Last night on Thom Hartmann's Big Picture TV show...

If you missed either of the stories mentioned above at The BRAD BLOG, our coverage of the U.S. Supreme Court allowing GOP voting restrictions to move forward in OH is here, and our disturbing coverage of longtime GOP operative Nathan Sproul's threat to take legal action against us for reporting accurately on his involvement in the 2012 GOP Voter Registration Scandal (and other similar scandals going back to 2004) is here.

And, again, we totally thank you in advance for any financial support you can offer to help us keep going. Monthly subscriptions are particularly appreciated. We did not receive $10 million from the Republican Party (or any party) as Sproul has over the past decade. You are our only support. Please take 30 seconds to use the table below to help us continue our work. We need your support now more than ever...

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Bad news for voters in the Buckeye State. Good news for partisan Republicans who prefer to win elections by making it more difficult for voters to vote.

In a 5 to 4 decision, the Rightwingers on the U.S. Supreme Court have now overturned the 6th Circuit's earlier ruling that had blocked Ohio Republicans' attempt to limit early voting by shortening the Early Voting period by one week, eliminating the week where voters could both register and vote on the same day, and by doing away with Sunday voting before the election...

From UC Irvine election law professor Rick Hasen...

See Hasen's coverage for his analysis of what happened here, and why he believes it was a mistake to even challenge the OH Republicans' new restrictions on early voting. Please note: We don't necessarily agree or disagree with his analysis, at this time. But you can read it and decide for yourself.

Our most recent coverage of the 6th Circuit Court of Appeal's decision to uphold the lower District Court decision blocking the GOP voting restrictions is here.

The GOP in Ohio has been attempting to shorten and otherwise restrict Early Voting in the state ever since reforms put in place in 2005 --- in response to the embarrassingly disastrous 2004 Presidential Election there --- worked well enough that most of the problems voter had voting had disappeared by 2008. As we have documented over the years, every time they tried to limit those successful reforms, the courts had blocked them from doing so. They did so again this year, until today's 5 to 4 ruling by the Supremes.

It should also be noted that it is, arguably, because John Kerry failed to keep his promise and fight to make sure every vote was counted in Ohio's contested 2004 election, that the U.S. Supreme Court has now gone so hard to the right, with the addition of Justices Roberts and Alito during George W. Bush's second term.

With today's SCOTUS ruling, and the bad news from the partisans on the 7th Circuit concerning WI Republicans' draconian Photo ID voting restrictions, as our legal analyst Ernie Canning detailed this morning, it seems many of this year's most important elections may be won, or lost, in the courts --- before Election Day even gets here.

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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...

Remember that Republican state Senator from Georgia who recently objected to early voting on the Sunday before the election in DeKalb County because, as he was caught saying in email, it was an area "dominated by African American shoppers and it is near several large African American mega churches"?

Sen. Fran Millar vowed at the time to "eliminate" that Sunday voting, which he described as "an election law loophole". He then doubled-down, after the media picked up on it, by saying that he actually wasn't against all of those black people voting, it was just that he "would prefer more educated voters than a greater increase in the number of voters."

Well, now the same type of vote suppression jackassery has spread over to Bibb County, Georgia, where, as in the rest of the state, changing demographics continue to squeeze white Republicans and their longtime political hold. Can't have that. So now, Republican members of the county election board have knocked down a proposal for Sunday voting, because, as Zaid Jilani described it at Alternet, it "would mean more...voting".

The Macon-Bibb County Commissioners had already approved the $3,000 it would cost to have the extra day of voting, but the proposal was defeated 3 to 2 this week nonetheless, with the Election Board's Dems both voting in favor. According to WMAZ, here's how one GOP member of the boared explained it [emphasis added]:

Well, we'd hate for "every last vote" to be cast in a democracy. That'd be "a partisan thing"! Glad to see the Bibb County Election Board is there to keep that from happening!

Jim Crow rising --- and smiling --- in The South.

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...

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...

Though I am not being paid to play, I will be speaking for free a few minutes after the 7:50p showing of documentary filmmaker John Wellington Ennis' latest years-in-the-making masterwork, Pay 2 Play: Democracy's High Stakes, on Wednesday (9/17) out here in L.A.

