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Latest Featured Reports | Friday, October 31, 2014
GOP v. Registration Nation
50,000 new voter registrations said 'missing' in GA; Millions of voters threatened by faulty GOP 'Crosscheck' database scheme; About that 'non-citizen' voter 'study' at WaPo that all the RWers are talking about...
'Green News Report' 10/30/14
  w/ Brad & Desi
'Shut up!': NJ's Sandy recovery stalled, 2 years later; Weather Channel repudiates climate-denying co-founder; PLUS: 'Not too late': Stark, if hopeful message in UN's climate report...
Previous GNRs: 10/28/14 - 10/21/14 - Archives...
Why Dems Shouldn't Get Too Excited About Encouraging Pre-Election Polls in GA
A very brief reminder of the state's long and disturbing history with 100% unverifiable Diebold touch-screen voting systems...
Touch-Screen Votes Reportedly Flip R to D in MD
Diebold systems have been failing in Maryland since the state was the first to install them (and cover up their failures) in 2002. So why should 2014 be any different?...
'Green News Report' 10/28/14
  w/ Brad & Desi
Climate Change and Election 2014: High stakes at the ballot box on energy, the environment, and global warming...
Previous GNRs: 10/21/14 - 10/14/14 - Archives...
Deja Vu All Over Again.
Again.
Brad's appearance this week on Thom Hartmann's 'Big Picture' TV show, as touch-screen votes starting flipping across the country yet again...
NM 'Motor Voter' Registration Rates Dive Under GOP SoS
Facing tight re-election bid, 'voter fraud' fraudster and Sec. of State Dianna Duran stands to benefit from failed, unlawful new reg process in race against Dem challenger...
NJ's Emergency 'Internet Vote' Scheme After Sandy Failed Disastrously
Aside from being illegal, a new report finds Chris Christie's order resulted in tens of thousands of unauthenticated votes during the 2012 Presidential Election in NJ...
Touch-Screens Flip 'No' to 'Yes' on TN Abortion Measure
After the state GOP repealed the law to move to paper ballots, votes now reportedly flipping again on a controversial Amendment to the state Constitution...
More Trouble With Touch-Screens (2014 Edition)
Votes Flip D to R in Texas, R to D in Illinois - What's happening (again), what it means (again), and what you can do about it (please?)...
Christie: GOP Governors Needs to Control 'Voting Mechanisms' in 2016
NJ Governor and 2016 Presidential hopeful offers interesting reason why Republicans in three key states need to win in 2014...
Justice Ginsburg Republishes TX Photo ID Law Dissent After BRAD BLOG Cites Error
Turns out U.S. Vets' ID can be used to vote under TX' new GOP voting restriction. Official SCOTUS opinion updated...
'Mercy' and 'Restorative Justice'
Sentencing of South Africa's Oscar Pistorius offers stark reminder of concepts missing from U.S. justice system...
'Green News Report' 10/21/14
GOPers still dodging climate Qs; Mountaintop removal coal mining promotes cancer; 2014 on track as hottest year ever; PLUS: LEGO breaks up with Shell...
Everything Old is Texas Again
On the upside though, even if they successfully violate the Constitution by keeping some 600,000 legally registered, disproportionately minority voters from voting this year, they can save some money on signage...
Congresswoman Sets Impeachment Deadline for Federal Judge Mark Fuller
ALSO: Court unseals divorce docs from first marriage, Fuller attny dismisses abuse allegations as 'rhetorical'...
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: 'Now we watch for ways that people will try to stop voters from turning out or from having their votes counted'...
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...
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
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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 10/9/2014 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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Election law expert describes ruling in advance of SCOTUS decision as 'Horrendous'...
By Brad Friedman on 10/6/2014 7:59pm PT  

Let me say this up front, so you don't miss it this time: No, a Photo ID is not required to board an airplane. Period.

Last week, the ACLU filed an emergency appeal to the U.S. Supreme Court in hopes of having the 7th Circuit Court of Appeal's ruling --- which overturned a lower court's injunction on Wisconsin's new Photo ID voting restriction --- stayed in advance of next month's election.

Today (Monday) a rather remarkable new opinion was issued by the 7th Circuit which seems designed to serve as a last-minute assist to the Republican defendants in Wisconsin in their response to the ACLU appeal, as Justice Elena Kagan has required the state's response no later than 5pm on Tuesday. The ruling is littered with blatant falsehoods.

