayal of the President's promise to bring "change we can believe in."

While one can readily agree that many of the Obama administration's policies are an improvement over those which are advanced by the reactionary fascist billionaires, and their mindless "Tea Party" followers, there are many instances in which the policies of the current administration threaten more harm than those of its predecessor. E.g,, those documented by a recent ACLU report (see Democracy Now video below) in which the current administration has created policies that may "enshrine permanently within the law policies and practices that were widely considered extreme and unlawful during the Bush administration."

Perhaps most disturbing is that the President's zeal to please his true constituency --- corporate America, Wall Street and the military-industrial complex --- comes from the same Presidential candidate whose soaring and lofty, yet deceptive campaign rhetoric gave rise to hope in so many that Election Day 2008 would mark a return to economic fairness, transparency, a restoration of the rule of law, an end to the fear-driven perpetual "war on terror," and a restoration of nature's ecological balance.

The title of Studs Turkel's powerful book is Hope Dies Last.

Even during the darkest days of the Bush/Cheney cabal, there was the hope that the foundering American ship of state could be righted by way of the electoral process. By raising the hopes of the American people during the course of the 2008 campaign, only to dash those hopes by betraying his own rhetoric, President Obama has, in some measure, caused more harm than the Bush/Cheney regime...

Via Ezra Klein:

The conservative victories in favor of the Constitution and equal rights for all continue, as the Reagan/Bush I-appointed U.S. District Court Judge Vaughn Walker has just ruled that same-sex marriages in California may resume once again as of 5pm PDT, August 18th.

Opponents of equality have until then to appeal the decision at the 9th Circuit Court of Appeals.

Walker's ruling today follows his recent ruling which found that the state's Prop 8 constitutional amendment banning such marriages is in violation of the U.S. Constitution's equal protection and due process clauses.

• The court's 11-page ruling, lifting his temporary stay, is now here [PDF].
• CNN coverage
• MSNBC coverage
• Fox "News" coverage (emphasizing possibility of appeal)

TWITTER: @GreenNewsReport
VIA SMART PHONE: Stitcher Radio!

IN TODAY'S RADIO REPORT: Russia's fires reach Chernobyl's forests; Pakistan flooding now a humanitarian crisis; EPA issues new rules for mercury pollution; Bay Area gets electric car chargers; Grey wolves get a break ... PLUS: Greenland's new 'ice island' threatens shipping lanes ... 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): UK's Daily Mail reverses stance on global warming, decides it's real; NOAA: this May to July has been the hottest three month span on record on East Coast; Analysis: MI oil spills hit support for Canada mega-pipeline; MSHA investigates monitor tampering in mine blast; Jellyfish sting hundreds on Spanish beaches; Hollywood greens up with environmental database; Portugal gives itself a clean-energy makeover; Markey blames Senate for "Sophie's choice" slashing renewables aid
...PLUS: RIP Ted Stevens, architect of the Alaskan petrostate ...

[As noted, I'm on the road this month, so blogging has been catch as catch can for me while on the roll. Have had terrible net access from the road of late. So apologies for the lateness of this one --- and others I've been trying, but failing, to log over last day or three, but haven't been able to. But better posting this here late, rather than never. For the record.]

The host of Late Night with David Letterman, during his interview with MSNBC's Rachel Maddow last week, used uncharacteristically harsh language to describe the discredited Rightwing hitman, race-baiter and pathological liar Andrew Breitbart. Yes, he called him an asshole...

TWITTER: @GreenNewsReport
VIA SMART PHONE: Stitcher Radio!

IN TODAY'S RADIO REPORT: Thousands dead from heatwaves and fires in Russia; Thousands dead from flooding and mudslides in Pakistan and China; Massive 'ice island' breaks off of Greenland, as the heatwave continues in the U.S. (Global warming? What global warming?) ... 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): First signs of puberty seen in younger girls; Australia agriculture faces climate upheaval; Whole buildings could become solar panels; EPA issues new regulations for mercury pollution from coal plants; China to shut 2,000 factories to save energy; Oil spill shuts India's busiest port; Highway projects don't help the US economy ... PLUS: 100+ Quick Rebuttals to Common Climate Change Denier Arguments (collect them all!)...

Seriously, what part of "conservative values" and the "U.S. Constitution" do Fox "News" "conservatives" not get?

As we've been pointing out for years, and as we re-iterated yet again on Wednesday when CA's Proposition 8 banning same-sex marriage was found to be unconstitutional by a Reagan/Bush I-appointed federal judge, the ruling was "Great news for real conservatives who believe in the U.S. Constitution and its guarantee of equal protection under the law!"

Poor Fox "News" viewers, however, have been so obscenely and opportunistically disinformed for so many years about what "conservatism" actually means (basically, they've been told by the Fox/GOP opportunists that Republicanism is the same thing as conservatism, when it's usually anything but, and foolish folks on the non-Right have continued that fiction by describing them as "conservatives"), that they've had a next-to-impossible time wrapping their grotesquely disinformed brains around what last Wednesday's extremely conservative ruling actually means.

The scam that has been played on wingnuts --- inaccurately and opportunistically conflating Republicanism with Conservatism --- has rarely been more clear than it was on Fox News Sunday today, when anchor Chris Wallace's "conservative" disinformation train ran smack-dab into the brick wall of conservative facts and reality offered by Theodore Olson, George W. Bush's former Solicitor General (he of the infamous Bush v. Gore), who happens to be the plaintiff's victorious lead attorney in the Prop 8 case.

