On today's BradCast we've got an excellent idea for Democrats, Republicans and everyone else who has any concerns about accurately reported election results in this year's critical midterm elections. [Audio link to full show follows below this summary.]

But, first up, a few thoughts on a Republican Party in dangerous decline and what at least some long-time GOPers are now doing to put country over party.

We start with the sad tale, frankly, of how the GOP is using and/or abusing Georgia's former football hero and clearly unstable U.S. Senate nominee Hershel Walker for grotesquely partisan political purposes, despite the costs to the man who had no business or qualifications being put up as a candidate for U.S. Senate in the first place. In a thoughtful Twitter thread this week, Illinois' Democratic Rep. Sean Casten worries that Walker is on "a trajectory that does not end well." He describes him as "just one in a long, tragic legacy of disposable black men" for the Republican Party. Even now, Casten notes, elected GOP officials who put him up for the job have no interest in his well-being if there is any hope he might defeat GA's incumbent Democratic Sen. Raphael Warnock and help the party win a majority in the upper chamber of Congress.

There are some Republicans, however, who are proving to be much better than that. We are happy to laud some of them today, including Rep. Liz Cheney and (gasp!) Bill Kristol. Both are among a growing group of longtime GOPers who are not just calling out their party for the threat they now pose to American democracy itself, but are putting their money where their mouth is by actively supporting and endorsing pro-democracy Democratic candidates for office in battlegrounds like Pennsylvania, Michigan and Arizona --- and even in ruby-red states like Idaho.

"I don't know that I have ever voted for a Democrat, but if I lived in Arizona now, I absolutely would...for Governor and for Secretary of State," Cheney said last week at a McCain Institute event at Arizona State University. She supports the Democratic bids for Governor by Katie Hobbs and for Sec. of State by Adrian Fontes. "We cannot be in a position where we elect people who will not fundamentally uphold the sanctity of elections," Cheney explained, referring to GOP Gubernatorial nominee Kari Lake and SoS hopeful Mark Finchem, both of whom falsely claim the 2020 election was stolen from Donald Trump. If elected, both would be in a position to block state certification of a legitimate Democratic Presidential victory in 2024.

Of course, despite the complete lack of evidence to suggest that the 2020 election was stolen by anybody in any state, the lack of transparency and public oversight of our brittle and vulnerable computerized voting and tabulation systems makes it easy for charlatans to dishonestly claim otherwise.

We have long advised that voters show up to their local polling place at closing time in order to take photos and videos of the cash register-style poll tapes that are printed out by voting machines and optical scanners. They are supposed to be printed and publicly posted there at the end of the night. Public documentation of those records can be very helpful when compared to results eventually reported for those precincts by towns, counties and states.

A new smart phone app called Actual Vote makes that process much easier for voters of all parties or no party at all, promises our guest today, DANIEL WOLF, CEO of AmericaCounts.us, a non-profit tech company that developed the free app.

Wolf has been observing elections since 1984, when he was sent to research election systems in Nicaragua. He explains today how he was struck after the controversial 2004 Presidential election in Ohio when poll tapes from dozens of Counties went missing well before the 22 months they are required to be preserved under federal law. Comparison of contemporaneously printed results at the precinct on those tapes with final results reported later can be helpful in ferreting out fraud (either foreign or domestic) or simple programming errors. As importantly, this sort of oversight, he argues, can also offer confidence to the public that results were tabulated and reported correctly as per voter intent.

"If people took a picture of the [poll] tape in the past, the question was, 'Who do I send it to?," he explains. But Actual Vote, in addition to assisting in the recording of poll tapes, allows the user to press a button to send those videos to a secure public server, where they are posted and where analysts can transcribe their numbers and compare them to final results in key jurisdictions.

"Anything that pops out, we then would go back to the election administrators and say, 'Look, we found a discrepancy. What about it?'," Wolf details. "Most of those discrepancies are going to be resolved. But those that aren't resolved can then be looked at more deeply. And if they cannot resolve that, then it gives the candidate or anybody else who is concerned about that particular race the ability to go into court and say 'I have documented evidence of discrepancies in the results reporting'."

Wolf notes that while "laws vary" from state to state and jurisdiction to jurisdiction regarding the use of cameras at polling places, "once public information is posted in the public" after polls close, "you have a First Amendment right to take a picture of it."

His hope is that while Actual Vote could help surface fraud or simple error, broad use of the app may ultimately add confidence in election results for Republicans and Democrats alike, among whom he hopes to "ignite a war of mutual assured accountability."

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A no-uncertain-terms brief [PDF] submitted to the U.S. Supreme Court by all 50 state Supreme Court Chief Justices eviscerated the so-called "Independent State Legislature" (ISL) theory being pushed by far-right legal activists.

Their rare decision to file an amicus curiae (friend of the court) SCOTUS brief reflects the unanimous recognition by all of the nation's State Chief Justices that the fringe ISL "legal" theory is so dangerous that, if it were to be embraced by a majority on our nation's highest federal court, it could hasten an end to our Constitutional democracy. And that is not hyperbole.