To recap very briefly, how we got to this point, and the astonishing claims in the 7th Circuit's opinion today: the GOP law requiring very specific types of state-issued Photo IDs for voting in Wisconsin was struck down earlier this year after it was found, by U.S. District Court Judge Lynn Adelman, to be both a violation of the U.S. Constitution and the federal Voting Rights Act. His thorough, 70-page ruling [PDF] found that some 300,000 legally registered voters in Wisconsin (nearly 10% of them) lacked the specific type of Photo ID that would now be needed vote under the new restriction. Adelman also determined that the law amounts to a "unique burden [which] disproportionately impacts Black and Latino voters" (who just happen to lean towards Democratic candidates), and that the new restriction on voting would "prevent more legitimate votes from being cast than fraudulent votes."

In mid-September, on appeal, a panel of three Republican-appointed judges on the 7th Circuit tossed out Adelman's permanent injunction with little comment. Amidst ensuing "electoral chaos", as election officials and voters in the state scrambled to make sense of the stunning last minute change to the law, just weeks before the mid-term election, the ACLU appealed for a rehearing before the full 7th Circuit. That hearing resulted in a deadlocked 5 to 5 vote by the judges (one seat on the court has been vacant since 2010), which meant that the partisan 3-judge panel's ruling, restoring the Photo ID restriction after it had been struck down by the lower court, now remains in place.

That brings us to the ACLU's emergency appeal to SCOTUS last week, and Monday's remarkable new opinion issued by the 7th Circuit at the last minute, clearly made to justify the original opinion issued last week which seems to have otherwise landed with a thud. (The court had attempted to compare a "need" to restore new voting restrictions at the last minute to the U.S. Supreme Court's stay placed on the overturning of same-sex marriage bans in several states last year. The dissenters called the court's legal theories "brazen", "shocking" and on its central thesis comparing the WI law to a 2008 landmark case in Indiana, "dead wrong.")

University of California-Irvine's election law professor Rick Hasen described the new opinion issued on Monday as "a nice assist from the 7th Circuit panel to the state of Wisconsin," just in time for the SCOTUS deadline.

In a more detailed follow-up item, however, Hasen, who is usually quite conservative when it comes to concerns about Photo ID voting restrictions, went somewhat ballistic. He uncharacteristically upbraided the 7th Circuit's newly issued ruling --- apparently written by the very rightwing Federalist Society member Judge Frank Easterbrook --- as "Horrendous".

"I rarely just rant in my blog posts," he tweeted, along with a link to his follow-up, "But Judge Easterbrook caused me to blow a gasket."

I know the feeling. I felt the exact same way while reading the new opinion today, particularly the part in which the court offers blatant --- and long-ago debunked --- falsehoods about where and when they claim Photo ID to be "essential", such as when boarding an airplane.

Trouble is, that is a blatant lie. A Photo ID is absolutely not required to board an airplane, no matter how many times proponents of these sorts of laws repeat the false claim. And it's simply remarkable that such a lie (and others akin to it) would be included in a last-minute opinion meant to justify an Appellate Court ruling that is about to be heard by the U.S. Supreme Court...

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

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By Brad Friedman on 10/6/2014 6:35am PT  

I missed this Washington Post article when it first came out late last year. But thanks to too-occasional BRAD BLOG and Washington Monthly contributor D.R. Tucker, I was glad to catch it over the weekend.

It's based on a study by University of Massachusetts at Boston sociologist Keith Bentele and political scientist Erin O'Brien. They looked at restrictive voting statutes enacted over the past several years in all 50 states and the "dominant explanations (and accusations) advanced by both the right and left" in regard to legislation such as polling place Photo ID rules, stricter registration requirements, and other such restrictions on the basic right to vote.

What they found will absolutely NOT stun you in the least...

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

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Case is larger than Wisconsin, presenting a moment of truth for American democracy and at least two Justices on the high court...
By Ernest A. Canning on 10/2/2014 6:06pm PT  

On Thursday morning, the ACLU filed an Emergency Application to Vacate [PDF] with the U.S. Supreme Court to vacate a Sept. 14, 2014 stay of a U.S. District Court ruling that had, before the stay, permanently blocked enforcement of a Republican-enacted, Wisconsin photo ID voting law.

