"Maybe"? Ya think?! From Chicago Tribune, on their recent interview with former Supreme Court Justice Sandra Day O'Connor about 2000's infamous Bush v. Gore case...

"Probably"?! Ya think?! The paper goes on to explain that O'Connor's "vote in the 5-4 Bush v. Gore decision effectively gave Republican George W. Bush a victory over his Democratic opponent, then-Vice President Al Gore." That, after the U.S. Supreme Court had stopped the public hand-counting of the votes cast by the people of Florida.

Had O'Connor and friends not stopped the state-wide hand count, they would have found, as a consortium of media and academics did afterwards, that Gore defeated Bush by every conceivable counting standard in the state of Florida.

Contrast O'Connor's thoughtful, if ridiculously-too-late response to the question of the controversial Bush v. Gore, with that of the still-serving U.S. Supreme Court Justice Antonin Scalia, who was seen over the weekend yucking it up with Bill O'Reilly of Fox "News" at the White House Correspondents' Dinner. When asked, in 2007, about the case which allowed five Supreme Court justices to install a U.S. President over the will of the people, he responded that it was "water over the deck", and Americans just need to "get over it."

Four years after Bush v. Gore, in 2004, Democrats vowed not to let that happen again, of course. Their Presidential nominee that time, then Senator John Kerry, promised he would not concede until every vote was counted. Despite massive reports of fraud, particularly in Ohio, and Exit Polls finding he had won in swingstate-after-swingstate, countering the still-unverified electronic results reporting that he had lost in many of those same states, Kerry flip-flopped and conceded the day after the election.

Remarkably, now that an unverified and unverifiable election in Venezuela has recently resulted in the U.S. Government's favored candidate being announced the loser, Kerry, now serving as Sec. of State, is calling for a full hand-count of "paper receipts" in that country because he claims to be concerned about the "confidence of the Venezuelan people in the quality of the vote," as our own Ernie Canning detailed earlier today. Yes, that's what Kerry really said.

Do you suppose he, like O'Connor, may someday realize that "maybe" he made a mistake too?

Good pals...

We'll caption this one: "Tide goes in, tide goes out. Never a miscommunication."

Nearly a quarter century has passed since the U.S. Supreme Court, in Symm vs. United States, ruled that college students had a right to treat their dorms as their residence for voting purposes. It's a fact which Republicans seem to find very inconvenient --- especially given the fact that, in 2008, the youth vote, heaviest in precincts where college campuses are located, favored Barack Obama over John McCain by a two-to-one ratio. The numbers were similar against Mitt Romney in 2012.

Thus, in 2011, despite the fact that his investigation failed to establish a single instance of voter fraud by any student, Maine's Republican Secretary of State Charlie E. Summers sent an intimidating letter to lawfully registered student voters seeking to convince them to "cancel" their voter registration where they go to school.

"Back in February," of this year, writes Laura Conaway at Maddow Blog, "an Indiana Republican proposed revoking the right for students to register at their colleges. After college Democrats and Republicans in Indiana joined in pushing back, the sponsor promised to amend her bill so that it would be constitutional, by which she meant dropping the idea."

Not to be outdone, this month three North Carolina Republican State Senators have introduced the appropriately numbered S666, which would strip the right of the parents of students from claiming a personal state tax exemption, which ranges from $2,000 - $2,500, if the student lawfully uses their dorm as their residence for voting purposes.

A related bill, S667, deceptively titled the "Equalize Voter Rights" act, would also strip tax exemptions for parents whose student children fail to register their car at the same place they register to vote. According to WRAL, "That also could cut down on college student registration, since many students maintain their vehicle registration in their home counties."

As the state's Democratic House Minority leader notes, both bills "would raise taxes on middle-class families who are trying to put their children through college." But, apparently Republicans are now in favor of tax increases, at least in NC, as long at it might help curb the increase in the youth vote seen over the last several elections.

But what may be most troubling of all, is that it seems the esteemed GOP state Senators in NC must be entirely unaware of the provisions of the 24th Amendment which, long ago, outlawed all poll taxes.

On paper, Donald B. Verrilli, Jr., who was appointed by President Barack Obama to replace now Supreme Court Justice Elana Kagan as the U.S. Solicitor General, appears to be an experienced litigator with a distinguished background.