Earlier this year, the U.S. Supreme Court, now dominated by six unelected "radicals in robes", granted review in Moore v. Harper, a case brought to SCOTUS by North Carolina's Republican-controlled State Legislature after their partisan gerrymandered Congressional redistricting plan was struck down by their state's Supreme Court on the grounds that it violated NC's Constitution.

Ironically, Tar Heel State Republicans owe their own control of the General Assembly to partisan gerrymandering. When Democratic Governor Roy Cooper was reelected in 2020, he defeated his Republican opponent 51.5% to 47% statewide, yet GOPers were able to retain control of 56% of NC Senate seats and 57.5% of the House thanks to extremely partisan state district maps.

In Moore the NC Republican petitioners to SCOTUS rely upon the same ISL theory advanced by disgraced former Chapman Univ. Law Professor John Eastman as part of Team Trump's effort to steal the 2020 Presidential election.

Their argument is that, absent a federal law to the contrary, a State legislature has a plenary right to engage in what NYU's Brennan Center for Justice describes as "deeply undemocratic" partisan gerrymandering of Congressional Districts. They contend that, when it comes to laws regarding federal elections, state legislatures may not be constrained by a state's constitution as interpreted by its state courts.

In their brief, the 50 State Chief Justices argue that the ISL, as advanced by NC Republicans, does violence to the meaning of the word "Legislature" as envisioned by the framers and as it appears in the U.S. Constitution's Elections Clause (Article 1, Section 4), which provides that the "Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations."

Embrace of the ISL theory by a SCOTUS majority in Moore could similarly result in approval of Eastman's radical theory that state legislatures enjoy a Constitutional right to override the will of state voters to choose electors in the next Presidential election. It all underscores President Joe Biden's recent assessment that, come November, "democracy will be on the ballot"...

As noted on today's BradCast, we generally cover the track conditions of our elections more than the actual horse races. We do so again today. But, as it turns out, Dems have put up some pretty good horses this year. We cover a couple of them today as well. [Audio link to full show is posted below this summary.]

First, track conditions...

The corrupt, stolen and packed rightwing U.S. Supreme Court majority on Tuesday overturned an appeals court ruling which had found that both the landmark Civil Rights Act of 1964 and Pennsylvania law mandates that legitimately voted ballots may not be invalidated due to minor errors that are "immaterial" to determining voter qualification. In this case, the question was about absentee ballots where voters had forgotten to fill in the date on the ballot's outer envelope. The activists on SCOTUS, however, held today that such ballots may not be counted this November, despite the Civil Rights Act provision that previously ended the Jim Crow era's use of immaterial errors to invalidate perfectly legitimate votes.

Also, FBI officials say they have identified no credible threats to U.S. election systems this year, despite efforts by some foreign adversaries, including Russia, to sow doubt about fraud. But do these officials understand the actual threats now posed to our non-transparent, easily manipulated and error-prone computerized voting and tabulation systems? Do they appreciate the increased threat level thanks to recent breaches of election management systems by MAGA conspiracy theorists in several states following the former President's false claims of fraud?

While the Trump-appointed FBI Director Christopher Wray seems to falsely suggest there are similar domestic threats of violence from "both sides" following the 2020 election and the SCOTUS ruling on Roe v. Wade, the federal Elections Threat Task Force, launched last year by the Dept. of Justice, seems to finally be taking at least some action in response to the thousands of violent threats made by rightwingers against election officials and poll workers following the last Presidential election.

Next, horse races...

During a U.S. Senate debate in Ohio on Monday night, Democratic candidate Rep. Tim Ryan called out his Republican opponent, author J.D. Vance, for running a fake non-profit charity to support opioid addicts; defending January 6 insurrectionists; and for giving up his "dignity" to Trump who said about Vance at a recent rally in Youngstown: "All you do is kiss my ass to get my support," before Vance went on to pose for pictures with the disgraced former President. "Ohio needs an ass-kicker, not an ass-kisser," said Ryan in response.

In Wisconsin's U.S.. Senate race, Democratic Lt. Gov. Mandela Barnes was similarly ass-kicking in his debate against incumbent Republican Sen. Ron Johnson. Barnes called out the Badger State GOPer for supporting the January 6 insurrection while claiming to support police, despite the serious injuries to more than 140 law enforcement officials that day. Barnes also made clear he would vote to codify the rights of Roe v. Wade into federal law, and made a very impressive showing against Johnson.

Both races are currently neck and neck, and are among at least five Senate races this year (along with Pennsylvania, North Carolina and even Florida) where Dems have real shots at flipping currently GOP-held seats from "red" to "blue". That, by way of contrast with Republicans who are looking at just two states (Nevada and Georgia), where they stand any real chance, generally speaking, of flipping a Senate seat from "blue" to "red" this year --- at least if you have any confidence in this year's pre-election polling.

Finally...

Desi Doyen joins us for our latest Green News Report, underscoring, yet again, the stakes of this year's critical midterms following the devastation of Hurricane Ian in Florida; consequences of our worsening climate crisis around the world; and the Governor of California's new effort to hold Big Oil accountable for price gouging...

