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Latest Featured Reports | Tuesday, October 21, 2014
Congresswoman Sets Impeachment Deadline for Federal Judge Mark Fuller
ALSO: Court unseals divorce docs from first marriage, Fuller attorney dismisses abuse allegations as 'rhetorical questions'...
SCOTUS ALLOWS TEXAS' DISCRIMINATORY GOP PHOTO ID LAW TO USED IN MIDTERMS
Despite uncontested findings striking down the law as a racially-motivated, 'unconstitutional poll tax', it will be implemented this year...
'Dead Heat' and 'Dirty Tricks': The Nightmare Scenario
Maddow warns: 'With this many top of ticket races tied, turnout will be everything...Now we watch for the ways that people will try to stop voters from turning out or from having their votes counted, by hook or by crook'...
Judge Fuller's Attorney Says Wife Beating Thing No Big Deal; 911 AUDIO and Gov. Don Siegelman Disagree
Standalone video of 911 call; First comment on case by imprisoned former AL Gov.; MORE...
Emergency Appeals Filed at SCOTUS to Restore Voting Rights to 600,000 in TX
GOP Photo ID law, which lower court found intentionally discriminatory, is different from recent cases before High Court, say plaintiffs...
'Green News Report' 10/16/14
  w/ Brad & Desi
Ryan backs away (sort of) from climate change denial; NatGas isn't a bridge to lower-emissions; PLUS: Did Lockheed-Martin really invent a compact nuclear fusion reactor?...
Previous GNRs: 10/14/14 - 10/9/14 - Archives...
Bloomberg on BRAD BLOG on Judge Richard Posner on Photo ID Voting Laws...
'By the sounds of it, the floor that supported voter-ID laws has just given way'...
'BradCast': Special Coverage of WI, TX, AR Photo ID Rulings
Trouble keeping up with the on-again/off-again court rulings on GOP voter suppression laws? Brad tries to make sense of it all for ya...
WTF?!: FL Gov. Rick Scott Refuses To Appear at Debate With Gov. Charlie Crist
Watch the video. They're calling it 'FanGate'. We're just calling it Florida...
Arkansas Supreme Court Strikes Down State GOP's Photo ID Voting Law
Court determines law, passed over Dem Governor's veto, violates explicit right to vote in state Constitution...
5th Circuit Appeals Panel Restores Texas GOP's 'Discriminatory' Photo ID Law
While not contesting lower court's finding of law's unconstitutionality, judges cite SCOTUS precedent on last minute voting changes...
'Green News Report' 10/14/14
  w/ Brad & Desi
Coal wins U.S. Senate debate in KY!; Pentagon: climate change threat to NatSec; Wind power cheapest source of energy; PLUS: September 2014 was hottest ever...
Previous GNRs: 10/9/14 - 10/7/14 - Archives...
Strange But True: Minority Ruled in WI Photo ID Case
A bizarre sidebar to the federal court's ruling in WI, thanks to a quirk in the law and Dems' inability to fill a vacant seat on the 7th Circuit...
Repub Judge Who Approved Nation's 1st Photo ID Law in 2008 Writes Devastating Dissent Against Them
Reagan-appointed Richard Posner pens best case ever against Photo ID voting restrictions...
Liar, Liar: Father and Son Reps Duncan Hunter Just Make Shit Up
Son claims ISIS agents nabbed at Mexican border! Father, as BRAD BLOG reported in 2007, said non-citizens 'rounded up' and 'herded' to vote in CA!...
SCOTUS BLOCKS WI PHOTO ID VOTING LAW
Bad news for GOP and Gov. Scott Walker, good news for voters, as U.S. Supreme Court restores demoracy at last minute to the Badger State...
FEDERAL JUDGE STRIKES DOWN TX GOP'S 'UNCONSTITUTIONAL, DISCRIMINATORY' PHOTO ID VOTING LAW
U.S. District Court judge permanently enjoins GOP law, finds it discriminates, amounts to a poll tax...
ACLU on 'Photo ID Needed to Fly' Canard
They nailed federal Judge Easterbrook's lies about WI's Photo ID voting restriction much more succinctly than we did: 'Wrong, wrong, wrong, wrong, and wrong again'...
'Green News Report' 10/9/14
McConnell & other GOP candidates dodge and retreat from climate denial; U.S. auto fleet achieves record fuel efficiency; PLUS: 'Clean Coal' in Canada?...
Non-KPFK 'BradCast': Special Election Coverage/Primal Scream Edition
This year's elections may be decided by the courts even before Election Day: A BradCast special...
SCOTUS Overturns 4th Circ, Allows NC to End Same-Day Registration, Counting of 'Wrong Precinct' Ballots
100s already disenfranchised; Nation's worst suppression law to have full trial next year...
GAO: Republican Photo ID Voting Restriction Laws Lowered Turnout in KS, TN
Dems tout non-partisan government report to underscore need to fix Voting Rights Act, but there's more to story they aren't mentioning...
Federal Court Tosses VA's Ridiculously Gerrymandered Congressional Map
Ruling by GW Bush appointee is too late for 2014 election, but redrawn map could result in 2 to 3 new Dem U.S. House seats in 2016...
'Green News Report' 10/7/14
LED inventors win Nobel Prize; EPA regs slashed cancer risk 65% in CA; L.A. builds all-electric highway; PLUS: SCOTUS upholds (GW Bush's) EPA ozone regulations...
7th Circuit Offers Blatant FALSEHOODS in Ruling on WI Photo ID Voting Law
No, Photo ID is NOT required for boarding an airplane, no matter how many times wingnuts make the claim to influence a SCOTUS ruling...
NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
Just 10 cases of in-person impersonation in all 50 states since 2000...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...