It is a background that includes having served as a law clerk for former U.S. Supreme Court Justice William Brennan, Jr. and having participated in over 100 cases before the U.S. Supreme Court. However, Verrilli's participation in Supreme Court oral arguments --- earlier with respect to the Affordable Care Act (ACA, or "ObamaCare") and, recently, in the challenge to Section 5 of the Voting Rights Act, as well as U.S. v. Windsor, with respect to the Defense of Marriage Act (DOMA) and in Hollingsworth v. Perry pertaining to California's Proposition 8 --- raises some disturbing questions.

Either Verrilli lacks the professional competence to assume primary responsibility for supervising and conducting litigation on behalf of the U.S. Government before the Supreme Court, or Verrilli, and the Obama administration, are so politically fearful of staking out principled positions that they have opted for a muddled middle ground. Perhaps it's a little of both.

Regardless, if the Windsor and Hollingsworth cases should establish a constitutional right of same-sex couples to marry, as urged by attorneys Ted Olson (R) and David Boies (D) in their Prop 8 Supreme Court brief [PDF], it will be despite the half-baked arguments presented by the Solicitor General, not because of them...

It's been a big gay week at the U.S. Supreme Court! So it seemed time to call on my friend Mike Rogers of RawStory.com to join me on the KPFK BradCast to talk about it all.

Rogers has joined me over the years for various 'Big Gay Hours' on the radio --- going all the way back to the darkest anti-gay years of 2004 and 2005 when the campaign against marriage equality had first been weaponized by the Republican Party. So it is with some joy that we were able to mark the extraordinary victories, and speed with which they have happened, for the gay community, as well as for those of us in the constitutional conservative community who believe in things like Equal Protection under the Law, etc.

We discussed both the CA Prop 8 and DOMA hearings this week at SCOTUS, how we all got here, and what has become of some of those closeted gay politicians who fought against gay rights and inspired Rogers to become an investigative blogger, open his old BlogActive.com site and begin reporting (and outing) the hypocrites standing in the way of equality for all. His work, outing folks such as Sen. Larry Craig and others, eventually helped to inspire Kirby Dick's 2009 documentary Outrage (in which he is featured).

We played and discussed some of the clips from this week's hearings, including some of the shameful performances from Justice Antonin "Just Makin' Shit Up Again" Scalia, Prop 8 proponent attorney Charles Cooper and the Obama Administration's horrible Solicitor General Donald Verrilli.

I also covered a bit of the mysterious Florida Election cyberhack story out of Miami-Dade (and a new clue to the mystery), and Desi Doyen joined me to have a laugh at the Tennessee "conservatives" who've suddenly found an amusing reason to finally give a damn about mountaintop removal mining, and for the latest Green News Report...

Download MP3 or listen online below...

Today on my KPFK/Pacifica Radio show --- after breaking the news about the newly elected Pope --- I interviewed Eugene Iredale, attorney of the former San Diego ACORN worker Juan Carlos Vera who received a $100,000 settlement from Rightwing con-artist James O'Keefe last week. (Vera also received $50,000 from O'Keefe's former partner Hannah Giles in a separate settlement last summer.)

Vera's California Invasion of Privacy Act lawsuit, filed in 2010, stemmed from O'Keefe and Giles' surreptitious wiretapping of a "confidential" conversation with Vera. The conversation (during which Vera played along to learn about the duo's pretend plot to smuggle underage prostitutes into the country, so he could turn them in to law enforcement) was then deceptively edited for misleading use in the infamous ACORN "pimp" hoax tapes published by Andrew Breitbart and blatantly misreported by New York Times, et al.

Iredale discussed O'Keefe's illegalities at the center of the suit; why other ACORN workers hadn't similarly sued the three con-artists; why Breitbart was not included in Vera's suit; why he didn't also sue for defamation; whether these settlements can be seen as a "victory"; and much more.

In the second part of today's BradCast, I offered my opinion ranted a bit on Justice Antonin Scalia's obnoxious, not-conservative, not-constitutionalist, activist attempt to legislate from the bench on the landmark Voting Rights Act during a recent Supreme Court hearing on the Act's important and ground-breaking Section 5 provision...

Download MP3 or listen online below...

P.S. I invited O'Keefe to join today's show to offer his side of the story (live and not deceptively edited), but last night he seems to have decided he didn't "have the guts" to show up.