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IN TODAY'S RADIO REPORT: Floridians devastated by Hurricane Ian confront a housing shortage and toxic mold; Extreme heat and drought could render regions uninhabitable within decades, U.N. report warns; Australia to conserve 30% of its land to protect endangered species; PLUS: California weighs a windfall profits tax on oil industry price gouging... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Half of voters say climate change is important in the midterm elections, poll finds; The political impacts of rising gas prices; England's summer heat waves linked to record excess deaths among elderly; Heads Up. Red State Republicans Will be Wanting All You Damn Socialists to Cover Their #Climate Losses; How Biden's renewable energy magnetizes private capital investment; Nations agree to curb emissions from flying by 2050; Gray whale numbers along West Coast down nearly 40 percent since 2016... PLUS: Rounding out the story of three legendary boulders.... and much, MUCH more! ...

On today's BradCast: It has been nearly two weeks since Hurricane Ian slammed the great state of Florida, leaving behind a swath of destruction across much of the state. Midterm elections, meanwhile, are now just 4 weeks away, but FL's chief elections official --- its Governor, Ron DeSantis --- has yet to approve a plan for how to carry them out amid the rubble. [Audio file to full program follows this summary.]

Last week, Tommy Doyle, Supervisor of Elections in Lee County, home to Fort Myers, the hardest hit part of the state, released a proposal to extend early voting at 12 sites, turning them into Voting Centers where anyone in the County can vote from October 24 through Election Day on November 8. That, in place of the County's normal 97 community precincts, many of which were blown entirely away by Hurricane Ian.

But, according to our guest today, DeSantis has yet to respond to Doyle's proposal, despite the fact that much of the country is already voting in the critical midterms, while many Florida residents do not even have a mailbox left to send vote-by-mail ballots to. Furthermore, as our guest today --- a legendary former Election Supervisor in FL's Leon County (which includes the state capital of Tallahassee) --- notes, allowing the expansion of early voting and use of Voting Centers is now illegal in the state, despite a similar plan to hold elections carried out just after Hurricane Michael in 2018.

The great ION SANCHO, who retired in 2016 after nearly 30 years as Leon County's elections chief, joins us today to detail the very serious --- I would say, critical --- mess the state is currently in when it comes to carrying out the upcoming midterms. DeSantis, a Republican, happens to be running for re-election this year against the Democratic nominee, former Governor Charlie Crist. There is also a very tight race between incumbent GOP Senator Marco Rubio and his Democratic challenger Rep. Val Demings.

Sancho notes that Hurricane Michael, which made landfall in a rural area of the state's panhandle, ended up decreasing turnout there by about 8% in 2018. But Ian hit one of the state's most densely populated areas. "It's a terrible situation," Sancho tells us, describing how "most of the precinct sites have been destroyed." Supervisor Doyle, he explains, has plans to run Voting Centers in Lee County "all the way through Election Day with expanded hours, which is illegal in Florida. You may not have early voting, for example, or a Vote Center open on Monday, or on Election Day."

Many of these problems come thanks to the state GOP's newly discovered hatred for absentee voting and other restrictions on voting passed after 2020 to make it more difficult to do so. Many of the suggestions for how to carry out the elections after Ian are the same as those carried out after an order signed by Gov. Rick Scott following Michael. But now, says Sancho, "we are all on pins and needles. Governor Scott issued his executive order giving the Supervisor of Elections expanded authority to deal with his voters eight days after the hurricane hit. We are now on Day 12 and Governor DeSantis has not told any Supervisor anything."

There are also political considerations likely in play for DeSantis. "He's in a pickle. He needs to provide expanded voting access, and that is made more critical by the fact that the areas that were hit were 2-to-1 Republican over Democrat," Sancho says. "The best that we can hope for is he gives the Supervisor of Elections the same kind of flexibility as Governor Scott gave the Supervisors in the Panhandle to deal with Michael. But [DeSantis] may be loathe to do that because it means he has to recant some of the things that he did this past legislative session."

It's not only Lee County where election plans have been rocked, Sancho explains. "I would count at least 9 counties. It caused a swath of destruction across the state. This is a huge number of voters." Nonetheless, early voting is supposedto begin in the Sunshine State in just two weeks. Whether that can happen remains anyone's guess at this hour. Tune in today for much more on this.

Also on today's show...

• We got our latest COVID boosters on Friday (and Flu shots along with them, just to up the ante.) How did they go? Tune in to find out. Suffice to say, my experience was, once again, very different from Desi's. But, if you haven't gotten a COVID shot lately, now is not a moment too soon to protect yourself and everyone else from the likely autumn/winter surge.

• An explosion on the only bridge between Russian-annexed Crimea and the Russian mainland collapsed a portion of it over the weekend, and Russia's main military supply line to its war of aggression against sovereign Ukraine in the south along with it. In response today, Russia's Vladimir Putin doubled down on his many war crimes to date by launching another massive missile strike against nearly a dozen densely populated civilian areas, include Kyiv, Ukraine's capital.

