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Latest Featured Reports | Monday, October 20, 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...


With Brad Friedman & Desi Doyen...
By Desi Doyen on 10/16/2014 3:36pm PT  


 

IN TODAY'S RADIO REPORT: Rep. Paul Ryan backs away - sort of - from outright climate science denial; Have we reached peak climate change denial?; Turns out natural gas isn't a bridge fuel to a low-emissions future; PLUS: Did a U.S. defense contractor really invent a compact nuclear fusion reactor? Separating fact from fiction... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Appalachian transition: coalfield residents must help themselves to diversify; Green groups sue over EPA GMO pesticide approval; Hanford nuclear workers reveal shoddy practices; Fact and fiction on the Arctic methane bomb; Risks of cheap water; Los Angeles mayor orders water cuts of 20% amid historic drought; Can Africa bypass the pollution phase of development?; Russian natgas shutdown would not hurt Europe; Autism again linked to air pollution ... PLUS: In Wisconsin, Dark Money Got A Mining Company What It Wanted... and much, MUCH more! ...

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Case against GOP Photo ID voting law in Lone Star State is very different than recent cases before the Court, plaintiffs argue
UPDATE: Texas responds, blames 'emergency' on plaintiffs' rush to have case tried before the election...
By Ernest A. Canning on 10/16/2014 1:09pm PT  

Attorneys for U.S. Congressman Mark Veasey (D-TX) and other plaintiffs have filed an Emergency Application[PDF] with the U.S. Supreme Court, seeking to restore a lower court ruling that struck down the law last week as intentionally discriminatory and an unconstitutional poll tax. That initial U.S. District Court ruling was subsequently stayed by the 5th Circuit Court of Appeals earlier this week.

Veasey's application was followed by the filing of another Emergency Application [PDF] by the United States Department of Justice (DoJ). Both were filed with Justice Antonin Scalia who oversees the 5th Circuit. Scalia has instructed the DoJ to respond by 5p ET on Thursday.

Both applications to SCOTUS were filed in the case of Veasey v. Perry in which a U.S. District Court, after a full trial on the merits, imposed a permanent injunction, preventing the State of Texas from implementing the nation's strictest photo ID law, Senate Bill 14 (SB 14).

The District Court determined that, if implemented, SB 14 could disenfranchise more than 600,000 registered Texas voters who are disproportionately black and Hispanic. The District Court not only ruled that SB 14 violated the U.S. Constitution, the Voting Rights Act (VRA) and amounted to an unconstitutional poll tax, but expressly found that it was passed as the result of deliberate and willful racial discrimination.

The emergency petitions ask that the Supreme Court lift the U.S. 5th Circuit's 11th hour stay of the injunction so as to prevent electoral chaos and confusion in the rapidly approaching November election. In the first petition, the Veasey plaintiffs argue that what the 5th Circuit did in this case --- stay a permanent injunction that was issued on the basis of a District Court finding of intentional discrimination after a full trial on the merits --- was "virtually unheard of" in the annals of American jurisprudence.

Plaintiffs contend that the 5th Circuit misapplied a leading Supreme Court case, Purcell v. Gonzalez [PDF] (2006) pertaining to the issuance of injunctions on the eve of a pending election. That case does not, as the 5th Circuit ruled, mandate a per se rule that always precludes changing a law immediately prior to an election. The DoJ contends that no such per se "rule exists, and the court of appeals clearly and demonstrably erred in failing to apply the established stay factors."

Instead, plaintiffs forcefully argue, "The Purcell principle", mandates that an appellate court give deference to the factual findings of the District Court. The 5th Circuit, they add, erred by ignoring the requirement of Purcell that Texas prove it would likely succeed on an appeal. The 5th Circuit also erred, they say, because it failed to balance the state's allegations about possible confusion that might ensue from implementing pre-SB 14 law against the "actual" confusion, chaos and mass disenfranchisement that the District Court, based upon uncontested evidence, concluded would occur if SB 14 is enforced in the November 4th election (early voting begins in TX on October 20th).