The civil rights organization argues that the emergency ruling is needed to prevent mass disenfranchisement and electoral chaos during the upcoming Nov. 4 election. It asks that the Court "leave that injunction in force pending the Seventh Circuit's issuance of a decision on the merits."

As the District Court judge had found, before his decision was overturned by a partisan ruling at the Appellate Court level, Wisconsin's attempted restriction on the voting rights of legally registered voters poses a real and present danger that some 10% of the Badger State's duly registered electorate will likely be prevented from voting in the rapidly approaching November 4 election.

The District Court's injunction had been stayed as a result of a deadlocked court, in which five bipartisan members of the ten-judge U.S. 7th Circuit Court of Appeal described in a Sept. 29 Opinion [PDF] as a "brazen" and "shocking" disregard of both precedent and the right of the minority to vote. That "shocking" position had been advanced by the attorneys representing Republican Gov. Scott Walker and first accepted by an all-GOP, three-judge panel that had issued an extraordinary, 11th hour decision to vacate the lower court's injunction.

The case now poses an enormous test for at least two key Justices on the high court. Will Chief Justice John Roberts and Justice Anthony Kennedy adhere to the very principles they signed on to when they joined the plurality opinion authored by former Justice John Paul Stevens in the landmark 2008 SCOTUS decision in Crawford v. Marion County Board of Elections? That case upheld Indiana's Photo ID law against a "facial" challenge solely because, in the words of the plurality opinion, there was no evidence before the court at the time to prove anyone would be disenfranchised or that their right to vote would be unduly burdened by the law.

In signing onto Steven's lead opinion, both Roberts and Kennedy agreed that election laws, including photo ID voting restrictions, are subject to the Anderson/Burdick test. That test mandates that courts, on a case-by-case basis, measure a law's potential damage to voters' right to vote against the specific claims made by the state as to why such additional burdens and restrictions are necessary. Given that the state has offered no legitimate reason for potentially disenfranchising as much as 10% of Wisconsin's lawfully registered voters, Roberts and Kennedy cannot refuse to lift the stay without a total abandonment of principle...

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

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While concerned about intimidation, court permits expansion of voter challengers, reduction of early voting in 2014 election; But also offers important interpretation of Voting Rights Act provision
UPDATE: North Carolina requests stay at U.S. Supreme Court...
By Ernest A. Canning on 10/2/2014 10:22am PT  

A bit of encouraging voting news came out of North Carolina on Wednesday, believe it or not. We'll see how long it lasts.

By way of a 2-1 decision and a lengthy Opinion [PDF] on Wednesday, a three-judge panel on the U.S. 4th Circuit Court of Appeal ordered U.S. District Court Judge Thomas J. Schroeder, a George W. Bush appointee, to issue a preliminary injunction to prevent the State of North Carolina from implementing two provisions of a sweeping election "reform" bill.

The court sharply criticized the lower court's ruling that previously allowed the law to move forward as is, despite the likelihood of a disproportionate effect on minority voters in the Tar Heel State.

The BRAD BLOG described the bill in question, when it was passed by the GOP legislature last year, as "the nation's worst voter suppression law since the Jim Crow era." The law includes virtually every restriction on voting --- shortening early voting hours, ending same-day registration, implementation of disenfranchising polling place Photo ID restrictions and much more --- ever attempted by Republicans across the country over the past decade. The legislation was, quite literally, rammed through the state's Republican-controlled legislature, with no period for public comment or debate, just one day after a sharply-divided U.S. Supreme Court gutted the heart of the Voting Rights Act in the Summer of 2013.

The majority opinion at the 4th Circuit was highly critical of Schroeder's analysis in the case. They described it as "flawed," containing "grave errors" and "plainly wrong" on the law. The court found that the District Court judge abused his discretion in refusing to issue a preliminary injunction that would prevent implementation of two provisions of the state's H.B. 589.

In their decision, the three-judge panel's majority also offered significant interpretations of Section 2 of the Voting Rights Act (VRA), that, if ultimately upheld, could minimize the damage wrought by the gutting of Section 5 by the U.S. Supreme Court last year...

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

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By Brad Friedman on 10/1/2014 6:35am PT  

[Now UPDATED at the bottom with "Geraint's" response and our response to it! Enjoy!]

