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Latest Featured Reports | Monday, November 30, 2015
'Green News Report' 11/24/15
  w/ Brad & Desi
Carbon tax coming to Alberta tar sands; Obama: Paris conf must proceed; Senate Repubs to monkeywrench int'l agreement; PLUS: FDA okays GMO salmon for humans...
Previous GNRs: 11/19/15 - 11/17/15 - Archives...
Sunday 'This Means War' Toons
PDiddie's must-see collection of the past shameful week's best -- and most dead-on and occassionally horrifying -- toons...
ISIS Wins in US House; Plus: TPP, NAFTA and the Return of KXL?: 'BradCast' 11/19/15
With guest David Dayen of Salon, Fiscal Times, The Intercept, et al...
'Green News Report' 11/19/15
  w/ Brad & Desi
House GOP's war against climate scientists; October 2015 was hottest on record; Fossil fuel subsidies at $500B/year; UK phases out coal; PLUS: Canada kills another tar sands pipeline...
Previous GNRs: 11/17/15 - 11/12/15 - Archives...
Home of the Brave:
'BradCast' 11/18/15
GOP Governors and Presidential candidates help ISIS dreams come true by turning against refugees from war-torn Syria, as some Americans follow their lead by turning against fellow citizens after the Paris attacks...
How NOT to Respond to the Paris Terror Attacks: 'BradCast' 11/17/15
Anti-war author David Swanson on how we got here, how the media and politicians continue to make it worse, and what we must do instead...
'Green News Report' 11/17/15
  w/ Brad & Desi
Climate gets short shrift in 2nd Dem Debate; Yes, climate change is a NatSec threat; Intn'l climate talks in Paris after attacks; PLUS: NY's Cuomo vetoes major NatGas project...
Previous GNRs: 11/12/15 - 11/10/15 - Archives...
A Word About Paris; Coverage of CBS' Dem Debate in Iowa: 'BradCast' 11/16/15
Salon's Heather Digby Parton and longtime GOPer Fred Karger on the debate the DNC didn't want you to watch...
Sunday Somewhat Horrible Toons
PDiddie's round-up of a number of smart toons in the wake of the horrific terror attacks in Paris...
'Very Similar, If Not Identical': DoJ's Big Tobacco Prosecutor on Case Against ExxonMobil: 'BradCast' 11/12/15
Attorney Sharon Eubanks on RICO, conspiracy and the big lies of Big Tobacco and Big Oil...
'Green News Report' 11/12/15
2016 Republican and Democratic Presidential candidates talk climate, energy, and the path forward in GOP Debate and Dem Forum...
Decoding and Debunking Fox Biz Channel's GOP Debate: 'BradCast' 11/11/15
Smartest post-debate analysis anywhere! With journalists Heather Digby Parton and David Dayen...
Impossible Results for OH Pot Measure?: 'BradCast' 11/10/15
Screenshots suggest disappearing 'Yes' votes; OH SoS offers us explanation. PLUS: Calls for KY hand-count...
'Green News Report' 11/10/15
Obama rejects KXL; Big Coal caught lying about climate change; ExxonMobil facing probe; PLUS: 2nd cyclone for Yemen & Sea World responds to critics...
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...
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...

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...

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...

The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

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...

The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

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...

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...

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 7/14/2015 11:29am PT  


IN TODAY'S RADIO REPORT: WI Gov. Scott Walker jumps into the 2016 race - we report on his (predictable) position on climate change; Warmest June on record for the Western United States; Exxon Mobil knew about man-made global warming in 1981 - and then funded climate denial industry for 30 years; PLUS: No, we are not headed into a new 'mini-ice age' - the latest denialist theory debunked... All that and more in today's Green News Report!

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


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

IN 'GREEN NEWS EXTRA' (see links below): In Pennsylvania city, the poor are paying the price for a bad water deal; Japan is building huge solar power plants that float on water; China: June coal imports fall 34 per cent; Iran Nuclear Deal Is Reached After Long Negotiations; Pipeline Safety in the Congressional Spotlight; Presidential Candidates Say 'No' To Fossil Fuel Funding... PLUS: Australia: Tony Abbot's government pulls the plug on household solar... and much, MUCH more! ...