By Brad Friedman on 10/20/2014 5:11pm PT  

...They can probably save money on signage by just changing the dates on some of the old signs...

I had tweeted over the weekend...

To which @TexasTruthSerum replied with the photo above and the comment...

--- Click here for REST OF STORY!... ---

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Judge Fuller's attorney again downplays first wife's allegations of domestic violence, substance abuse as 'rhetorical questions'...
By Brad Friedman on 10/20/2014 2:19pm PT  

It's been a very busy few weeks here of late, just trying to keep up with all of the roller coaster court rulings (here's the latest, and its not good), thanks to GOP voter suppression laws around the country. (Your donations to our efforts in that regard help a great deal --- thank you and please!)

So, with a very few minutes pause in the voter suppression action on Friday morning, we were finally able to catch you all up with the latest in the Judge Mark Fuller wife-beating case on Friday.

Naturally, no sooner did we do so, when a few more noteworthy events happened in the case...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 10/17/2014 1:50pm PT  

We really should have taken some time off this past summer, cause it looks like we may not get a good break anytime soon. It may be a much busier November, December and even January than we'd like.

Rachel Maddow highlights what we regard as our personal nightmare scenario: "Almost every legitimately contested, legitimately interesting race in the country --- is tied, right now, with less than three weeks to go"...

Ugh.

"With this many top of the ticket races tied, turnout will be everything," Maddow explains. "So now's the part where we watch for the ways that people will try to stop voters from turning out or from having their votes counted, by hook or by crook. ... Right now, big picture, three weeks out: this is a tie game. Close enough to be fascinating, but also close enough to be stolen"...

--- Click here for REST OF STORY!... ---

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-> Stand-alone video of the 911 AUDIO from Fuller's second wife Kelli
PLUS: Still-imprisoned Gov. Don Siegelman, another victim of Fuller's perfidy, finally comments on reports of federal judge's repeated domestic abuse...
By Brad Friedman on 10/17/2014 6:02am PT  

[This article now cross-published by Salon...]

Recently, the attorney for U.S. District Court Judge Mark Fuller (Middle District of Alabama) described the incident where the federal judge was arrested and charged for beating his second wife bloody in an Atlanta hotel room in early August as overblown.

This week, his attorney went further in describing allegations that Fuller similarly beat his first wife as little more than "nonsense" and "gossip".

Also this week, Fuller's most famous "victim", former Alabama Gov. Don Siegelman (D), has finally spoken out about the entire sordid business.

Fuller's Alabama attorney Barry Ragsdale says that it was only after the release of a video showing an NFL superstar knocking out his then-fiancée in a hotel elevator in Atlantic City that people began to care in the least about a federal judge who, according to the police, repeatedly struck and kicked his second wife Kelli and dragged her around the hotel room by her hair.

