Encouraging news out of the embattled Deep South...

[Hat-tip TPM...]

UC Irvine law professor Rick Hasen was among the first to notice the "strange rephrasing" of the questions the U.S. Supreme Court agreed to hear [PDF] when it combined four different marriage equality challenges on Friday.

The questions from the different appellate court challenges that the Court agreed to entertain --- after the 6th Circuit broke with every other federal appeals court in the nation and allowed restrictions to remain on marriage rights in Michigan, Kentucky, Ohio and Tennessee --- were combined to just two questions on which the Supremes agreed to hear arguments:

Hasen described the way the first question was written as "quite odd", explaining: "Rather than ask about an equal right of gays and lesbians to marry same sex partners, it asks about the right of the states to deny same sex marriage."

Indeed, amid the jubilation following the narrow 2010 ruling by SCOTUS in the Windsor case, which effectively struck down the federal Defense of Marriage Act (DOMA), The BRAD BLOG's legal analyst Ernest Canning pointed out that "by limiting its decision...the court left open to future adjudication of two vitally important questions":

Note the difference in the wording of Canning's "unresolved questions" from 2010 and how the Court has subtly adjusted the issue raised in the first question to become one of state's rights, rather than of equal justice under the law for the same-sex couples to be married there.

Hasen observes that the Court's new wording also "leaves open the possibility that states could get out of the marriage business entirely," as unlikely as they may seem. Other legal experts, such as Ilya Shapiro at Forbes, agreed the re-wording of questions by the Court was "unusual". "Typically the justices simply decide whether to take a case based on the petitioners' articulation," he explained.

Hasen says the unusual reframing by the Court and the late hour in the day on Friday that their order was finally released, "raises the question of why were they rewritten" in the way they were, and "with an accompanying direct order --- I've not seen that before --admonishing the parties to stick with discussing these questions presented."

So, is something afoot here?...

As Florida prepares to become the 36th state in the union to follow the Constitution and allow marriage equality after midnight tonight, Jeb Bush is still trying to figure out how to win the 2016 nomination for President from the base of the Republican Party, while still maintaining viability for a national general election.

When asked over the weekend, after a round of golf, to comment on court rulings that will lead to same-sex marriage becoming legal across the Sunshine State on Tuesday (and already today in Miami-Dade County), Bush muttered to the Miami Herald:

After the comment was met with criticism from advocates of the Constitution as well as Miami-Dade's Republican mayor who said he "believes adults should be free to marry whomever they desire" and that he "respects anyone's right to marry, gay or straight," Jeb attempted a mulligan and offered the following, almost impossibly non-committal, have-it-all-ways official statement...

Well, that was cowardly. But I suppose it's better than hearing the cases and churning out another twisted, activist justification for discrimination.

Rather than hear appeals from cases in Utah, Indiana, Oklahoma, Virginia and Wisconsin where marriage equality bans were struck down, the U.S. Supreme Court shocked court watchers today by deciding to avoid the issue of marriage equality as a Constitutional right entirely for the time being. Effectively, that means the lower-court rulings stand in each of those states, so freedom, liberty and the conservative Constitutional value of equal justice for all wins the day in each of them.

Evan Wolfson, founder and president of Freedom to Marry, a national organization dedicated to the fight for equality in all fifty states, said after today's Supreme Court punt: "This decision by the Court is a huge step forward --- and a clear green light for full-speed ahead --- but it needlessly postpones the national resolution that together we've been working so hard for. Freedom to Marry is committed to finishing the job."

Couples in six other states where the Circuit Court of Appeals' decisions will likely also apply include Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming.

With the addition of those 11 states, the list of states where marriage equality for all will soon be recognized will jump to 30, continuing to beg the question of which state will disgrace the Union as the very last one to allow equality, in this measure, for all of its citizens.

Sari Horwitz and Al Kamen at WaPo suggest that Obama's current Solicitor General, Donald Verrilli, is at the top of the "short list" to replace outgoing U.S. Attorney General Eric Holder.