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Guests: Physicist Joe Romm; Journalist Ian 'David Koch' Murphy...
By Brad Friedman on 7/13/2015 5:39pm PT  

A busy week kicked off today on The BradCast! Scott Walker makes his 2016 run for the GOP nomination official; Hillary Clinton takes shots at both him and Jeb Bush in a major economic speech; And the long-awaited NAACP/ACLU/DOJ trial begins in North Carolina against "the most extreme anti-voter bill passed by any state since the Jim Crow Era".

But after those updates, we dig into debunking a new global warming denier scam that began making the rounds over the weekend, concerning a "mini ice age" that wingnuts are now certain will happen instead of the planet continuing to warm at record rates just as scientists have long predicted.

The nonsense begin in the Rightwing denialist media, but has since been making its way into the theoretically legit media as well.

Physicist and former Clinton Administration Dept. of Energy official Joe Romm joins me to help with the debunkery and warns that, unfortunately, "there's no escape from the catastrophic consequences of human-caused global warming by hoping the sun does something. The only hope is that humans do something, which is to slash carbon pollution, and have a global treaty negotiated in Paris in December and take action like the United States is doing through the President's EPA Clean Power Plan, replacing dirty fossil fuels with clean, renewable energy that lasts forever."

The new study being cited by deniers "doesn't mean anything about the long-predicted global warming trend," he tells me. "Anybody who cites this study to suggest that global warming science isn't real, or somehow we're going to avoid catastrophic warming this century, literally has never talked to a climate scientist," Romm says, describing the newest "'Jiggery-pokery' from the climate science deniers."

We also discuss a new email charging Exxon knew about CO2 and climate change since the early 80s, but spent millions in the decades since to fund the denier movement instead of taking action. And I also get Romm's thoughts on a newly unearthed 1969 Nixon Administration memo warning about CO2, global warming and sea level rise.

Finally: Since Walker is announcing his 2016 run for President today, it seems a good time to revisit the audio of that prank 2011 phone call to him from "David Koch" during the height of Walker's union-busting campaign. The call was a hoax, but Walker had no idea. We play some clips from the call to help you remember it all, along with a bit of my 2011 interview with then Buffalo Beast editor Ian Murphy, the man who played "David Koch" during the prank call. (If you're interested, you can hear my complete 2011 interview with Murphy, while guest hosting The Mike Malloy Show on April Fools day that year, right back here.)

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By Brad Friedman on 7/8/2015 5:07pm PT  

We were live at the KPFK/Pacifica Radio studios in Los Angeles for today's BradCast and had the opportunity to open up the phones for a lot of great listener calls.

But, first, we covered today's disturbing, near-simultaneous collapse of computer systems at the New York Stock Exchange, the Wall Street Journal and United Airlines, and what we might (but won't) learn from it.

Then, it's onto the nation's dumbest Governor (perhaps in U.S. history) and the unbelievably dumb thing he's finally done now...

Come and listen to a story 'bout a Governor named LePage,
A total dumbass (and sometimes filled with rage).
They said the state of Maine is the state he oughta run,
But wait until you hear what their Guv has gone and done...

But while LePage may be indescribably stupid, at least he's not running for President (yet) --- unlike Wisconsin's Gov. Scott Walker who is not only running, but currently has a very good chance of winning the Republican nomination. And he's as insidiously sneaky and dangerous as Governors get.

All of that and more on today's lively BradCast!

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Guest: Brendan Fischer of Center for Media & Democracy
By Brad Friedman on 7/7/2015 4:50pm PT  

I'm back on The BradCast today after a much-need July 4 weekend respite! My huge thanks to Nicole Sandler of for filling in for me yesterday!

While Nicole covered some important items that might have otherwise disappeared into the holiday weekend news hole, there was at least one notable story that she missed, which a few folks in Wisconsin --- specifically, Gov. Scott Walker (R) and his allies in the state legislature --- had hoped nobody would notice: their blatant attempt to completely gut the state's beloved Open Records law.

"This was an effort by Walker and some Republicans in the legislature to undermine open government in the dead of night," my guest today, Brendan Fischer, general counsel at the Center for Media and Democracy tells me. And it was done, he suggests, in hopes of keeping piles of fresh baggage from making its way into the mainstream media as Walker --- whose entire career now seems to be predicated on secrecy and lack of transparency --- prepares to announce his candidacy for the GOP Presidential nomination in a week or so.