"It got caught up in the Ray Rice and NFL scandals, and it's gotten lumped into a category of domestic violence that I don't think it belongs in," Ragsdale said in his attempt to marginalize the incident on behalf of his client, according to the Montgomery Advertiser. "There was not a beating, kicking or slapping in this instance," he says.

Really? Is that the case? Well, aside from the wife, the police and the evidence at the scene suggesting otherwise, let's review the audio from Kelli Fuller's 911 call again to help determine if Ragsdale's claim is credible.

Since the audio, as we originally posted it here last month, was buried inside of a longer video segment from Chris Hayes' MSNBC show, we've taken the liberty to pull out just the audio from the call itself, as played on MSNBC, to put it into its own standalone video for easy reference. Here ya go...

Really, Mr. Ragsdale? No "beating, kicking or slapping in this instance"? The 911 audio evidence strongly suggests otherwise, as did the lacerations and bruises reportedly found on Kelli Fuller's face and legs, the hair found on the floor in the room, and the blood discovered in the bathroom when police responded at the Ritz-Carlton.

We wonder if Fuller, a 2002 George W. Bush lifetime appointee to the federal bench (unless he resigns or is impeached by Congress) with a record for failing to recuse himself when presiding over trials of political opponents, would be impressed with the audio evidence from the 911 call and the testimony of police if it was presented in his court room.

In any event, Ragsdale went on to describe the reaction from the public and the calls for the federal Judge's resignation and/or impeachment from the entire Alabama Congressional delegation (including both of the state's U.S. Senators and all five Congressmen and women), the state's Governor, senior federal judges, and all sorts of newspapers from Alabama (here, here and here) to Washington D.C. as merely "overblown"...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 10/16/2014 6:03am PT  

You'll have to scroll down past the initial Ebola stuff, but thereafter, Laurence Arnold and C. Thompson at Bloomberg News offer some nice coverage of The BRAD BLOG's coverage of Reagan-appointed federal Judge Richard Posner's devastating opinion on Photo ID voting laws at the 7th Circuit Court of Appeals last week.

The best line is their closer: "Stay tuned. Because by the sounds of it, the floor that supported voter-ID laws has just given way."

Yup.

* * *
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By Brad Friedman on 10/15/2014 11:15pm PT  

Well, KPFK/Pacifica Radio is still on fund drive this week, but there is just too much going on to not do a new BradCast for my network affiliate stations and for you.

So, instead of live from the KPFK studios this week, we are once again "live" from BRAD BLOG World News Headquarters once again for this week's show. (If you heard last week's episode/primal scream, you'll be happy to know that the news this week is considerably more encouraging!)

Having trouble keeping up with the very latest on all of the on again/off again GOP voter suppression laws across the country just over two weeks before Election Day? Me too! So, if you missed any of our roller coaster coverage here at the blog, on all the fine messes over the past week or so, I try to get you all caught up on what you need to know about the latest in the court battles over the unconstitutional Republican Photo ID voting restrictions in Wisconsin, Arkansas and Texas...and on the one devastating appellate court opinion that might ultimately kill them all once and for all.

Buckle up (and please feel free to drop something in the BRAD BLOG Tip Jar while you're listening!)...

Download MP3 or listen online below...

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By Brad Friedman on 10/15/2014 5:30pm PT  

Okay, gotta go do a broadcast, so I'll leave it to someone else to explain what the hell this is all about, as just posted moments ago...

* * *

UPDATE: Um...okay...so...I'm now out of the broadcast and...um...here's video of Gov. Rick Scott actually explaining why he had refused to come out on stage at the debate...

--- Click here for REST OF STORY!... ---

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Restrictive law, one of nation's strictest, approved by Republicans after veto by Dem Governor, struck down before mid-term election...
By Brad Friedman on 10/15/2014 3:16pm PT  

Good news for voting and democracy fans once again today...

LITTLE ROCK, Ark. (AP) --- Arkansas' highest court on Wednesday struck down a state law that requires voters to show photo identification before casting a ballot, ruling the requirement unconstitutional just days before early voting begins for the Nov. 4 election.

In a decision that could have major implications in the state's election, the state Supreme Court upheld a lower court ruling that determined the law unconstitutionally added a requirement for voting.

The high court noted that the Arkansas Constitution lists specific requirements to vote: that a person be a citizen of both the U.S. and Arkansas, be at least 18 years old, and be lawfully registered. Anything beyond that amounts to a new requirement and is therefore unconstitutional, the court ruled.