• Finally, from the war between autocracy and democracy oversees, to the same (if, so far, less bloody) conflict here at home. If they are Republican and on the 2022 ballot, chances are they are a denier of Joe Biden's 2020 Presidential election victory and/or will vote against certification of the next Presidential election if a Democrat is established once again to be the legitimate winner. Many GOP candidates across the country have been shifting their public positions on Trump's evidence-free claims of a stolen 2020 election following the primaries, in hopes of trying to fool more mainstream general election voters. But, don't be fooled. Some, like Mark Finchem, Arizona's GOP nominee for Secretary of State nominee, even claims to be an opponent now of vote-by-mail. ("I don't care for mail-in voting. That's why I go to the polls," he lied at a recent debate, before a public records search revealed last week that he has voted by mail in every election since 2004, and only voted in person this year for the first time since then.)

  A Washington Post analysis last week found "A majority of Republican nominees on the ballot this November for the House, Senate and key statewide offices" are, in fact, election deniers and "running in every region of the country and in nearly every state. Republican voters in three states nominated election deniers in all federal and statewide races The Post examined." That includes critical roles --- such as Governors and Secretaries of State --- responsible for certifying the 2024 Presidential election. We share some of the evidence of those lying, dishonest candidates and their deceptively shifting position presented a threat to American democracy, on today's program...

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It's NICOLE SANDLER, filling in again for Brad and Desi on the BradCast. [Audio link to full show is posted below this summary.]

Today's interview should be of great interest to all of the creators out there. Artists (both fine and musical), authors, and creators of goods that are sold to consumers all fight an uphill battle against a handful of giant corporations who call the shots, set the prices, and take advantage.

In their new book, Chokepoint Capitalism: How Big Tech and Big Content Captured Creative Labor Markets and How We'll Win Them Back, authors CORY DOCTOROW and REBECCA GIBLIN show how powerful corporations construct "anti-competitive flywheels" designed to lock in users and suppliers, make their markets hostile to new entrants, and then force workers and suppliers to accept unfairly low prices.

In the second half of the book, they explain how to navigate around the chokepoints, using tools ranging from transparency rights to collective action and ownership, radical interoperability, contract terminations, job guarantees, and minimum wages for creative work.

Focused on solutions, they're calling on workers from all sectors to unite to help smash these chokepoints and take back the power and profit that's being heisted away --- before it's too late.

There's also is a bit of news to report at the top of the show. The two big items both coming from President Joe Biden. On Thursday, he surprised everyone by announcing an Executive Action to pardon everyone convicted on federal simple marijuana possession charges, and called for the reclassification of marijuana as NOT a Schedule I narcotic. Pretty huge.

Then, at a fundraiser in NY on Thursday night, Biden, referencing Russia's assault on Ukraine, warned that "for the first time since the Cuban missile crisis, we have a direct threat of the use of a nuclear weapon if in fact things continue down the path they are going … we have not faced the prospect of Armageddon since Kennedy and the Cuban missile crisis …. I don't think there's any such thing as the ability to easily use a tactical nuclear weapon and not end up with Armageddon."

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Today on The BradCast: Elections are not only about the future, they're also about accountability for failed leadership. There is a lot of that in Florida today, even if it's difficult to notice above the death, destruction and devastation following Hurricane Ian. [Audio link to full show follows this summary.]

Current estimates for the cost of damage in Florida following Hurricane Ian range anywhere from $40 to $60 billion. And, yet, the state's two Republican U.S. Senators both voted against a bipartisan infrastructure bill last year which included some $50 billion to help states harden and upgrade infrastructure to better withstand events exactly like Ian.

Marco Rubio called the measure "wasteful". Rick Scott described it as "reckless spending". Each has received nearly a quarter of a million dollars from the oil and gas industry since 2017. Moreover, both Rubio and then Representative, now Governor, Ron DeSantis voted against disaster funding in 2013 following Hurricane Sandy, even though both are now seeking similar federal funding for Florida.

Hurricane Ian was made far worse than it otherwise might have been thanks to climate change caused by the burning of oil and gas that the state's GOP leaders have long promoted despite decades of warnings from scientists. Just weeks ago, DeSantis issued an order blocking his state's pension fund --- which invests billions held on behalf of teachers, firefighters and other state workers --- from even considering the climate risks posed to companies when investing in them. He described such considerations as "political".

Of course, the state's U.S. House contingent is also filled with GOP climate deniers who have long lied to their constituents about the dangers of our worsening climate crisis in of the state's most affected by it. Every single Florida Republican in both the House and Senate voted against the Democrats' recently adopted bill that invests $369 billion over the next ten years to wean the nation off fossil fuels and the greenhouse gas emissions that made the state's recent disaster so much worse --- and makes high-tide flooding in South Florida now a regular occurrence, even on sunny days.

Will any of Florida's corrupt GOP leaders ever be held accountable by voters for their deadly, failed leadership on these issues? That is, if voters are even able to vote this year amid the rubble left behind by Ian?