Last night, some silly Rightwing dude calling himself "Geraint Roberts" on Facebook, posted a comment on an item on BRAD BLOG's Facebook page, in which he purported to ask "Questions for American Leftists on the subject of voter ID".

As is our usual, courteous custom (when time allows), we quickly answered his questions.

As most of his "questions" are the same talking points we've seen of late, used by tons of either duped or disingenuous Rightwingers in hopes of justifying GOP voter suppression with polling place Photo ID restrictions, you may find both his questions and our brief answers to them, as posted in full below, interesting and/or helpful...

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

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Vacant seat on court since 2010 likely made the difference; Ruling, unless overturned, could result in re-election victory for Walker; Emergency petition to U.S. Supreme Court likely...
By Ernest A. Canning on 9/29/2014 6:02am PT  

With just weeks to go before mid-term elections and a "too close to call" Gubernatorial contest, disenfranchisement and electoral chaos in Scott Walker's Wisconsin reign supreme. And only the U.S. Supreme Court may now be able to do anything about it.

In a 5 to 5 ruling, an evenly divided, en banc U.S. 7th Circuit Court of Appeal has issued a Cursory Order [PDF], summarily denying an ACLU Petition for an Emergency Rehearing to put the brakes back on the state Republicans' Photo ID voting restriction in advance of the November election.

The ACLU petition followed on the recent extraordinary ruling by three Republican appointees to the federal bench that had vacated a permanent federal court injunction of the law. That injunction, until it was lifted by the three-judge 7th Circuit panel just weeks ago, prevented Wisconsin from enforcing a Photo ID voting law which a U.S. District Court judge had found would likely result in the disenfranchisement of up to 300,000 perfectly lawful registered voters who lack the now-requisite, state approved photo IDs.

As we recently reported, the ACLU, in its emergency petition, argued that it will be virtually impossible for the Badger state's Department of Motor Vehicles to process the number of official state photo IDs that would be required to insure that every lawfully registered voter who desires to vote would get the opportunity to vote in the upcoming Nov. 4 election. Moreover, thousands of absentee ballots that had already been mailed prior to the 7th Circuit panel's lifting of the injunction may not be counted since they did not include notice of the new rules requiring that they must be accompanied with copy of the voter's photo ID.

Following the 5 to 5 decision of the full 7th Circuit (one seat remains vacant, more on that below), the ACLU and other plaintiffs' only recourse for now will be an emergency petition to the U.S. Supreme Court. Given the deadlock by the 7th Circuit and reasoning applied not only by the original U.S. District Court Judge in this case, and also by a 6th Circuit panel in an Ohio early voting case, as well as by six (6) of the (9) U.S. Supreme Court Justices who took part in a landmark 2008 Photo ID decision --- all decisions which were inconsistent with the reasoning applied by the three-judge 7th Circuit panel in the Wisconsin case, which has now been essentially upheld --- a challenge at the U.S. Supreme Court has at least a reasonable prospect of success.

If you're confused, read on. We'll help you make sense of this...

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

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Repubs file 'Emergency Petition for Rehearing' before full court...
By Ernest A. Canning on 9/26/2014 7:48am PT  

Yes, Ohio Republicans are still barred from limiting the early voting period and still required to restore the days and hours they had, yet again, tried to cut off. At least they are barred, again, for now.

On Wednesday, a unanimous three-judge panel of the U.S. 6th Circuit Court of Appeal issued a 50-page ruling [PDF] in which it upheld a lower court's preliminary injunction from three weeks ago that prevented Ohio’s Republican Secretary of State John Husted from implementing a Feb. 19, 2014 GOP-engineered statute, and his own further Directive, which would have drastically reduced the number of early voting days and hours and eliminated same-day registration and voting during the first five days of a previously established 35-day period of early voting in the Buckeye State.

Reflecting the fact that he anticipated an adverse ruling, Ohio's Republican Attorney General Michael DeWine filed an Emergency Appeal for a Rehearing [PDF] by the full 6th Circuit, on the very same day the three-judge panel handed down their decision. His appeal presents essentially the same arguments that have now, repeatedly, been rejected by the courts, first in a 2012 case, Obama for America v. Husted, and now, again, in Ohio State Conference of the NAACP v. Husted...