What the Badger State's Republican-dominated legislature tried to pull off over the weekend was extraordinary. "There was no public statement whatsoever," Fischer explains. "This was introduced, through this last minute budget amendment that was passed on the evening of the holiday weekend. There was no public debate. This was something they tried to do in the dead of night."

Fischer also catches us up on the status of several other cases now pending against Walker and/or his closest allies, including one that is set to face a crucial ruling shortly by the state's Supreme Court. That challenge in that case, known as "John Doe 2", is being brought by the largest financial supporters of both Walker's and several of the court's elected(!) Republican Justices!

Also today: We catch up after the holiday weekend on the latest developments in Greece and with Trump, marriage, the Confederate flag and more!...

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By Brad Friedman on 7/2/2015 3:47pm PT  

It's our last BradCast before the long holiday weekend, so, after an amazingly encouraging week or two of news, we head into the July 4th weekend today with a whole bunch of stories that we've been trying to clear off our desk for the past week or two, along with a bunch of breaking news as well today.

From Trump and Bernie-mentum to Jim Webb entering the 2016 race to the dead-enders in Kentucky still fighting the Supreme Court ruling on marriage to more green news than we can even fit into a single Green News Report with Desi Doyen.

Oh, and real-life killer robots on the rise --- no, it's not product placement for the new Terminator movie, but it sure sounds like it --- before we finally end today's show with an encouraging bang (courtesy of our friend D.R. Tucker at Washington Monthly)!

Please enjoy and have a happy (and safe) 4th of July!...

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P.S. We're taking a long weekend off from the show, so our friend Nicole Sandler of will be filling in for us on Monday! We'll be back on Tuesday though! Peace!

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GUEST: Journalist turned media-activist documentarian Sue Wilson...
By Brad Friedman on 5/20/2015 4:08pm PT  

We've been talking about reality here a lot lately, and the difficulty a huge portion of our population has with it.

On today's BradCast: Our nation's untethering from reality, as it affects accountability for Iraq War war crimes and torture, the 2016 race, climate change and much more. We can't fix our problems until we can agree on the facts, but Governors Chris Christie and Scott Walker remind us once again that we are nowhere near such agreement. (Even as we must take a side trip through the Bush Family's relationship with Nazi Germany to help understand it all.)

Journalist-turned-media-activist and documentarian Sue Wilson from Media Action Center joins us to discuss the FCC ruling that upends the First Amendment and Walker and his supporter's efforts to make things even worse in a Wisconsin criminal investigation into his 2012 recall election that may have an enormous impact on the entire nation in 2016.

Plus: Minimum wage boosted to $15/hour here in Los Angeles; Another huge oil spill in Santa Barbara; and much more on today's BradCast...

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The FCC's blow to free speech rights you probably never heard about, and how, if Republicans have their way, it may get even worse...
By Sue Wilson on 5/19/2015 9:35am PT  

It's been an entire year since the First Amendment suffered a gigantic blow as a result of the 2012 Scott Walker recall campaign in Wisconsin, though it's one that very few Americans above and beyond astute BRAD BLOG readers, even know about. And now, there is another threat to Free Speech, stemming from that same recall of GOP Presidential hopeful Walker looming at the Wisconsin State Supreme Court.

Walker's attorneys are now arguing at the Wisconsin State Supreme Court that it is a violation of the First Amendment rights to even investigate whether the Walker campaign broke state law by the controversial candidate personally soliciting funds from non-profit, tax-exempt 501(c)(4) groups so donors to his campaign could remain secret. In a separate gambit, they also tried to make that case to the United States Supreme Court, which early Monday sent the case back to Wisconsin.

And it now appears that Right Wing Radio talkers --- at the core of a very real First Amendment blow suffered one year ago --- are, once again, in the thick of all of it.

This is all related to what Media Action Center (MAC) members discovered during the 2012 recall campaign when talk hosts on Wisconsin radio giants WTMJ and WISN gave hundreds of hours of free airtime for GOP luminaries like Republican National Committee Chair Reince Priebus and Wisconsin GOP Vice Chair Brian Schimming in order to promote and recruit volunteers for Walker during that contentious campaign....