"These four qualifications set forth in our state's constitution simply do not include any proof-of-identity requirement," the ruling said.

AP didn't note as much, but the court's ruling was unanimous.

Michael Li of the Brennan Center's Democracy Program said in a statement following today's ruling, that it was "an important victory for the many lifelong Arkansas voters who would have been disenfranchised by one of the strictest photo ID laws in the country." He added: "Today's decision reaffirms that when it comes to voting, the Arkansas Constitution is steadfast in protecting voters."

Earlier this year a state judge declared the law "null and void" after finding in two separate court cases that it violated the state's strict protections of the right to vote. Several weeks later, the state Supreme Court nixed the judge's ruling, but failed to rule, at the time, on the state constitutionality of the law. Now they have.

The Photo ID voting restriction in Arkansas was passed in the state legislature after Republicans took over both chambers in 2013 for the first time since Reconstruction. The bill was vetoed by Democratic Gov. Mike Beebe, but the veto was subsequently overridden by the Republican legislature. As recently noted in a devastating opinion on the Photo ID law in WI (which is currently blocked by the U.S. Supreme Court) written by conservative icon Judge Richard Posner of the U.S. 7th Circuit Court of Appeals, other than in Arkansas, every single strict Photo ID restriction that has been passed over the last several years has been in states where Republicans control both chambers of the state legislature, as well as the Governor's mansion.

As we reported in April, the Arkansas law, Act 595 [PDF], went even further than most similar laws being enacted by Republicans around the country. It requires a photocopied ID to be included with absentee ballots, as well as when voting in person. Notably, however, it does not require strict Photo ID for absentee voters. When voting by absentee ballot, the law allowed, in addition to state-issued Photo ID, for the use of "a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter."

Those allowances would not have been granted to in-person voters under the GOP voting restriction, despite the fact that absentee ballot fraud is far more prevalent than the virtually non-existent cases of polling place impersonation.

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Appellate judges do not challenge lower court findings, but worry about 'confusion', SCOTUS precedent on late voting law changes
UPDATE: Plaintiffs file Emergency Application to Vacate the Appellate Court ruling with SCOTUS...
By Brad Friedman on 10/14/2014 7:21pm PT  

[This article now cross-published by Salon...]

This is not unexpected, though its still disturbing to those concerned about voting rights and the possibility that more than half a million legally registered voters in Texas may not be allowed to vote in this November's election.

A three judge panel on the 5th Circuit Court of Appeals has, for now, blocked the U.S. District Court's ruling last week in Texas, issued after a full trial on the merits of the law, which had struck down state Republicans' polling place Photo ID voting restriction after finding it deliberately discriminatory and a violation of the U.S. Constitution and federal Voting Rights Act.

Following Tuesday's order by the 5th Circuit [PDF] reversing the lower court ruling, for now, the plaintiffs challenging the state statute said, almost immediately, that they plan to file an emergency appeal with the U.S. Supreme Court to put the law back on hold before the November elections.

Voting rights proponents worry that, if the Court holds true to its recent rulings in voting rights cases in NC, in OH and, most recently, in WI, they are likely to allow TX' discriminatory law to stay in place this November, pending a full hearing on the merits at a later date.

There is, however, some important differences in the TX case than in those other three, which we'll explain in a moment.

Texas had appealed the initial 147-page ruling [PDF] by U.S. District Court Judge Nelva Gonazles Ramos, issued last week, which found that the Texas Photo ID voting statue, SB 14, "creates an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics and African-Americans, and was imposed with an unconstitutional discriminatory purpose." She also determined that the state requirement that voters produce one of a few very specific types of state-issued Photo ID when voting at the polling place amounted to an "unconstitutional poll tax", since all such ID requires at least some payment by voters...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 10/13/2014 4:25pm PT  

Hopefully you've read the amazing opinion offered by the conservative, Reagan-appointed appellate court Judge Richard Posner by now, absolutely demolishing both Wisconsin's Republican-enacted Photo ID voting law, and pretty much all others --- including the first-in-the-nation such law in Indiana that Posner himself was responsible for upholding back in 2008!

If not, go read it and then come back. It's that good and that important. Either way, we may have a bit more to say about it in the near future, as it's an absolutely landmark opinion on this issue --- one that we've been covering at The BRAD BLOG for more than a decade now --- even as a dissent.