Supreme Court Justice Antonin Scalia's obnoxious remark Wednesday about the Voting Rights Act as a "perpetuation of racial entitlement" wasn't the half of it.

Scalia is often held up by self-described "conservatives" as a model jurist, setting the standard for the type of "strict constructionism" or "originalist" interpretation of the Constitution that Republicans would like to see more of on the bench.

Jurists like Scalia, the pretend argument goes, are the antidote to those "liberal activist judges" who don't appreciate the limited authority of the judicial branch and who abuse their position in order to usurp the power of the executive and/or legislative branches by --- gasp! --- "legislating from the bench!"

Wednesday's shameful display by Scalia, however, during the Shelby v. Holder hearing at the U.S. Supreme Court, on whether or not Section 5 of the Voting Rights Act (VRA) ought to be discontinued, should serve to put the bald hypocrisy of that entire Republican myth to bed for good. The Supreme Court Justice beloved by the hard right demonstrated exactly why that hard right loves him --- and it has nothing to do with "conservatism" or "judicial restraint" or "strict constructionism" or any of those other absurd partisan talking points bandied about in regard to Scalia...

Early word on what happened today during the U.S. Supreme Court's hearing on the crucial Section 5 of the Voting Rights Act in Shelby County, AL v. Eric Holder is not encouraging. This could come to be seen as a very dark day for voting rights in this country, as a landmark provision of the 1965 Voting Rights Act may be on the verge of being dismantled and, arguably, a half a decade of civil rights advancements along with it.

Late last night we detailed what's at stake and how the activist Supremes are likely to intercede in what is clearly a Congressional duty, as specifically ascribed to them in the 15th Amendment of the U.S. Constitution. That, despite a stunning 98 to 0 vote in the U.S. Senate to re-authorize the VRA for another 25 years as is, after 21 hearings and some 15,000 pages of documentation on the continuing blight of racial discrimination, as recently as 2006.

While it's always a perilous exercise to try and read the tea leaves from a SCOTUS hearing, The Nation's Ari Berman, who was present in the court room this morning, Tweets, disturbingly today: "In oral argument, Scalia likened Congressional support for Voting Rights Act to a 'perpetuation of racial entitlement'". He went on to indicate his "quick reaction" to the hearing was that, that while the five Republican Justices are "skeptical of Sec 5," there is a "small chance Kennedy can still be persuaded." He notes, that, incredibly, "Voter suppression attempts in [the] last election didn't even come up during SCOTUS arguments about Voting Rights Act".

Because the Supreme Court still operates in the 1800s, there was no live audio or video of today's hearing. The transcript, however, should be made available later today [Update: transcript is now linked at the bottom of this article] and audio will be made available on Friday.

For now, NBC reports today's hearings this way:

New York Times' Adam Liptak described today's hearing in more, if similarly disturbing detail this way...

The first section of the Fifteenth Amendment to the Constitution, ratified in 1870 after the Civil War and the abolition of slavery, reads simply: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

The second, and final section of the 15th Amendment, is even shorter: "The Congress shall have power to enforce this article by appropriate legislation."

Congress is charged with determining the "appropriate legislation" to assure that voters are not discriminated against on the basis of race. And, though it took almost another 100 years after the ratification of the 15th Amendment to do so, the Voting Rights Act (VRA) of 1965 was passed to help ensure exactly that.

In 2006, in continuing its duty to uphold the Constitution, after 21 Congressional hearings, including testimony that amounted to some 15,000 pages of evidence, the VRA was re-authorized for another 25 years by an astounding 98 to 0 margin in the U.S. Senate and a nearly-as-impressive 390 to 33 in the U.S. House.

"There was a lot of invidious discrimination shown," says Rep. James Sensenbrenner (R-WI), who chaired the U.S. House Judiciary Committee at the time. He characterized the hearings, which closely examined the extent to which racial discrimination still affects minority voters, as "one of the most extensive considerations of any piece of legislation that the United States Congress has dealt with in the twenty-seven and a half years that I have [served]."

That year's VRA re-authorization was signed into law by Republican George W. Bush. The law's three other federal re-authorizations (in 1970, 1975 and 1982) were also signed into law by Republican Presidents.