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By Ernest A. Canning on 4/13/2015 7:44am PT  

The videos were good for a barrel of laughs. The Director of Florida's Div. of Emergency Management, Brian Koon was forced to engage in verbal gymnastics so as to avoid violating a state ban on using the words "climate change."

In another clip, replayed by Comedy Central's John Stewart, former FL EPA employee Kristina Trotta uses the words, "nuisance flooding," to evade the ban on mentioning "sea level rise." That drew an amusing Stewart suggestion that, in order to evade mentioning that a global warming-connected rise in sea level could eventually lead to an underwater Miami, state employees could refer to "moisture inconvenience!"

The exchanges were hilarious. But there is nothing funny about the attempt to erect thought control regimes, first in Florida and now in Wisconsin. In both states, the practice is verging on that deployed by Oceania's Ministry of Truth in George Orwell's 1984. In that classic but ominous work of fiction, written accounts of inconvenient truths were incinerated inside "memory holes."

While ominous, the clumsy efforts at "thought control" are quite useful. They underscore the warnings we offered nearly five years ago that the real future offered by the so-called "Tea Party" and the Koch Brothers' brand of "libertarianism" includes "Fascism [and] Feudalism --- an authoritarian reality that has already come to fruition in states like Florida and Wisconsin where Charles and David Koch, along with other rightwing billionaires, have already tightened the reigns of oligarchic control over ostensibly "public" institutions...

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Where the man and his logo really come from...
By PDiddie on 3/29/2015 5:28am PT  

Or perhaps inspired by...

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Decision means Constitutionality of 'discriminatory' voting laws unlikely to be determined by Supremes before 2016 Presidential elections...
By Brad Friedman on 3/23/2015 2:36pm PT  

A few weeks ago, our legal analyst Ernie Canning warned how the U.S. Supreme Court's pending decision on whether or not to hear the ACLU's challenge to the Wisconsin GOP Photo ID voting law might be the last chance before the 2016 Presidential elections to determine the Constitutionality of such laws.

On Monday, the Supreme Court decided not to grant cert in the WI challenge in the Frank v. Walker case. The decision is not a ruling on the merits of the case or the Constitutionality of the law. It simply means that, for now, there were not four votes on the Court to hear the ACLU's challenge at this time.

It also means that, barring further court action or a quick decision on a similar law out of another state, polling place Photo ID restrictions on voters will be allowed in the Badger State in 2016. That, despite the fact that the federal trial court found, when striking down the law as unconstitutional and a violation of Section 2 of the Voting Rights Act last year, that the new Republican-enacted law may serve to bar some 300,000 disproportionately Democratic-leaning and already lawfully registered voters from casting a ballot in the state's Presidential election.

There is also more than a bit of irony in this matter, in that, after U.S. District Court Judge Lynn Adelman soundly rejected the law in 2014 --- finding that "evidence adduced at trial demonstrates" WI's Act 23 "disproportionately impacts Black and Latino voters" and that the law would "prevent more legitimate votes from being cast than fraudulent votes" --- the 7th Circuit Court of Appeals deadlocked (disingenously) 5 to 5 on whether to stay the original ruling. That deadlock meant the stay would be granted and the WI law would be allowed, barring further court challenges, despite the fact that 6 federal judges had voted to strike down the law, while just 5 had voted in its favor. To make matters worse, Act 23 had also been struck down previously in state court as a violation of the state constitution as well. Nonetheless, in this matter, a minority of judges successfully ruled against the majority.

All of that, despite a blistering dissent filed in last year's 7th Circuit Court WI decision by against the law (and all such laws) from revered conservative 7th Court of Appeals Judge Richard Posner. Posner's original ruling in favor of a Photo ID restriction law in Crawford v. Marion County, Indiana, was the basis of the first such case to be heard by the U.S. Supreme Court, upholding Indiana's Photo ID law in 2008. So his unambiguous reversal on the issue, now that we know much more about such laws, was noteworthy and, opponents of the law had hoped, convincing to the Supremes who have, for many years, favorably cited the legal scholar's opinions.

Though the 7th Circuit's decision to temporarily stay the original ruling striking down the law was later vacated by the U.S. Supreme Court last year --- on the basis that the stay was made too close to the election --- the discriminatory law is now back in place in the state. The refusal by the Court to grant cert this weeks means that it will likely remain in place as the next Presidential election begins.