"We're hearing that Solicitor General (the No. 4 slot at the Justice Department) Don Verrilli --- formerly deputy White House counsel --- may be atop the list," they report. "He's smart --- many say 'brilliant' --- well-liked by Obama and was confirmed by the Senate three years ago on a 72-16 vote. And one of those 'aye' votes, as our colleague Ruth Marcus pointed out, was from Majority-Leader-in-waiting Sen. Mitch McConnell. (R-Ky.)"

That's all well and good, and might help make Verrilli more confirmable in the U.S. Senate than other, better choices. Naturally, someone that Republicans can approve of should be one of the highest priorities in selecting Barack Obama's next Attorney General. (Sigh...)

But, that said, this might be a good time to point you back to our piece from early 2013, written by our legal analyst Ernie Canning, headined, "Donald Verrilli: Obama's Incompetent Solicitor General, Muddled Middle or Both?"

In the piece, Canning offers a fairly devastating analysis of Verrilli's dismal performance before the U.S. Supreme Court in two landmark marriage equality cases last year. As he wrote at the time, if the side that Verrilli was on in those cases eventually prevailed (they did, in both cases) it would "be despite the half-baked arguments presented by the Solicitor General, not because of them."

We'll also note that Verrilli's performance in the Voting Rights Act case was similarly nothing short of dismal. The other attorneys who also argued on the same side in the case (most notably, the NAACP's Debo Adegbile, whose later nomination to head the Civil Rights division of DoJ was shamefully torpedoed by Republicans and several Democrats) argued their case smartly and persuasively. Verrilli, by stark contrast, was horrible during oral argument, just as we found him to be in the marriage equality cases. The voting rights case was ultimately lost and SCOTUS infamously gutted the Voting Rights Act in the bargain.

Perhaps Verrilli is a better attorney and/or administrator than his skills as a litigator in oral argument before the Supreme Court revealed. But, if not, based on those cases last year, at least, it seems he'd be a disastrous choice as the next AG. Just thought we should mention that.

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]...

Today, a federal judge in Louisiana upheld that state's ban on marriage equality, making him the first to find that such bans are not in direct violation of the U.S. Constitution's Equal Protection clause since the Supreme Court's landmark Windsor v. U.S. decision.

Today's ruling follows an unbroken string of federal decisions --- in both U.S. District and Appellate courts --- striking down similar bans in state after state after the 2013 Windsor decision's determination that the U.S. government may not deny equal benefits to married same-sex couples.

In his ruling, U.S. District Court Judge Martin Feldman, wrote that the concept of same-sex marriage was "nonexistent and even inconceivable until very recently"; that the state had a "legitimate interest...in linking children to an intact family formed by their two biological parents"; and that marriages between two individuals of the same sex was based on "lifestyle choices".

And now, you'll be shocked to learn that Feldman --- a Ronald Reagan-appointee and a close friend of Justice Antonin Scalia (who wrote the Windsor dissent for the Court's minority) --- has a damning record of judicial corruption.

The BRAD BLOG's legal analyst and attorney Ernie Canning offered a damning case for Feldman's impeachment in 2010, after he struck down the federal moratorium on off-shore drilling instituted in the Gulf of Mexico following the deadly 2010 BP oil disaster there.

As Canning detailed at the time, despite financial holdings in the oil industry that would have been directly affected by his own ruling, Feldman failed to properly disclose those conflicts of interest and recuse himself from the case.

"Despite having served as a federal judge for 27 years, Judge Feldman is unfit to sit in judgment of others," Canning wrote in response to the evidence in June of that year. "The only appropriate recourse is for a member of the U.S. House of Representatives, who takes his or her oath of office seriously, to introduce articles of impeachment against Judge Martin Leach-Cross Feldman."

• Read Canning's detailed 2010 coverage and call for Feldman's impeachment here...

We covered too much on the KPFK/Pacifica Radio BradCast this week to go into great detail here, but the common thread seemed to be: Stamping out Zombie Myths.

In other words, those popular lies and deceptions that never seem to die on everything from e-cigs and vaping to the death penalty to Ann Coulter's voter fraud to Fox "News" propaganda on global warming and polling place Photo ID laws (too many of those to link here) to the fight for marriage-equality in Mississippi.