"Imagine that a state passed a law, six months before an election, stating that 'Negroes cannot vote,'" the plaintiffs write. "It would be ludicrous for an appellate court to turn around and stay that injunction because of some per se rule that election laws can never change immediately prior to elections"...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 10/14/2014 3:54pm PT  


 

IN TODAY'S RADIO REPORT: Coal wins Kentucky's U.S. Senate debate!; Pentagon warns climate change an immediate threat to national security; East Coast cities could see daily flooding from rising seas within 30 years; Wind power the cheapest source of energy; PLUS: It's official: September 2014 was the hottest September on record globally (Don't tell Fox 'News'!)... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Record Antarctic sea ice a 'warning bell'; Australia PM: "Coal is good for humanity"; Sea level rising fastest in 6k years; BPA manufacturers releasing into the air; Renewables driving power generation in Africa; Emissions cuts will fuel 'boom' in Midwest jobs; Louisiana racing to reclaim vanishing lands; Oil tankers spill into Seattle waters... PLUS: Can Progressives, enviros, and scientists save capitalism from the pro-collapse polluters? ... and much, MUCH more! ...

--- 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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Supremes grant last minute reprieve to Badger State democracy...
By Ernest A. Canning on 10/9/2014 8:56pm PT  

In a late 6 to 3 ruling, just weeks before Election Day, and coming just minutes after the release of very good news in regard to a similar law in Texas, the U.S. Supreme Court has now blocked Wisconsin's Photo ID voting law for this November's election.

A 1-page order [PDF] vacates a 7th Circuit Court of Appeals stay of the U.S. District Court’s permanent injunction that had, until blocked by the Appeals court, prevented Wisconsin from enforcing its Republican-enacted photo ID law.

SCOTUS has now restored the right of some 300,000 duly registered Badger State voters to take part in the November 4, 2014 election. Many of those lawfully registered voters would have lost that right, simply because they lacked a narrow form of a state-approved photo ID.

According to the District Court Judge Lynn Adelman's April ruling after the trial, it was "absolutely clear," based on evidence and expert testimony, that Wisconsin's law would have "prevent[ed] more legitimate votes from being cast than fraudulent votes."

Thursday's SCOTUS order is likely to come as a disappointment to WI's Republican Gov. Scott Walker who has regarded the Photo ID law as a top priority in advance of his "toss up" re-election contest against Democratic challenger Mary Burke. Though 300,000 registered voters --- 10% of the electorate in WI --- might have been disenfranchised by the law, but for tonight's ruling by the Supremes, Walker was named the winner of his initial 2010 election by just under 125,000 votes...

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

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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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Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...

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Dems use report to correctly cite need to fix part of Voting Rights Act broken by SCOTUS, but here's what they also aren't telling you...
By Brad Friedman on 10/8/2014 2:40pm PT  

A new 206-page report from by the non-partisan Government Accountability Office [PDF] finds that Republican-enacted polling place Photo ID restriction laws in states such as Kansas and Tennessee resulted in lowered voter turnout among African-Americans as well as younger and recently-registered voters.

The study will likely serve as yet more important evidence to rebut the disingenuous, cherry-picked claims by Republicans over the years that Photo ID voting restrictions do not affect minority participation.

As The Hill reports today...

Voter ID laws helped contribute to lower voter turnout in Kansas and Tennessee in 2012, according a new study by the Government Accountability Office.

Congress's research arm blamed the two states' laws requiring that voters show identification on a dip in turnout in 2012 - about 2 percentage points in Kansas and between 2.2 and 3.2 percentage points in Tennessee. Those declines were greater among younger and African-American voters, when compared to turnout in other states.
...
"This new analysis from GAO reaffirms what many in Congress already know: Threats to the right to vote still exist," [Senator Patrick Leahy (D-VT)] said in a statement. "That is why Congress must act to restore the fundamental protections of the Voting Rights Act that have been gutted by the Supreme Court."