I'm also in the film, but don't let that keep you from coming if you're anywhere near the 'hood. As usual, our friend Mr. Ennis (director of one of my favorite Election Integrity films, FREE FOR ALL!: One Dude's Quest to Save Democracy - click that link to watch the great trailer!) has put together an ingenious, enlightening, very funny and very frustrating portrait of our post-Citizens United democracy and what the hell there is left to do about it. It also features some fantastic stories and terrific voices, many of whom you may be familiar with.

So if you're in the L.A. area on Wednesday night, please stop by for the screening and say hey afterword! Here's the deets...

[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:

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...

Just another reminder for those of you who have been stooged into believing that Republican attempts to restrict Early Voting (or any voting, for that matter) has anything to do with anything other than keeping Democratic-leaning voters from being able to conveniently participate in their own democracy...

"Election law loophole" = voting opportunity. For black people. Gotta close that "loophole".

You'll note Millar doesn't call, in response to the addition of early voting in DeKalb, for more voting opportunities in districts he believes would be favorable to Republican voters. His response, instead, is to suppress the vote of perceived political opponents. Period.

Sadly, but factually, that's what the Republican Party now amounts to. Maybe someone can try and let the the New York Times know.

UPDATE 9/10/2014: In response to criticism over his comments, Millarclarifies keeps digging and doubles down, by responding:

For the record, Fullar and his voters --- the white ones that he is happy to see vote --- are more than likely Fox "News" viewers, the most misinformed news consumers in the nation, according to poll after poll...

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...

This statement from the ACLU follows today's federal court ruling [PDF] restoring Early Voting hours --- yet again --- in Ohio in advance of the November mid-term elections:

The ruling includes a temporary injunction on the Republican-enacted state law and on additional new restrictions on voting hours implemented by its Republican Sec. of State John Husted, finding the regulations are in violation of both the Equal Protection Clause of the U.S. Constitution's 14th Amendment, as well as Section 2 of the Voting Rights Act which bars racially discriminatory voting laws in all 50 states.

"Ohio keeps trying to cut early voting and the federal courts keep striking the cuts down," writes The Nation's Ari Berman in response to today's ruling.

It's true. This has been going on for years. State Republicans, whether in the form of the legislature or their Republican Sec. of State in Ohio, keep attempting to make it harder to vote, and the federal court keeps ruling those attempts to be in violation of federal law. It has happened over and over again over the past several years.

Berman notes, in regards to today's ruling, that "In 2012, 157,000 Ohioans cast ballots during early voting hours eliminated by the Ohio GOP" and that African-American voters in the state "voted early in person at a rate over twenty times greater than white voters," according to the Lawyers' Committee for Civil Rights.

The expansion of early voting in Ohio was implemented following the disastrous 2004 elections there when many voters --- largely in minority areas --- were forced to wait for 6 hours or more to cast a vote under restrictions implemented by then partisan Sec. of State and co-chair of Bush/Cheney '04 Inc., J. Kenneth Blackwell. The last ballot cast in the Buckeye State that year, when the state's electoral votes would determine the Presidency, was around 2am on Wednesday morning at Kenyon College, where some students had waited on line as much as 10 hours to vote.

The new GOP restrictions cut many of the additional voting opportunities instituted in 2005, which had otherwise led to a fairly smooth election under Democratic Sec. of State Jennifer Brunner in 2008, as she described to us during an exclusive interview in 2012.

Early Absentee voting numbers had doubled between 2004 and 2008 after the expansion of voting hours, as a quick glance at the numbers starkly demonstrates...

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]...

Earlier this summer, a statewide primary election and an aborted recount that followed it, revealed a pretty enormous problem with California's recount laws. Several enormous problems, actually. As we reported in July, those problems revealed, among other things, that it's now "a great time to steal an election in California."

The June 3rd primary race for Controller, the state's chief financial officer, was the closest statewide contest in history. The primary to determine who would go on to compete in the general election was ultimately decided by just 481 votes [PDF] out of well over 4 million ballots cast.

In response, Democrats in the state legislature took quick action before last week's end of the legislative session to try and mitigate at least some of the gaping problems, at least temporarily, as revealed by the mess in advance of the November general election.

Republicans have now blocked that effort...

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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