One of the most successful, and universally respected pieces of bi-partisan legislation in our nation's history, however, is now coming under serious attack from Republicans and a group of billionaire funders in the years following its last re-authorization. Since that year, an unprecedented number of challenges against the VRA --- specifically its Section 5, which applies to some 16 different jurisdictions with a long history of racial discrimination --- have been filed in the court system, at the same time that a tidal wave of voter suppression laws have been passed by GOP legislatures across the country, most notably, in many of the jurisdictions covered by Section 5.

A challenge to that section of the VRA, which served to block a number of new restrictions on voting and voter registration during the run-up to the 2012 election, will be heard by the U.S. Supreme Court on Wednesday, and the outlook for the crucial protections that Section 5 has offered for decades are now potentially in very grave danger of being struck down entirely...

We're busy with today's BradCast on KPFK, so, until later, here are a few items that may, or may not, matter to you this afternoon...

• President Obama names Vice-President Biden to head up a task force to work on new gun safety regulations to be submitted to him by January. Press conference transcript here.

• Supreme Court rulings on what gun control measures are allowed by the 2nd Amendment are actually quite narrow and leave a lot of room for further interpretation and rulings. Here's a quick legal analysis of where the court seems to stand at the moment.

• Robert Bork dies. In an attempt to be generous upon the occassion of his passing, we'll associate with Ian Millhiser who observes today: "At his best, Bork was a voice for the kind of judicial restraint that conservatives all but abandoned the minute President Obama took office." Bork had been selected by Mitt Romney to help him select judges as President. Mitt Romney's dream died first.

• 3 State Dept. officials resign after a report on Benghazi attack finds "grossly inadequate" security measures at the U.S. consulate on the night Ambassador Christopher Stevens and three other Americans were killed last September 11th. "We did conclude that certain State Department bureau-level senior officials in critical positions of authority and responsibility in Washington demonstrated a lack of leadership and management ability," said report panelist Adm. Mike Mullen. In response, Sec. of State Hillary Clinton accepted all 29 of the panel's recommendations, while nursing her reported recent concussion that has, to date, kept her from testifying to Congress on the matter.

• Something or other occurred today in regards to the so-called "fiscal cliff" negotiations, but we couldn't care less what it was. At this point, after Sandy Hook, the "fiscal cliff" stupidity feels a whole lot like the "Summer of Sharks" did, in retrospect, after 9/11. Of course, after Obama's prepared remarks at his presser on guns today, the D.C. press wanted to ask him, almost exclusively, about "fiscal cliff" bullshit. Same as it ever was.

• Finally, here's your 7 day forecast...

Desi Doyen has more.

Discuss.

Very big news just out today for fans of the U.S. Constitution and equal protection under the law --- both conservative values, upheld by conservative Republican judge after conservative Republican judge across the country over recent years --- which we here at The BRAD BLOG strongly support.

And, once again, before sharing the news, our caveat to those who are against all of the above, a reminder that no matter how the U.S. Supreme Court rules on the issues surrounding marriage equality, it will never be mandatory that you get gay married...

The old baseball adage that three strikes and you are out applies to Ohio's Republican Secretary of State Jon Husted and his underhanded effort to emulate his predecessor, the infamous J. Kenneth Blackwell (R), by preventing Early Voting for all over the last three days before the November 6, 2012 election.

That effort, to restrict voting in those days to active-duty military voters only, was first rejected by U.S. District Court Judge Peter Economus (strike one!) whose decision was upheld in all aspects by a three judge panel of the U.S. Sixth Circuit Court of Appeal --- strike two!

Now comes an order from the U.S. Supreme Court summarily rejecting Husted's eleventh hour request for a stay of Judge Economus' decision --- strike three!

When Brad Friedman interviewed the former Democratic Ohio Sec. of State Jennifer Brunner in mid-August, she explained how Husted's efforts to limit early voting were "clearly aimed at 'Souls to the Polls,'" the very successful effort by African-American churches to encourage their congregations to get out and vote on the Sunday before Election Day. During the 2008 election, nearly 100,000 largely Democratic-leaning voters cast their vote over that weekend.

Husted, who previously backed off an earlier effort to obstruct Judge Economus' initial order, filing an apology to the court in early September, has now issued a directive informing all County Election Boards "to open for early voting from 8 a.m.-2 p.m. on Nov. 3, 1-5 p.m. on Nov. 4 and 8 a.m.-2 p.m. on Nov. 5," according to the Chicago Tribune.

Contrary to the initial lie spun by the right wing echo chamber and by Mitt Romney himself, this case in no way impacted the right of military voters to cast Early Absentee ballots. To the contrary, it assured that all lawfully registered voters could do so.