The report, according to Leahy's full statement, "also found scant evidence of voter fraud that the new laws that ostensibly are designed to discourage."

I'm on a number of deadlines today, so haven't gotten to peruse the actual report yet, but let me note a quick point or two, based on The Hill's reporting on the GAO study, which was requested by Democratic Senators Leahy (VT), Durbin (IL), Schumer (NY), Nelson (FL) and independent Sanders (VT), all of whom are co-sponsoring legislation to fix the part of the Voting Rights Act that the U.S. Supreme Court gutted last year in its notorious 5-4 decision...

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

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By Brad Friedman on 10/7/2014 1:21pm PT  

Well, here's some good breaking news from the federal courts today, for fans of democracy anyway...

One of the most aggressive gerrymanders in the country is unconstitutional, according to a divided three-judge panel in Virginia. In 2012, President Barack Obama defeated Republican Mitt Romney by three points in the state of Virginia. Nevertheless, Republicans control eight of the state's eleven congressional districts. Yet, according to an opinion by Judge Allyson Duncan, a George W. Bush appointee, the maps that produced this result are unconstitutional and the legislature must "act within the next legislative session to draw a new congressional district plan."

Although this will permit the 2014 elections to be run under the old maps, new maps must be in place by 2016 (assuming, of course, that this decision is not reversed on appeal). As Virginia currently has a Democratic governor, Gov. Terry McAuliffe will be able to veto any plan which is unfair to his fellow Democrats, while the GOP-controlled legislature will no doubt push for a map that serves Republican interests. Because the current maps favor Republicans so strongly, however, the likely result will be maps that are much more favorable to Democrats.

See the rest of Ian Millhiser's coverage for much more, including his calculus that new, appropriately drawn Congressional maps in VA will likely result in a Democratic pick-up of 2 to 3 seats in the U.S. House of Represenatives in 2016.

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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...

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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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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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ALSO: Two Alabama Congresswomen, a Democrat and a Republican, call for accountability, possible impeachment by the U.S. House...
By Brad Friedman on 9/17/2014 12:33pm PT  

On Tuesday night's All In with Chris Hayes on MSNBC, at the end of a segment on the NFL's growing domestic violence controversies, he finally delved into the outrageous case we've been reporting in great detail since early August, when Alabama's federal U.S. District Court Judge Mark Fuller was arrested and charged with beating his wife bloody in an Atlanta hotel room.

Hayes plays audio from a portion of the 911 call from Fuller's wife, including the segment in which it sounds as if she is being repeatedly struck, as later cited by the 911 dispatcher. "Please help me. He's beating on me," she is heard crying afterward.

Hayes' brief segment on the Fuller wife-beating case --- with a promise to cover the story more in the future --- begins just after the 4:00 minute mark in the video below...

Atlanta Police say that when they responded to desperate 911 call from the Ritz-Carlton on the night of August 9, the wife's face and legs were bloodied and bruised, and that it appeared she had been dragged around the room by her hair. The room smelled of alcohol, but Judge Fuller appeared to otherwise be unscathed.

Several weeks after his arrest, Fuller took a plea deal in exchange for a pre-trial diversion program that will allow him to avoid prosecution and have his record entirely expunged after completion of once-a-week domestic violence counseling for 24 weeks. That, despite indications two year ago that he had also beaten his previous wife and had both drug and alcohol problems.

Unless he resigns or is impeached by the U.S. Congress, the George W. Bush-appointee to the federal bench in the Middle District of Alabama will continue to serve out his lifetime appointment for $200,000/year.

Two Congresswoman from Alabama, a Republican and a Democrat, have now called for accountability in the case of Fuller. They are the first members of Congress to speak out on the matter, despite outrage expressed from a number of elected officials in both the House and Senate over the NFL/Ray Rice domestic abuse scandal...