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

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'It is not only unreasonable, but also mathematically, logically, and physically impossible that by November 4, hundreds of thousands of voters will learn about the need for ID'...
By Ernest A. Canning on 9/18/2014 1:30pm PT  

With "electoral chaos" said to be reigning in Wisconsin following last week's extraordinary ruling by three Republican appointees to the federal bench, the American Civil Liberties Union (ACLU) has filed an Emergency Petition for Rehearing En Banc [PDF] before the full U.S. 7th Circuit Court of Appeal.

The ACLU is seeking the immediate reinstatement of the District Court's injunction of the state Republicans' Photo ID voting law. The lower court had previously found the statute to be, in no uncertain terms, in violation of both the U.S. Constitution and the federal Voting Rights Act.

When they later file briefs, the ACLU and other attorneys representing the plaintiffs in Frank v. Walker will undoubtedly go into greater depth to explain how the three GOP members of the 7th Circuit panel erroneously interpreted the U.S. Supreme Court's 2008 decision in Crawford vs. Marion County Elections Board and how the WI law, "Act 23", is "materially different from" the Photo ID law passed by Indiana Republicans and approved by SCOTUS in 2008.

The emergency filing, however, zeroes in on what the ACLU describes as chaos and disenfranchisement that will likely be caused by an "extraordinary decision" last week, which, they say, seeks to effectuate a "slapdash implementation" of a radical and complex change in the Badger State's election law just seven weeks prior to the November 2014 general election...

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

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Republican voter suppression laws getting huge boost from GOP jurists in WI and NC, where hundreds recently disenfranchised...
[Now UPDATED at bottom of article with additional info from the court order]
By Brad Friedman on 9/12/2014 3:51pm PT  

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

Wisconsin's Republican Gov. Scott Walker notched a huge victory today at the U.S. 7th Circuit Court of Appeals. The ruling could very well result in the controversial Governor's re-election this November --- at the expense of untold thousands of legally registered voters who may now not be able to vote at all this year.

This morning, a three-judge panel heard Walker's appeal to the federal ruling that previously struck down his Photo ID voting restriction law. By afternoon, almost immediately following the hearing, the three GOP-appointed federal judges (a Reagan appointee, and two George W. Bush appointees) restored the restrictive voting measure [PDF] in advance of the November general election.

As reported by the Journal Sentinel:

The move by the U.S. 7th Circuit Court of Appeals clears the way for the state to implement the law for the Nov. 4 election, though it does not stop the ongoing appeal over whether the measure is unconstitutional.

"The state of Wisconsin may, if it wishes (and if it is appropriate under rules of state law), enforce the photo ID requirement in this November's elections," the unsigned two-page order reads.

Even before the ruling came down, reports from the courtroom earlier today had suggested that it wasn't looking good for those fighting for voting rights there, and that the judges might even order the previously struck-down law to be implemented before this year's mid-term elections, where Walker faces a neck-and-neck re-election contest with his Democratic opponent, Mary Burke.

Instituting the law at this late date, the plaintiffs argued, would cause extraordinary confusion. "I think it would be extremely irresponsible for a court to do something that would so change the landscape not only for the (state Division of Motor Vehicles) but for election officials," Larry Dupuis, legal director of the American Civil Liberties Union of Wisconsin told the Journal Sentinel after today's hearing.

UC Irvine election law professor Rick Hasen noted the same earlier today, before the ruling had come down, explaining why it would be "a very bad idea" to implement this law "just before the election."

Making matters worse, and more confusing for voters and elections officials, the WI GOP's Photo ID voting restriction covers absentee ballots as well as polling place voting, unlike most similar laws enacted by Republicans in other states, where only in-person voting is effected. But, according to the Journal-Sentinel (in a report now replaced online by an updated version on the court's late ruling), the fact that thousands of absentee ballots have already gone out to voters this year without an explanation on them that Photo ID needs to be supplied when they are returned, could result in even more disenfranchisement in the Badger State...

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

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By Brad Friedman on 9/8/2014 5:06pm PT  

We've written about this problem for years here and, indeed, have spent no small part of those years repeatedly spanking papers like the New York Times for being amongst the worst repeated offenders.