But there's one fairly amazing sidebar to all of this, at least to me, that I've been meaning to note here --- if only because it seems so bizarre...

--- Click here for REST OF STORY!... ---

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Judge Richard Posner: 'If the WI legislature says witches are a problem, shall WI courts be permitted to conduct witch trials?'...
By Brad Friedman on 10/11/2014 3:04pm PT  

[This article now cross-published by Salon...]

If you read just one top-to-bottom dismantling of every supposed premise in support of disenfranchising Photo ID voting restrictions laws in your lifetime, let it be this one [PDF]!

It is a dissent, released on Friday, written by Judge Richard Posner, the Reagan-appointed 7th Circuit Court of Appeals judge who was the one who approved the first such Photo ID law in the country (Indiana's) back in 2008, in the landmark Crawford v. Marion County case which went all the way to the Supreme Court, where Posner's ruling was affirmed.

If there was ever evidence that a jurist could change their mind upon review of additional subsequent evidence, this is it. If there was ever a concise and airtight case made against Photo ID laws and the threat they pose to our most basic right to vote, this is it. If there was ever a treatise revealing such laws for the blatantly partisan shell games that they are, this is it.

His dissent includes a devastating response to virtually every false and/or disingenuous rightwing argument/talking point ever put forth in support of Photo ID voting restrictions, describing them as "a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government."

Posner is, by far, the most widely cited legal scholar of the 20th century, according to The Journal of Legal Studies. His opinions are closely read by the Supreme Court, where the battle over the legality and Constitutionality of Photo ID voting laws will almost certainly wind up at some point in the not too distant future. That's just one of the reasons why this opinion is so important.

This opinion, written on behalf of five judges on the 7th Circuit, thoroughly disabuses such notions such as: these laws are meant to deal with a phantom voter fraud concern ("Out of 146 million registered voters, this is a ratio of one case of voter fraud for every 14.6 million eligible voters"); that evidence shows them to be little more than baldly partisan attempts to keep Democratic voters from voting ("conservative states try to make it difficult for people who are outside the mainstream...to vote"); that rightwing partisan outfits like True the Vote, which support such laws, present "evidence" of impersonation fraud that is "downright goofy, if not paranoid"; and the notion that even though there is virtually zero fraud that could even possibly be deterred by Photo ID restrictions, the fact that the public thinks there is, is a lousy reason to disenfranchise voters since there is no evidence that such laws actually increase public confidence in elections and, as new studies now reveal, such laws have indeed served to suppress turnout in states where they have been enacted.

There is far too much in it to appropriately encapsulate here for now. Ya just really need to take some time to read it in full. But it was written, largely, in response to the Appellate Court ruling last week by rightwing Judge Frank Easterbrook which contained one embarrassing falsehood and error after another, including the canards about Photo ID being required to board airplanes, open bank accounts, buy beer and guns, etc. We took apart just that one paragraph of Easterbrook's ruling last week here, but Posner takes apart his colleague's entire, error-riddled mess of a ruling in this response.

Amongst my favorite passages (and there are so many), this one [emphasis added]...

The panel is not troubled by the absence of evidence. It deems the supposed beneficial effect of photo ID requirements on public confidence in the electoral system "'a legislative fact'-a proposition about the state of the world," and asserts that "on matters of legislative fact, courts accept the findings of legislatures and judges of the lower courts must accept findings by the Supreme Court." In so saying, the panel conjures up a fact-free cocoon in which to lodge the federal judiciary. As there is no evidence that voter impersonation fraud is a problem, how can the fact that a legislature says it's a problem turn it into one? If the Wisconsin legislature says witches are a problem, shall Wisconsin courts be permitted to conduct witch trials? If the Supreme Court once thought that requiring photo identification increases public confidence in elections, and experience and academic study since shows that the Court was mistaken, do we do a favor to the Court-do we increase public confidence in elections-by making the mistake a premise of our decision? Pressed to its logical extreme the panel's interpretation of and deference to legislative facts would require upholding a photo ID voter law even if it were uncontested that the law eliminated no fraud but did depress turnout significantly.

And this one...

There is only one motivation for imposing burdens on voting that are ostensibly designed to discourage voter-impersonation fraud, if there is no actual danger of such fraud, and that is to discourage voting by persons likely to vote against the party responsible for imposing the burdens.