In other words, there was a lot packed in to this week's 58 minutes, including a lot of bullshit to dispel, a bunch of great callers, and even one who totally disagreed with me on e-cigs and children. That was fun.

Check it out. I think you'll enjoy it...

Download MP3 or listen online below...

P.S. During the show, a caller questioned the facts of a quote I read on air from a press release issued today by the Freedom to Marry organization, citing the first Mississippi mayor to call for marriage equality in the state. The quote in question was from the group's President Evan Wolfson, who said in the statement: "More same-sex couples are raising children in Mississippi than in any other state."

The caller, appropriately, challenged the veracity of the statement, and I promised I'd look into the details, since I had just received the release prior to air time and didn't have the details handy. Now I do. Here's where that claim comes from...

The case against Wisconsin Gov. Scott Walker (R), charging that he ran a "criminal scheme" by coordinating his 2012 recall election campaign with about a dozen "outside" groups, is about much more than just Walker and his corruption.

On this week's BradCast on KPFK/Pacifica Radio, I spoke with Brendan Fischer, general counsel at the Center for Media and Democracy about what could be the very last piece of campaign finance law to fall in the wake of 2010's Citizens United and 2014's McCutcheon rulings by the U.S. Supreme Court. Depending on how the challenge against the case against Walker goes, there may be nothing left that keeps candidate campaigns from putting unlimited, undisclosed millions to work in buying our elections. In short, as I discussed with Fischer, democracy could well become even more hosed than it already is in this country. Who knew that was even possible, at this point?

Also, on this very busy BradCast on a very busy day: "the most prolific multiple voter in memory" (a case of massive GOP voter fraud in WI); the shadowy Photo ID initiative that went down in flames in CA; the terrible "recount" bill in CA that has now been (largely) killed following BRAD BLOG's recent exposé; a word or two about the latest absurdity in the GOP's pretend IRS "scandal"; and, as usual, Desi Doyen with the latest Green News Report and a some utter nonsense from Fox and Friends.

All of that and more (seriously) in this week's insanely busy BradCast! Enjoy!

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

[Ed Note: Be sure to check out the great photos added at the bottom of this post! - BF]

To head into the weekend with some good news, a federal judge has now overturned Wisconsin's ban on marriage equality. So freedom comes to the Badger State, despite its Governor, Scott Walker's continuing effort against such freedom, and against Constitutionally conservative values. It's hardly the first time Walker has been on the wrong side of the Constitution, the wrong side of conservatism, and the wrong side of history.

"Quite simply, this case is about liberty and equality, the two cornerstones of the rights protected by the United States Constitution," U.S. District Judge Barbara Crabb wrote in her 88-page ruling [PDF] striking down a state constitutional amendment passed in 2006, finding it in violation of the U.S. Constitution.

There's a bit of a legal skirmish ongoing tonight in the state, as Crabb did not stay her ruling pending the inevitable appeal, though suggested she might do so later after hearing responses from both sides of the lawsuit which was filed by the ACLU on behalf of eight gay couples.

State Attorney General J.B. Van Hollen has vowed to appeal, just as he did recently after losing the federal challenge to state Republicans' polling place Photo ID voting restriction. That statute, enacted by self-described "conservatives", was found by U.S. District Judge Lynn Adelman to have placed draconian and discriminatory restrictions on yet another American freedom (the right to vote) in violation of both the Wisconsin state and federal Constitutions.

"Current law remains in force," Van Hollen says tonight about the ban on marriage equality, though few seem to be listening or agreeing. According to the Journal Sentinel, County Clerks in Dane and Milwaukee Counties have announced they will begin issuing marriage licenses to same sex couples immediately...

After a couple of weeks off for the latest KPFK/Pacifica Radio fund drive, The BradCast was back at full throttle this week!