Fairness is one thing. Balance, on the other hand --- particularly in cases of known, independently-verifiable, well-established facts on one side of an issue but not on the other --- is largely bullshit meant to do little more than level an unlevel playing field for bad guys. That's why Fox "News" loves the motto "Fair and Balanced", because it gives them an excuse to forward bullshit disguised as "balance", as if it was only fair to counter an established, well-supported (if not Right-leaning) view point. Never mind if that established view point has mountains of evidence and independently verifiable facts to support it. If those facts don't agree with ideological Republican dogma, they must be "biased" and "unbalanced".

"Reality has a well-known liberal bias," Stephen Colbert once famously quipped.

The New York Times has a long history of falling for, and forwarding in "the paper of record", false balance produced by those on the Right. Often, as was the case when The BRAD BLOG outed the James O'Keefe ACORN "Pimp" Hoax for being a complete fraud in 2010, the paper has sided simply with the word of Rightwingers, actual evidence-before-their-eyes be damned. Longtime readers will likely remember Greg Brock, the Times' Senior Editor for Standards(!), telling us that falsely reporting O'Keefe wore a "pimp costume" into ACORN offices (he never, ever did) was perfectly appropriate, because, as Brock explained to us in email at the time, "Our article included that description because Mr. O'Keefe himself explained how he was dressed --- and appeared on a live Fox show wearing what HE said was the same exact costume he wore to ACORN's offices."

"If there is a correction to be made," Brock incredibly added, "it seems it would start with Mr. O'Keefe himself. We believe him. Therefore there is nothing for us to correct."

After we took our complaint, and the independently verifiable facts to support them, to Clark Hoyt, the New York Times Public Editor at the time, he embarrassingly backed up Brock, despite the actual hard evidence that existed --- such as an independent investigative report from a former prosecutor and the videos themselves --- to the contrary. His remarkable defense of that egregious and damaging misreporting, repeated over a series of articles, earned Hoyt an infamous depiction as an actual "weasel" by cartoonist Tom Tomorrow. Eventually --- some six months later --- Hoyt admitted that both he and the paper were wrong, but not before the false reporting led to irreversible damage to ACORN, which had been long-vilified by the Right for little more than the crime of legally registering millions of largely low- and middle-income voters to participate in their own democracy.

So it's refreshing, finally, to see that the Times' current Public Editor, Margaret Sullivan, is not only not falling for the same old crap, she's actually attempting to hold the paper accountable for inappropriately advancing false balance on Rightwing stalking horse issues like pretend GOP claims about voter fraud and global warming denialism. And she's doing so repeatedly...

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

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GUEST: Attorney and BRAD BLOG legal analyst Ernest A. Canning...
By Brad Friedman on 9/3/2014 9:24pm PT  

On Wednesday, U.S. District Court Judge Martin Feldman became the first federal judge since the U.S. Supreme Court's 2013 Windsor decision to uphold a state marriage-equality ban. But it's hardly the first questionable ruling by Feldman.

On this week's KPFK/Pacifica Radio BradCast I was joined by BradBlog.com's legal analyst Ernest A. Canning to discuss his 2010 call for Feldman's impeachment after his ruling that lifted the temporary federal moratorium on off-shore drilling following the BP oil disaster in the Gulf. Feldman, it turns out, failed to disclose his many conflicts of interest in the case or recuse himself at the time.

(And speaking of corrupt federal judges with lifetime appointments who need to be impeached immediately, please do not forget this one!)

I also talked with Ernie about his belief that Photo ID voting restrictions will be struck down by the federal court in Texas, and then at the U.S. Supreme Court.

Other issues also covered on this week's show: rape and murder convictions tossed out after 30 years for two NC men on death row, thanks to DNA evidence; the CA 'recount' reform bill blocked by state Republicans after the close election in state history; the new report finding Citizens United has directly resulted in more Republicans elected to office; and much more, including, as usual, Desi Doyen and the latest Green News Report...

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

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By Ernest A. Canning on 8/25/2014 5:32pm PT  

Trying to make sense of all the different court rulings in Wisconsin on their partisan Photo ID voting laws? We'll try to unpack that for you.

The short version: Two different state trial courts found the GOP's Photo ID restriction on voting to be a violation of the state constitution's right to vote. A federal trial court (aka U.S. District Court) similarly found the law to be a violation of various parts of the U.S. Constitution.