And remember, once again, this is written by Richard Posner, the conservative Republican icon of a federal appellate court judge --- the judge who wrote the opinion on behalf of the 7th Circuit Court of Appeals approving of the first such Photo ID law in the country in 2008, the very case that rightwingers from Texas to Wisconsin now cite over and over (almost always incorrectly) in support of similar such laws --- now, clearly admitting that he got the entire thing wrong.

One last point (for now): Our legal analyst Ernie Canning, who (along with me) will undoubtedly have much more to say on this dissent in upcoming days, suggests we award The BRAD BLOG's almost-never-anymore-bestowed Intellectually Honest Conservative Award to Judge Posner. And so it shall be.

Now go read Posner's dissent...

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Making shit up about alien invasions of one form or another is a long family tradition for the Republican U.S. Congressmen from CA...
By Brad Friedman on 10/10/2014 1:57pm PT  

California Congressman Duncan D. Hunter (R) is in the middle of an amusing kerfuffle after claiming that he was told by unnamed U.S. Border Patrol agents that "ISIS is coming across the southern border," and will soon be "bombing American cities [after] coming across from Mexico." Most disturbing, he also said that while several of the Islamic terrorists had already been nabbed by federal agents, more have most likely slipped through and are amongst us even now!

"I know that at least 10 ISIS fighters have been caught coming across the Mexican border in Texas," the Congressman told a dubious Greta Van Susteren on Fox "News" earlier this week. Though those 10, luckily, were taken into custody, Hunter added, "you know there's going to be dozens more that did not get caught by the Border Patrol."

The Dept. of Homeland Security, however, has denied the claim, calling it "categorically false, and not supported by any credible intelligence or the facts on the ground." The Mexican Embassy has similarly disputed it. Politifact investigated the matter, before describing it as "incorrect and ridiculous" and rating it a "Pants on Fire" lie. And now other Republicans are being forced to grapple with how and whether to back up their colleague or not.

Nonetheless, Hunter Jr. is sticking by his alarming claim.

But this is hardly the first time a California Congressman named Duncan Hunter went on record, on television, during the heat of a campaign to simply make shit up about scary aliens sneaking across the border to come into our country and undermine our very way of life.

As The BRAD BLOG highlighted in 2007, Hunter Jr.'s father, now-retired Rep. Duncan Hunter Sr. --- who held the same Congressional seat his son holds now --- offered a similarly outrageous and apparently bald-faced lie while pretending to run for President that year.

Then, as now, Republicans were in the middle of attempting to enact disenfranchising Photo ID voting restrictions in the lead up to the election, akin to the very same ones blocked by the Supreme Court in WI and struck down as discriminatory and an "unconstitutional poll tax" by a federal judge in TX last night.

During a PBS-sponsored Republican Presidential debate that year, in response to a panelist's question, Hunter the Elder offered a blatant whopper about non-citizens "being round up [and] herded into the polls" to vote, claiming, with no apparent evidence to back him up whatsoever, that "we've seen that in California" in past elections.

Like Boy Hunter's recent claim on Fox "News", Father Hunter's response to debate moderator, Atlanta Journal-Constitution's Cynthia Tucker, appears to have been simply made up out of (nearly) whole cloth...

--- Click here for REST OF STORY!... ---

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Texas Republicans' polling place Photo ID restriction law has been struck down by a federal U.S. District Court
UPDATE: 5th Circuit stays ruling...
By Brad Friedman on 10/9/2014 8:27pm PT  

In a 147-page ruling [PDF] released Thursday evening, "after hearing and carefully considering all the evidence" presented in the trial which ended on September 22nd, a U.S. District Court in Texas has found that the state's polling place Photo ID law, SB 14, is discriminatory and violates the U.S. Constitution in at least four different ways.

"The Court holds that SB 14 creates an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics and African-Americans, and was imposed with an unconstitutional discriminatory purpose," U.S. District Court Judge Nelva Gonzales Ramos writes in her ruling. "The Court further holds that SB 14 constitutes an unconstitutional poll tax."

The ruling that now permanently enjoins the Texas law, again, follows a long string of federal rulings striking down Photo ID voting restrictions in the state under Section 5 of the federal Voting Rights Act. In 2012, both the Dept. of Justice and a three-judge panel of federal judges found the law to be discriminatory under the Act, and that, based on data supplied by the state themselves, it would serve to disproportionately disenfranchise both poor and minority voters.