Rubio is facing a reelection challenge in November by Democratic Rep. Val Demings. The state's former Governor, Charlie Crist (then a Republican, now a Democrat) is challenging DeSantis. While the Dems trail in both contests according to pre-election polling, both are within reach --- at least if voters are informed enough to know who is on their side, and who has been playing them as suckers for years, as we discuss in detail today.

Also today...

• The bipartisan U.S. House Select Committee investigating Donald Trump's January 6 insurrection at the U.S. Capitol and his multiple failed attempts to steal the 2020 Presidential election has now rescheduled their next (maybe last?) public hearing for Thursday, October 13, following a previous cancellation two weeks ago due to Hurricane Ian.

• More evidence of why you should ignore the polls and predictions in these UNconventional times before this year's critical midterm elections: voter registration for women --- especially younger Democratic women --- has spiked even in the ruby "red" state of Idaho following the U.S. Supreme Court's overturning of 'Roe v. Wade', according to new data.

• President Biden announced, on Thursday, the pardons for thousands of Americans convicted for "simple possession" of marijuana under federal law over the years. He called on Governors to do the same for those charged under state laws and has asked both his Health and Human Services Secretary and the U.S. Attorney General to finally consider rescheduling cannabis from its current Schedule I status, which classifies pot --- which is now sold legally in dozens of states --- on the same level as LSD and heroin, and even more dangerous than fentanyl and methamphetamine.

• Finally, Desi Doyen joins us for our latest Green News Report with news on Biden's visit to Florida after Ian; Saudi Arabia and Russia's plan to raise oil prices; the climate stakes of Brazil's upcoming Presidential runoff election; and great news from the great state of New York regarding electric vehicles...

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IN TODAY'S RADIO REPORT: OPEC and Russia raising oil prices again; Brazil's presidential election could determine the fate of the Amazon rainforest; PLUS: Biden pledges America will help Florida rebuild after Hurricane Ian... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Protecting our elders from Hurricane Ian and beyond; 6 unexpected climate lessons from Hurricane Ian; Putin seizes Ukraine's largest nuclear power plant; SCOTUS floats new Clean Water Act test. Lawyers 'cringe; Utility climate pledges amount to 'greenwashing,' report says; Climate change sets back global power sector's decarbonisation efforts as countries turn to coal to meet demand; Years into fracking boom, air regulators can't keep up; ... PLUS: To save America's coasts, don't always rebuild them ... and much, MUCH more! ...

What's left of the Voting Rights Act is in danger yet again, thanks to the Republicans' stolen and packed U.S. Supreme Court majority. But this time, as we report on today's BradCast, the VRA has a new champion on the Court who seems to know how to speak in terms that even corrupt GOP Justices may have a difficult time ignoring. [Audio link to full show is posted below this summary.]

First up today, however, the continuing fallout from Monday's Daily Beast exclusive revealing that Georgia's Republican U.S. Senate nominee and accomplished liar, Hershel Walker, urged a girlfriend to have an abortion in 2009 and paid for the procedure himself. That, despite Walker's staunchly "pro-life" claims and campaign opposition to any and all abortions without exception, even in cases of rape, incest and the life of the mother.

The blockbuster story has rocked GOP hopes of flipping the Peach State Senate seat currently occupied by Democratic Sen. Rev. Raphael Warnock from "blue" to "red" in November and, if true (Walker "flat out" denies the allegations) reveals the former football pro to be an extraordinary hypocrite. More staggering than that, however, is the hypocrisy currently on display by Republican leaders who are standing behind Walker despite the well-documented reporting, revealing that they never actually gave a damn about abortion in the first place. As MSNBC's Chris Hayes correctly observed on Twitter: "I just want to be clear that in the moral cosmology of Herschel Walker and Republicans the accusation is that he paid to have his child murdered."

No worries! According to new reporting, Republicans knew about the allegations long ago and just hoped they wouldn't come to light before November. But now that it has, as we detail today, longtime GOP leaders, pundits and media influencers --- who have long claimed to be "family values" "conservatives" who believe abortion is "murder" --- have come up with all sorts of ways to justify their continued support of Walker because they believe they need him to win back a Senate majority next month.

Next: As detailed on yesterday's program, Ketanji Brown Jackson, the U.S. Supreme Court's newest Justice, made a splash during the Court's first day of oral argument in the new term on Monday, in her response to a rightwing challenge to the EPA's authority to regulate water under the Clean Water Act. On Tuesday, KBJ was spectacular once again during a rightwing challenge to provisions barring racial discrimination in voting under the landmark Voting Rights Act of 1965.

KBJ may have out-foxed fellow SCOTUS colleagues in her defense of the VRA, using an "originalist" defense for consideration of race in voting laws. We share the heart of her brilliant argument today, in detailing the Alabama case before the Court. Merrill v. Milligan challenges a unanimous appeals court ruling that the state's Republican legislature violated the Constitution and Section 2 of the VRA by creating just one Congressional District out of seven in the state, in which black voters would be able to select a candidate of their choosing following 2020 Census redistricting. That, despite the fact that more than a quarter of the state's population is black.