This is a very clear victory for democracy.

UPDATE: The order [PDF] reveals that although Husted filed the application for a stay with Justice Kagan, she referred the request "to the Court," which, in turn, denied the stay without any dissents.

Where, in Pennsylvania, the state GOP admitted that they are not aware of so much as a single instance in which an ordinary citizen has been charged with, let alone convicted of in-person voter impersonation --- the only form of voter fraud that can be prevented by disenfranchising polling place Photo ID restriction laws --- there have been a growing number of claims that political elites have used a false residence to vote, often to insure their own elections in a district where they do not reside.

On October 2, a Los Angeles Superior Court Judge ordered that "Los Angeles City Councilman Richard Alarcon [D] and his wife will face trial on 23 felony counts of perjury and voter fraud" when the couple allegedly used a false address to both vote and qualify for elective office within LA's 7th district, according to Los Angeles Times. The Alarcons claim they were simply using a second home outside the district while their other home was being renovated.

The issue of false residency voter fraud is neither novel nor limited to Democrats like Alarcon. Indeed, as Brad Friedman has tirelessly documented, the issue of false residency voter fraud amongst high-profile Republicans --- including the GOP's 2012 nominee for President of the United States --- has approached epidemic proportions.

Class, as well as party, may explain the disparity between the ability of the elites to commit false residency voter fraud with near impunity as compared to the harsh impact of Photo ID laws that address a phantom menace as applied to the most vulnerable segments of our society.

Here are just a few recent cases of false residency voter fraud by some faces you will be very familiar with. Only one of them, to date, has faced any sort of actual accountability for their election crimes...

Chalk up another blow to transparency and an informed electorate, and another judicial victory for the democratic perversion known as corporate "free speech."

Last week, in Minnesota Citizens for Life, Inc. v Swanson, six of the eleven jurists serving on the U.S. Eighth Circuit Court of Appeal struck down the provisions of a Minnesota statute requiring corporations which create separate political funds in excess of $100 to file periodic financial disclosure reports with the state.

The case had been filed by three corporations, all of which contended that the reporting requirements were so onerous as to amount to a de facto ban on corporate free speech that violated Citizens United vs. Federal Election Commission [PDF]. That argument had been rejected first by a U.S. District Court Judge and then by way of a 2-1 Eighth Circuit panel decision. The majority on that panel had noted that even Citizens United recognized the government's right to "regulate corporate political speech through disclaimer and disclosure requirements" so long as the government did "not suppress that speech altogether."

On rehearing before the full 8th Circuit, Chief Judge William C. Reilly, a George W. Bush appointee, writing for the six member majority, acknowledged that the Minnesota statute "does not prohibit corporate speech." The majority ruled, however, that that state statute entailed excessive regulation which included an "ongoing" reporting requirement on the part of the corporate political fund that continues unless or until the corporation dissolves the fund. Chief Judge Reilly described that burden as both "onerous" and "monstrous."

The five dissenting jurists, which also included George W. Bush appointees, vigorously disagreed...

The petitioners challenging the Republican polling place Photo ID restriction law as a violation of the state Constitution in Pennsylvania, have filed their appeal to the state's Supreme Court, after being caught off-guard by a surprising and stinging defeat at the hands of a Republican Commonwealth Judge last month.

In their 68-page Pennsylvania Supreme Court brief [PDF], the petitioners in Applewhite vs. Commonwealth of Pennsylvania set forth a compelling legal case to demonstrate the need for a preliminary injunction in advance of the November 2012 President Election in order to prevent what they describe as the potential disenfranchisement of hundreds of thousands of lawfully registered voters.

The brief does much more than simply urge that Commonwealth Judge Robert E. Simpson, erred in applying the federal "minimum scrutiny" standard instead of subjecting Photo ID to "strict scrutiny" under state law because, they argue, it threatens to deprive hundreds of thousands of Keystone State citizens of a fundamental right to vote. The brief lays bare many of the GOP myths about the purpose of polling place Photo ID restrictions, while demonstrating why the GOP-enacted Pennsylvania law would not qualify as constitutional even under the less demanding test laid down by six of the U.S. Supreme Court's nine Justices in Crawford v. Marion County Board of Elections, their 2008 decision approving Indiana's version of a similar restriction on voting in that state...