The very same law was once again implemented, however, by Lone Star State Republicans just after the U.S. Supreme Court gutted Section 5 of the VRA last year. The current challenge to the law was brought under Section 2 of the Act, as well as the U.S. Constitution itself. Judge Gonzales Ramos found that the discrimination found by previous bodies was plainly still present in the law...

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By Brad Friedman on 10/9/2014 1:20pm PT  

If you didn't make it through our detailed rant on how factually wrong, from top to bottom, rightwing Judge Frank Easterbrook of the 7th Circuit Court of Appeal was in his "horrendous" ruling on Wisconsin's GOP Photo ID voting law (now pending an emergency ruling by the U.S. Supreme Court), the ACLU focused in a press release on the same thing we did --- but in a much shorter version.

Dale Ho, director of the ACLU's Voting Rights Project, said in a statement issued after the ruling: "Permitting this law to go into effect so close to the election is fueling voter confusion and election chaos in Wisconsin, particularly for the many voters who have already cast their ballots. Voters deserve a fair shake, and this last-minute disruption changes the rules of the game in an election that is already underway, and risks locking out thousands of voters."

Then, the ACLU offered this pithy bullet point --- which summarizes our long article (taking apart each of these false claims one by one) --- to underscore the "factual inaccuracies in the appeals panel's ruling":

The Seventh Circuit also could not fathom that so many registered Wisconsin voters lack a photo ID "in a world in which photo ID is essential to board an airplane, . . . pick up a prescription at a pharmacy, open a bank account or cash a check at a currency exchange, buy a gun, or enter a courthouse to serve as a juror or watch the argument of this appeal." Wrong, wrong, wrong, wrong, and wrong again. Wisconsin fliers, patients, bank customers, gun owners, and court watchers do not need photo IDs. Only Wisconsin voters.

Yup. More than 300,000 registered voters in the state --- nearly 10% of the registered electorate --- as determined during the full trial on the merits of the case in the U.S. District Court. That trial resulted in the law being struck down as both unconstitutional and in violation of the federal Voting Rights Act.

Until that ruling was overturned by a 5 to 5 decision by the 7th Circuit, later justified by the Federalist Society's Judge Easterbrook's "horrendous" ruling earlier this week.

And, remember, Republican Governor Scott Walker, who is in a "toss up" re-election contest against Democratic challenger Mary Burke this year, was named the winner of his original 2010 election by just 124,638 votes. That margin is less than half of the number of legally registered voters in the state who are now unlikely to be able to cast a vote at all in this year's election, unless SCOTUS tosses out the ridiculous, falsehood-riddled ruling of the 7th Circuit.

Given the SCOTUS decisions this week in NC and last week in OH, that possibility seems to be growing dimmer by the hour.

Nice to have friends in high places who are willing to just make shit up though, eh Governor?

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By Brad Friedman on 10/9/2014 6:05am PT  

KPFK/Pacifica Radio is on fund drive of late, but with all the breaking election news this week, I couldn't stand to not do a fresh BradCast for my syndicated network affiliates who deserve better than a "Best Of" on a week like this one, as Election Day draws near.

So, since it appears this year's election is likely to be decided in the courts, before we even get to Election Day, here's our non-KPFK "Special Election Coverage Edition" for the affiliates and for you, as produced here at The BRAD BLOG World News Headquarters, rather than at the radio station as it is usually done.

No guests, no callers, just me, lots of information and rants, and an occasionally thought or question from my producer Desi Doyen. Given all of that, and the news this week and last (particularly from SCOTUS), the result may be somewhere between a radio broadcast and a primal scream. But many of my shows seem to amount to that these days.

We covered, among other things, the new GAO report confirming Photo ID voting restrictions depress turnout of African-American and younger voters; SCOTUS overturning appellate courts to allow GOP voter suppression laws in NC and in OH, with a decision on WI's voter suppression law not far behind (thanks to the federal judge who lied about it); Federal court striking down VA's gerrymandered Congressional map (for now); the GOP Attorney General candidate in AR caught committing voter fraud and, a lot of unusually good (and very welcome!) news in our latest Green News Report!

Buckle up, and enjoy! (And please consider donating below to our efforts! Your help is very much needed right now!)

Download MP3 or listen online below...

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