The Court of Appeals ordered AL to create a second majority-minority Congressional District in time for the 2022 elections. Instead, state Republicans challenged the ruling at SCOTUS, which, in February, put the lower court's ruling on hold until they could hear the case. (They also blocked a similar ruling in Louisiana, where state lawmakers were also ordered to create a second majority black Congressional District.)

In February, after the dubious SCOTUS ruling that would essentially steal a Congressional seat in AL (and in LA) for Republicans in the 2022 elections, we were joined to discuss it by DAN VICUÑA, longtime National Redistricting Manager at Common Cause. He joins us again today to discuss Tuesday's hearing at SCOTUS; KBJ's ingenious defense of "race conscious" Congressional map-making in response to AL's claim that redistricting should be "race neutral" despite mandates of the VRA and the Civil War's reconstructionist Constitutional Amendments that it is meant to enforce; and what the various potential rulings by the Court's corrupt, far-right super-majority may mean for the future of what is left of the VRA.

"What Alabama is seeking is a fairly radical change to the law and current Supreme Court jurisprudence," Vicuña explains. "It's essentially asking the court to allow a 'race-neutral' drawing of districts. And, as long as you are 'race neutral', it doesn't really matter if a community of color [is] allowed to elect their candidate of choice. They're basically saying the black community in Alabama could have no districts in which they elect their candidate of choice unless it was drawn in a so-called 'race neutral' way. It's a huge change, and I think Justice Jackson was rightfully pushing back in a forceful manner on what would be a significant change and blow to voting rights."

In her argument during Tuesday's hearing, Jackson went back to what the original framers of the Reconstruction-era 14th and 15th Amendments argued at the time of their adoption. And it appears to be the opposite of what AL is now arguing in court. In recent years, Republicans have claimed to support a so-called "originalist" legal theory when determining the Constitutionality of various laws. But now that KBJ has handed them such a theory for defending the VRA, it will be interesting to see if she helps to peel off enough rightwing Justices to stave off this latest attack on the nation's critical voter protection law.

Finally today, there was another procedural win handed down to the Dept. of Justice from the 11th Circuit Court of Appeals in the criminal investigation of Donald Trump's theft of thousands of documents retrieved by the FBI from Mar-a-Lago in August...

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It's another 10-pound show in another 5-pound BradCast today. [Audio link to full show is posted below this summary.]

Among the many stories covered...

• A state police detective in Michigan, according to email obtained by Reuters, recommends criminal charges be brought against Stephanie Scott, a Republican Michigan township clerk, for yet another breach of yet another voting tabulator and for allegedly giving a database of confidential voter data to a fellow 2020 election conspiracist. The media outlet reports there have been at least 18 similar breaches or attempted breaches of voting systems across the country by sore loser election deniers, including 12 in MI alone. Separately, a state Special Prosecutor is currently investigating nine people "for an alleged conspiracy to gain unauthorized access to voting equipment in a case that involves alleged breaches across the state." One of those under investigation is the GOP's Attorney General nominee Matt DePerno.

• Speaking of 2020 election conspiracists, pillow salesman Mike Lindell's petition to the U.S. Supreme Court was rejected on Monday. He was seeking to challenge one of two defamation suits filed against him by a voting machine company, in this case, Dominion, which he baselessly accused of helping to steal the 2020 election from Donald Trump. Lindell had been hoping to change long-standing federal law regarding defamation suits brought by public figures. SCOTUS rejected him. So the previous ruling in the matter, by a Trump-appointed federal District Court judge in D.C., means that Dominion's $1.3 defamation suit against Lindell may now move forward to discovery and trial. (Along with several other defamation lawsuits against a bunch of Lindell's fellow GOP election fraudsters and rightwing media outlets.)

• Speaking of SCOTUS, Monday was the first day of their new term. It included oral argument in a case challenging the EPA's authority to regulate the waters of the United States under the Clean Water Act. It was also the first oral argument to feature the Court's newest member, Justice Ketanji Brown Jackson. By all reports and audio evidence, she kicked ass. We detail the case and explain KBJ's awesome first day performance.

• Speaking of asses, Donald Trump filed an emergency request to SCOTUS on Tuesday, seeking their intervention in his dispute over hundreds of pages of stolen documents marked as classified that were retrieved by the FBI from Mar-a-Lago as part of the DoJ's criminal probe into the former President's apparent violations of the Espionage Act and other federal statutes. Trump's filing comes just days after a three-judge panel on the 11th Circuit Court of Appeals (featuring two Trump appointees), dismembered a lower court ruling by another Trump judge who is corruptly attempting to stall the investigation with her appointment of a Special Master to review the documents in question.