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

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By Brad Friedman on 9/15/2014 11:49am PT  

If you're anything like me (and I hope you're not), your inbox is now deluged by little more than candidates and political parties repeatedly begging you --- over and over again --- to give them money so they can add your drop in the bucket to their huge pile of corporate "donations".

We, on the other hand, receive no corporate donations or support from major (or even minor) political parties. We survive only thanks to the generous support of readers. And we really do work hard to spend our time clearing away the noise and clutter of today's "LOOK AT ME!" corporate media debacle in our now 10+ year quest to let you know about stuff that actually matters.

If you'd like your giving, whatever you may have to spare for a good cause, to go someplace where it really makes a difference, please consider a contribution to The BRAD BLOG. Unlike the politicos who pretend to give a damn about you and pretend to need your $5, $20, $50 or $100 donations, we really do need your help --- really --- in order to survive through the 2014 mid-terms and beyond.

If you can, I hope you'll help. The form below allows you to send support in about 60 seconds time.

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Vote against ending debate underscores importance of 2014 elections; Rand Paul, Koch Brothers cut from same cloth...
By Ernest A. Canning on 9/9/2014 7:35am PT  

On Monday, the U.S. Senate voted to move forward with a final vote on a joint resolution to propose an amendment to the U.S. Constitution that would overturn the Supreme Court's infamous Citizens United decision.

The 79 to 18 vote to end debate and move on to a final vote on the measure included 25 "yes" votes from Republicans. However, The Hill reports, many of the GOP Senators are expected to vote against the resolution, "but by allowing it to proceed [they] ensured that it will tie up the Senate for most of the week." The Senate, which just returned from its 5-week summer recess on Monday, is in session for just two weeks before breaking for mid-term elections. A vote on the resolution may help to run out the clock on other Democratic priorities before the next recess.

Citizens United, as we wrote just after the U.S. Supreme Court's 2010 decision, has "opened the door to the creation of a new master-class under the aegis of the most undemocratic of institutions --- the private corporation." In fact, it has proven to have opened the floodgates for would be oligarchs, like the self-described "libertarian" Koch brothers, to further undermine the very foundation of our representative form of democracy --- a strategy that has resulted in their spending as much as $300 million to win control of the U.S. Senate for Republicans in the upcoming mid-term elections alone.

"We should have debate on this important amendment," Senator Chuck Grassley (R-IA) declared before casting his vote for cloture, in order to end the debate on Monday. "The majority should be made to answer why they want to silence critics."

One Republican Senator who voted against cloture, who is apparently not even in favor of allowing the U.S. Senate to vote on the measure, is Kentucky's Rand Paul. The similarly "self-described libertarian" Paul, who is not up for re-election this year, but is currently a front-runner for the 2016 Republican nomination for President, joined a minority of his GOP colleagues in voting against allowing the proposed amendment to receive an up or down vote. That vote, as well as his past efforts to shield corporations from democratic and legal accountability, underscore once again that the Kentucky Senator and the infamous Koch brothers are cut from the same cloth.

As Sen. Bernie Sanders (I-VT), a co-sponsor of the amendment, observed, the measure entails the "major issue of our time": to wit, "whether the United States of America retains its democratic foundation or whether we devolve into an oligarchic form of society where a handful of billionaires are able to control our political process by spending hundreds of millions of dollars to elect candidates who represent their interest."

If it's up to Rand Paul, clearly he favors the latter.

Monday's vote is also a reminder that the upcoming 2014 mid-term elections are far more important than ordinary citizens may realize. The long-shot resolution, S.J. Res 19, would require two-thirds approval in both the U.S. Senate and House of Representatives before moving on for ratification as an Amendment to the U.S. Constitution by three-quarters of the state legislatures. Given that extraordinary requirement, those voters who may oppose unlimited "dark money" political spending by corporations and billionaires would have to ignore a blizzard of Koch propaganda this year and vote Democratic or independent candidates into control of both chambers of Congress in order for the Amendment to become a reality.

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