The partisan WI state Supreme Court recently overturned the decisions in the two state cases --- literally re-writing the law as they did so (yes, actually legislating from the bench on behalf of Republicans). Wisconsin's Republican Governor Scott Walker, whom recent polls suggest is in a virtual dead heat with his Democratic challenger Mary Burke, then asked the federal appellate court to immediately overturn the U.S. District Court's injunction, which still blocks implementation of Wisconsin's Photo ID law.

Last week, the federal appellate court turned down Walker's request that it immediately overturn the federal injunction. Wisconsin election officials are, at present, still barred from enforcing the controversial law in the Badger State.

Specifically, last week, the U.S. Seventh Circuit Court of Appeal issued an order [PDF] in which it refused an emergency stay of the federal court decision permanently enjoining Wisconsin's partisan Photo ID law prior to oral arguments on the merits of the state's federal appeal. Yes, the state not only appealed the adverse ruling in the two state cases (successfully), but they also appealed the initial federal court decision as well.

The permanent injunction in federal court was issued earlier this year by U.S. District Court Judge Lynn Adelman who, in a landmark 90-page decision and order [PDF] following a full trial, found that the Republican-enacted Photo ID law violated the U.S. Constitution and that it was "absolutely clear" that it "will prevent more legitimate votes from being cast than fraudulent votes."

Last month, following the issuance of the two decisions by the sharply divided and extraordinarily partisan Wisconsin Supreme Court which lifted the state court injunctions in two different state cases --- Milwaukee Branch of the NAACP vs. Walker [PDF] and League of Women Voters of Wisconsin v. Walker [PDF] --- Walker filed his Expedited Motion for a Stay Pending Appeal of the Permanent Injunction [PDF] in the federal appellate court.

In it's ruling last week, the 7th Circuit upheld the portion of the Wisconsin Supreme Court decisions which changed the law by directing the state's Department of Motor Vehicles to issue Photo ID cards sans requiring documents, such as birth certificates, for which the elector had previously been required to pay a fee to a government agency. That issue, however, is only one of the reasons why U.S. District Court Judge Adelman initially found the polling place Photo ID law constitutionally infirm. While we will have to await a final decision --- and even that decision will, no doubt, make its way to the U.S. Supreme Court eventually --- the current ruling issued last week suggests that the 7th Circuit did not see that one single issue as sufficient to immediately stay Judge Adelman's permanent injunction in federal court.

The 7th Circuit will hear oral arguments on September 12 --- less than two months prior to the November General Election. It is likely the 7th Circuit will expedite its decision. Stay tuned!

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By Brad Friedman on 8/17/2014 12:09pm PT  

Just like the headline says, from my interview on Friday with David Pakman...

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KS SoS Kris Kobach, GOP 'voter fraud' fraudster bags another...
By Brad Friedman on 8/15/2014 6:30am PT  

Way to go Kansas Sec. of State Kris Kobach (R)! You caught another one!

Last Tuesday, Beth Hiller, a 97 year-old nursing home resident from Topeka, Kansas, boarded a shuttle along with several other residents of the nursing home's health care unit. It was a difficult process for many of the residents, who had limited mobility and depended on wheelchairs or walkers in order to move around. Yet Hiller and her fellow residents also boarded that shuttle intending to exercise one of their most important rights as citizens --- the shuttle was there to take them to a nearby polling place so that they could vote in a primary election.

When Hiller arrived at the polls, however, she was told that she could not exercise her right to vote after all. Hiller was turned away because she did not have a photo ID, and Kansas has a strict voter ID law that disenfranchises voters without identification...

See the full story from Ian Millhiser here. Hiller wasn't allowed to vote by provisional ballot, though it likely wouldn't have helped either her or the other elderly voters on the same bus who were turned away that day.

We've covered Kobach's long, embarassing, shameful, dishonest and continuing efforts to keep certain voters from being able to vote, by lying about "voter fraud" to Kansans, for some time.

As the Topeka Capital-Journal reported the story of what happened to Hiller and the other senior citizens who lost their voting rights in Kansas during the recent primary, "Kobach spearheaded the ID law and a proof-of-citizenship requirement to register, saying the measures are necessary to prevent voter impersonation and protect the state from 'alien' voters."

Of course, despite his pretend claims and his 2010 SoS campaign promise to "STOP VOTER FRAUD", Kobach has been unable to find any of it. But, hey, at least he's keeping some of the oldest people in his state from being able to participate in their "representative democracy" at all! That's gotta count for something!

Jerk.

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