• Next up, the pathetic story that broke over the last 24 hours regarding Republican U.S. Senate nominee, former football hero and seemingly mentally unstable liar, Herschel Walker. He is running to unseat incumbent Democratic Sen. Raphael Warnock in Georgia next month. On Monday night, The Daily Beast's Roger Sollenberger reported that Walker --- who is running, in no small part, on claims to oppose abortion in every instance, without exceptions for rape, incest or the life of the mother (which he called "excuses") --- paid for a girlfriend to have an abortion in 2009. Sollenberger appears to, literally, have the receipts to prove it. But, even as Walker was flatly denying the charges on Fox "News" on Monday night and vowing to sue The Daily Beast for defamation, one of his adult children lit up a Twitter storm with an astonishing rant, characterizing his father as a liar and hypocrite and anything but a "family man." Christian Walker charged, among many other things, that his father committed "atrocities" against his mom. She charged years ago, on CNN, that Walker held a gun to her head "and said he was gonna blow my brains out." Incredibly enough, prior to the hectic revelations of the last 24 hours, and despite a long list of proven lies told by Walker, the GOP nominee was virtually tied in pre-election polling with Warnock in GA, for reasons that, as we discuss, are difficult to even fathom.

• Finally, Desi Doyen joins us for our latest Green News Report, with updates on Hurricane Ian's catastrophic damage and death toll in Florida; Biden's visit to Puerto Rico in the wake of Hurricane Fiona; and the SCOTUS case heard on Monday challenging the EPA's power to enforce the Clean Water Act...

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IN TODAY'S RADIO REPORT: Florida residents face the catastrophic damage and death toll of Hurricane Ian; Community specifically designed for climate resilience passes Ian's test; President Biden pledges timely, full aid for Puerto Rico after Hurricane Fiona; PLUS: Next on the U.S. Supreme Court's chopping block: the Clean Water Act... All that and more in today's Green News Report!

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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): Deep State of Denial: Far right furiously rationalizing Hurricane Ian; Ian exposes messy politics of disaster spending; Pakistan disease outbreaks after floods spur calls for crisis plan; Carbon capture project faces local pushback in Louisiana; Free shipping isn't free for everyone; The EV boom is about to begin - does the U.S. have the power to charge it?; California suffers driest 3 years on record, with no end in sight... PLUS: Memories of the end of the last ice age, from those who were there.... and much, MUCH more! ...

With unspeakable devastation from Florida to Ukraine, the stakes couldn't be higher for our upcoming midterm elections. We cover all of that on today's BradCast, even while tending to some long overdue accountability and grotesque conflicts of interest in Congress. [Audio link to full show is posted below this summary.]

The horrifying death toll from last week's climate change-fueled Hurricane Ian continues to rise. More than 100 were confirmed dead in Florida alone as of airtime. That number is likely to keep growing, along with the growing questions about why state officials did not call for evacuations before they finally did. Put those questions into the same file that may explain the state's years of climate crisis denial and its now collapsing insurance industry.

At the same time, corrupt authoritarian regimes elsewhere are similarly ill-serving their citizens. We get caught up a bit today on Russia's sham referendums and unlawful annexation of four regions in eastern Ukraine last week. That, as Russia's military offensive continues to collapse and lose ground to Ukrainians defending their sovereign homeland; as Vladimir Putin faces growing unrest after announcing the forced draft of hundreds of thousands of Russians; and as he continues to threaten the use of nuclear weapons as his political and military fortunes devolve.

Then, we move to Brazil, where far-right President Jair Bolsonaro lost in the first round of voting on Sunday to the nation's former leftist President known to the people simply as "Lula". While Lula defeated Bolsonaro over the weekend, neither candidate received the votes necessary to avoid a run-off later this month. Lula's victory was much narrower than expected based on pre-election polling showing that he was likely to defeat Bolsonaro by about 14 points. He won by just less than 6 points in what should serve as another object lesson for U.S. voters before our own critical midterm elections in just 35 days.

Next, we're joined by longtime government affairs and ethics lobbyist CRAIG HOLMAN of Public Citizen to discuss the Combatting Financial Conflicts of Interest Act that he had hoped to see passed in the House before next month's midterms. Holman helped shepherd passage of 2012's STOCK Act. It was hoped that the decade old measure --- requiring immediate disclosure of stock trades by members of Congress and ending their exemption from insider trading laws --- would shame members into avoid conflicts of interest when trading stocks in companies which they also oversaw in Congressional committees.

As Holman details today, the STOCK Act failed in that regard for several reasons. As a New York Times analysis found last month, at least 97 members of the House and Senate, of both parties, continue to hold stocks in companies that they oversee on Congressional committees. But it is hoped that the new measure will end that as well. It would bar members and their direct family (spouses and children) from buying and selling stocks at all, and require them to divest their portfolio entirely or place such assets into blind trusts.

"Prior to the STOCK Act in 2012," Holman explains, "insider trading was illegal for you and I and Martha Stewart, but it was perfectly legal for members of Congress. And they were making use of it. There was one economist who came out with a study that showed members of Congress enjoy a 12% higher rate of return than the rest of us on the stock market. Which means either they're geniuses at trading in the stock market, or they know something that we don't know. Quite obviously, it's the latter."

While the STOCK Act did reduce members' trading in stocks by about two-thirds, he says, the other third "are still out there trading. They are sitting on the same committees and in their same official capacities overlooking the same businesses that they're buying and selling stocks in."