First up: Fred Karger joined us from the airport in Maine, fresh off his latest victory against the anti-freedom group calling itself the National Organization for Marriage (NOM). Karger, a Republican and long time political consultant for campaigns such as those for Gerald Ford, Ronald Reagan and George H.W. Bush, was also the first openly gay candidate for President of the United States when he ran for the GOP nomination in 2012. On Tuesday, the state of Maine levied a record fine of more than $50,000 against NOM after finding, based on a complaint filed by Karger, that the group committed egregious campaign violations in their $2 million effort to ban marriage equality in the state 2009.

We discussed that, his similar victory out in California against NOM and the Mormon Church, the remarkable recent string of court victories in the marriage equality movement, and why the hell Karger is still a Republican.

Next up: My round-up of the woeful state of the CA Sec. of State's race, which holds its primary next Tuesday. From the Democratic candidate (Padilla) who willfully misled the public about his radical e-vote reform bill; to the other Democratic candidate (Cressman) who is great on campaign finance reform, but not as great on voting systems; to the Republican candidate (Peterson) who just can't seem to denounce disenfranchising polling place Photo ID laws, even though he claims to be against them; to the Green Party candidate (Curtis) who would love to see Internet Voting, but is now threatening to sue me and The BRAD BLOG for pointing that out to the public (and defaming us to boot!)

Good luck, California!

Finally: As usual, Desi Doyen joins us for the latest Green News Report as the state of California learns the very very sad news that the fracking reserves in the Monterey Shale oil fields have only been over-estimated by some 2300%!

Enjoy!

Download MP3 or listen online below...

Just hours after a similar decision in Oregon yesterday, Pennsylvania now becomes the 19th state where the Constitutionally conservative value of equal protection for all under the law becomes the law of the land again.

The Keystone State's ban on marriage equality has just been found by a federal judge to be in violation of the U.S. Constitution there. Wildly unpopular Republican Gov. Tom Corbett --- who lost today on this issue, as well as in his recent failed defense of Republican polling place Photo ID restrictions --- is believed likely to appeal the decision. (He recently chose not to appeal the indefensible polling place restrictions which, as the state was forced to admit before the trial even began, had nothing to do with stopping "voter fraud".)

Corbett, a self-proclaimed "conservative", hired a private $400/hour firm to defend the law after Democratic state Attorney General Kathleen Kane refused to do so. The wildly unpopular Corbett faces a very tough re-election this November.

District Court Judge John E. Jones, a George W. Bush appointee, described the state's ban on marriage quality as "an injustice" and wrote in his rather moving decision today, featuring section headers that mirror the classic wedding vows, that "all couples deserve equal dignity in the realm of civil marriage."

"In future generations the label same-sex marriage will be abandoned, to be replaced simply by marriage," he concluded. "We are a better people than what these laws represent, and it is time to discard them into the ash heap of history."

UPDATE 5/21/2014: As he did after the court's recent rejection of PA's polling place Photo ID restriction law, Corbett has now announced he will not appeal the trouncing his side of the argument received in court yesterday. Let the weddings, and equality, begin...

Constitutionally conservative victories for equal protection under the law are piling up across the country faster than we can note them here!

Moments ago, the latest victory was announced in Oregon, where a federal judge just found [PDF] the state's ban on marriage equality to be in violation of the 14th Amendment...

Well, that was easy. Marriages are expected to begin in the state "almost immediately".

The final paragraph of District Court Judge Michael J. McShane's opinion was particularly thoughtful...

Lots of folks saw the photos of the two very happy young women pictured below --- among the first of more than 450+ same-sex couples to get married in Arkansas --- celebrating the end of the state's ban on marriage equality last week (at least until the court order lifting the ban was, once again, put on hold by the state's Supreme Court today)...

I, on the other hand, saw what the blonde woman behind them in black was holding...

Hopefully, conservative Republicans are celebrating in Idaho tonight, as constitutional equal protection under the law is set to begin on Friday there, according to a federal court today...

UPDATE 5/15/2014 12:33pm PT: The 9th Circuit Court of Appeals puts freedom on hold for the moment in Idaho...

BREAKING: Federal appellate court puts Idaho gay marriages on hold pending appeal.

— The Associated Press (@AP) May 15, 2014