So, we'll ask again: What part of "conservative values" and the "U.S. Constitution" do Fox "News" "conservatives" not get? As we've got many such disinformed phony "conservatives" trolling us here at The BRAD BLOG, we'll look eagerly forward, as always, to their amusing, self-defeating, non-conservative, anti-Constitutional comments in reply to this video [courtesy of RAW STORY]...

New York's WBAI Evening News tracked me down while I was on the road in the sweltering wilds of SE Texas yesterday to discuss the story of the Rightwing cabal which had been revealed as having secretly and systematically worked to kill/bury/down-vote links to stories from The BRAD BLOG and other non-wingnut news sites before they could reach the front pages of major social aggregator networks like DIGG. See our coverage of this from Thursday.

One point I was able to make during the WBAI interview, which I didn't in the quick Thursday article, is that this episode illustrates, yet again, that even these Rightwingers recognize their own ideas are so weak they can't stand up to legitimate scrutiny on their own. The system must be gamed in hopes of giving them an edge in the public arena.

Moreover, if the Right is willing to sabotage social networking sites and willing to publish faked videos (see their ACORN "Pimp" Hoax videos, Shirley Sherrod video, etc.) in dishonest hopes of scoring political points, then why wouldn't they be similarly willing to steal elections whenever/however possible? That is, after all, the greatest prize and it's all for a greater purpose, right?

My interview on WBAI Evening News follows below. (My thanks to WBAI political reporter Rebecca Myles for sending me the audio while I was otherwise on the road and largely off the grid all day yesterday.)

MP3 Download or listen online below [appx. 8.5 mins]...

P.S. In a related note, Dave Johnson at "Seeing the Forest" reminds me that he pointed out last year how the same concerted Rightwing effort seems to go into gaming material at Wikipedia. I can also attest to that first-hand, as I've seen the "Brad Friedman" article over there defanged, tagged and even targeted for deletion by the same Right-leaning Wiki-administrator over and again throughout the years.

P.P.S. Billy Dennis, the "Peoria Pundit," picked up on our Thursday article, and offers some additional thoughts, along with this one at the end which I think is meant as a compliment :

Guest blogged by Ernest A. Canning

"There's no difference between one's killing and making decisions that will send others to kill. It's exactly the same thing, or even worse." - Former Israeli Prime Minister Golda Meir

In a March 25, 2009 article, "Prosecute or Perish," in which I urged that "the survival of our Constitutional Democracy may hinge on factually justified criminal prosecutions of the Bush/Cheney cabal," and again in "Fixing the Facts and Legal Opinions Around the Torture Policy," I took dead aim at the sophistry employed by President Barack Obama to evade his constitutionally mandated obligation to see that the laws are faithfully executed. The same Harvard Law School-educated President who said that, in torture, America had lost its "moral bearings," suggested we must only look forward --- an "illogical formulation [that] was incompatible with the very essence of the rule of law."

I was naive. I thought the President was merely evading his constitutional obligation out of political expediency; that he actually intended to restore the rule of law and salvage what was left of our nation's honor.

A growing body of evidence, including confirmation contained in the recently exposed Afghan "Pentagon Papers," suggests the President did not look back at his predecessor's war crimes because he saw, in the failure to prosecute, the ground work for his own round of "Unitary Executive" lawlessness --- an expanded, illegal and increasingly covert "war on terror" in which hundreds, perhaps thousands of paramilitary assassins, operating in secret and beyond the rule of law, carry out targeted killings of "suspected" terrorists on a global scale --- a program that has already produced massive collateral casualties amongst innocent civilians who are in the wrong place at the wrong time.

Worse, as revealed by a newly filed lawsuit, the Obama administration has moved beyond the Bush/Cheney cabal's assertion of unchecked Executive lawlessness in the form of extraordinary rendition, indefinite detention and torture. The Obama administration has now not only asserted a right to assassinate anyone that the Executive branch labels a terrorist, including U.S. citizens, but has gone so far as to place lawyers in legal jeopardy should they seek a court order to block an extrajudicial execution unless the executive branch grants the lawyer permission to do so...

As usual, when Rightwingers can't win outright, they cheat. Such is the case on the very popular social aggregator website DIGG, as documented today at Alternet.

We've suspected for quite some time that links to The BRAD BLOG's articles as posted on DIGG have been quickly "buried" by Rightwingers hoping to keep our stories from reaching the front page --- or even the "upcoming" page, where others might see the story rising in DIGG "votes," so that it might then be propelled to the front page, where millions more would then see the link to the article.

The AlterNet piece details a "massive" Rightwing cabal which has been doing exactly that, and we weren't particularly surprised when we found The BRAD BLOG named in the piece as one of several non-wingnut websites that have been targeted for "burial" by a Rightwing group of Internet hacks calling themselves "Digg Patriots"...

TWITTER: @GreenNewsReport
VIA SMART PHONE: Stitcher Radio!

IN TODAY'S RADIO REPORT: BP says the oil well is plugged. The Feds say most of the oil is gone. But is it?... PLUS: The UN’s secret plan to take over the world with bicycles! ... AND: Senate Democrats cave yet again… 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): Why 2 million (promised) green jobs couldn't sell a climate bill; When religious beliefs become dangerous; New state surveys affirm Americans' belief in global warming, gov't action; Fossil fuels keep getting all the (tax) breaks; Editor of The Atlantic "fabricates another quote to smear" climate scientist; CA's climate law will improve lives of low income Californians; Big agreement on home appliances means big savings for consumers ...PLUS: Bye Bye Miami: Scientist says it's too late to stop significant sea level rise ...