The new bill, however, would finally end those bipartisan conflicts of interest, and/or the appearance of same, once and for all. But, Holman also explains how the bill he had hoped to see passed by both chambers before this year's midterms was derailed last week He tells us whodunnit and how he hopes to see the measure adopted nonetheless in the lame duck session after the elections. Here's hoping!

Does Holman have any concerns that this new law would prevent qualified folks from running for Congress in the first place? "Not on my end," he responds. "That is one argument that you always run into. But, quite frankly, if you've got a huge financial conflict of interest with your official duties of serving in Congress, I don't want you here. If you're not going to get rid of that conflict of interest, you pose more of a threat to the integrity of our legislative process, no matter how competent you are."

Finally, President Biden visited Puerto Rico on Monday in the wake of the devastation of Hurricane Fiona (the storm that took out power across the island, yet again, just two weeks before Ian's devastation in Florida). He didn't throw paper towels at residents, as the former guy did following Hurricane Maria, though he did vow to help get their infrastructure back up and hardened to withstand many more of these storms that will be coming their way as the climate crisis worsens. We share some of Biden's remarks today...

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Even before Hurricane Ian devastated the state, Florida's insurance industry was collapsing. As discussed on today's BradCast, decades of climate denialism by the Republicans who run the state hasn't helped. [Audio link to full show follows below this summary.]

Gov. Ron DeSantis seems to have a very different perspective on federal hurricane disaster aid than he did while a freshman in Congress in 2013, when he was an adamant "no" vote on sending federal aid dollars to New York and New Jersey after the devastation of Hurricane Sandy. He also seems to have a different opinion of President Biden than he did just a week or so ago, when the ambitious GOP Presidential hopeful was threatening to use state taxpayer dollars to fly undocumented immigrants to Biden's home in Delaware. Suddenly, the DeSantis swagger is gone. At least for now, as the Sunshine State Guv has little choice after Ian but to crawl hat in hand to the same federal government he has pretended to abhor for political benefit.

But that's not DeSantis' only problem. As our guest today, THOMAS FRANK, longtime climate change impact journalist at E&E News, explains, the insurance industry in Florida has been in big trouble for some time. Major insurers left the state after Hurricane Andrew in 1992, and six of the regional mom and pop outfits who took their place have gone insolvent over the past year alone.

"There's not the kind of robust, private sector [in the insurance industry] you have really everywhere else in the country," Frank tells me today. "What happened the last few days is going to make a bad situation --- pick your adjective --- horrendous. The truth is nobody knows exactly how bad it's going to be, because that's going to take weeks, months to figure out as people try to start filing claims and so forth. But I don't anyone thinks it's going to be anything but bad."

Frank has been reporting on --- and warning about --- the state's failing insurance industry long before Ian may have finished it off. Premiums for homeowners insurance cost about 3 times more than the national average and, at the same time, Florida's Citizens Property Insurance Corp., the state-backed insurer of last resort, has been under-pricing homeowner policies for years, he says. They are unlikely to have enough money to pay out the claims that will soon come flooding in.

Moreover, homeowner policies don't cover flood insurance. That's left to a federal government program and most Floridians who have flood coverage live on the coast, even as hundreds of thousands of homeowners who have been flooded out this week live nowhere near it. They are unlikely to be insured for flooding at all.

As Frank writes today at E&E, "Hurricane Ian is expect to financially ruin countless people" in the state, including both homeowners and insurers. As he wrote yesterday at Politico, "Profit drove a 30-year boom" in the state, particularly near the coast, where the population has doubled or tripled amid a building boom in recent years, despite warnings from climate experts about sea rise and the intensification of hurricanes. "Ian smashed" that boom "in a day," writes Frank.

This, in a state controlled by climate change denialist politicians who have gone so far as to ban the use of the phrase "climate change" in state reports, and where DeSantis, as recently as last month, began an effort to bar the state's pension fund from even considering environmental factors when investing billions of dollars belonging to teachers, firefighters and other state workers.

Please tune in for today's enlightening conversation.

Finally today, Democrats in the House Oversight Committee recently obtained and released a trove of internal documents from fossil fuel industry insiders from ExxonMobil, Chevron, Shell and BP. The communications reveal that Big Oil execs, staffers and lobbyists admit to "gaslighting" the public regarding their public claims to be fighting against the climate crisis. (Who could have guessed it?!) For example, while Shell has publicly claimed they are working toward "net-zero" greenhouse gas emissions by 2050, a missive to employees in 2020 instructs them to never "imply, suggest, or leave it open for possible misinterpretation that (net zero) is a Shell goal or target," adding that the company has "no immediate plans to move to a net-zero emissions portfolio" over the next 10 to 20 years.

Republicans on the House Committee are furious that their friends and campaign donors have been exposed (again) as liars. And the companies argue the Committee's selective release of documents doesn't offer a full picture of their very very concerned stance on the climate crisis. So, as a public service, we close today with a new ad from Chevron that may help clear the air a bit. You're welcome!

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