Some watching these matters closely, however, believe that Monday's decision by SCOTUS to not hear the Wisconsin case may ultimately be a good thing, perhaps "a blessing in disguise"...

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Court's decision on whether to hear a challenge to the Wisconsin GOP's 'unconstitutional' voting restriction is a moment of truth for democracy...
By Ernest A. Canning on 3/6/2015 2:03pm PT  

As we find ourselves smack dab on the 50th anniversary of the Bloody Sunday march for voting rights in Selma, Alabama, there are some key decisions from the U.S. Supreme Court, coming very soon, which may well determine whether millions of otherwise lawfully registered and disproportionately Democratic-leaning African-American and Hispanic voters will be prevented from voting in the 2016 elections.

The decision that emerges from the Supreme Court's March 20, 2015 Conference in the Wisconsin polling place photo ID case, Frank v. Walker, could well be dispositive in that regard. It also may be the last chance to avoid the legal chaos that plagued the 2014 elections, during which similar voting restrictions, in state-after-state, were implemented, struck down, restored, or, with respect to Wisconsin, blocked again. Where, last year, the Court's eleventh hour decisions preserved the right to vote in Wisconsin, that same Supreme Court, on the eve of the 2014 mid-term, eliminated the right to vote for hundreds of thousands of predominantly African-American and Hispanic voters in Texas and North Carolina. The failure of the Supreme Court to take up the issue now could produce an even darker cloud of doubt over the integrity and legitimacy of the 2016 Presidential Election.

The immediate issue now before the Court is not whether SCOTUS agrees with a U.S. District Court judge and half the judges on the 7th Circuit Court of Appeal that WI's law (aka Act 23) is both unconstitutional and violative of Section 2 of the Voting Rights Act. As those judge found, Act 23, if implemented in the Badger State, could disenfranchise more than 300,000 lawfully registered Wisconsin voters.

Rather, the immediate issue at the March 20 Conference is whether the Supremes will grant an ACLU petition for a writ of certiorari (aka "cert petition") and schedule oral arguments on the Constitutionality of the Republican-enacted law. Or whether, as urged by the attorneys representing WI's Republican Governor Scott Walker, the Court will defer its decision until similar legal challenges to strict photo ID laws in other states, such as North Carolina and Texas, wind their way through the trial and appellate courts.

In other words, do they hear the Wisconsin case now, as urged by the ACLU and other voting rights advocates? Or do they wait to combine the matter with several other challenges to substantively identical voting restrictions implemented by Republicans in other states, as urged by one of the men who stands to benefit from delaying such a decision as long as possible?

That decision whether to hear the case now, rather than later, may well have a huge impact on who will serve as the next President of the United States...

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Wherein the GOP's latest 2016 front-runner gets caught in a lie...
By Brad Friedman on 2/6/2015 6:24pm PT  

With Wisconsin Gov. Scott Walker, incredibly enough, having vaulted to the front of the GOP pack of 2016 Presidential hopefuls in Iowa and a number of other states, he'll undoubtedly (or, at least, hopefully) come under much more scrutiny on a national level for the kind of policies he's been carrying out back home. (And, additionally, as Brendan Fischer explains, "Rumors of the Walker [John Doe] Probe's Death Have Been Greatly Exaggerated")

One aspect of those policies was noticed by Jonas Persson and Mary Bottari at the Center for Media and Democracy's PRWatch this week. It seems Walker, without publicly mentioning it during a recent speech on his newly proposed state budget, included $300 million in cuts to the University of Wisconsin (UW) System along with some other troubling changes.

"The unprecedented cut, which amounts to 13 percent of the state funding for the university system and 2.5 percent of the total budget, accompanied by a tuition freeze will result in the defunding of scores of departments and jeopardize the livelihood of faculty and graduate students," PRWatch reports. The cuts come on the heels of Walker's tax breaks for the wealthy and cuts to social services which have left Wisconsin "32nd in the nation in new job growth," while "the state faces a $2.2 billion dollar deficit." Not helpful numbers when running for President (at least in a general, versus primary, election.)

"In a grim irony, the cut also comes amid reports that other states in the Midwest, such as Minnesota (which recently reported a $1.04 billion budget surplus), Indiana, Iowa and Ohio, are ramping up funding for its state universities, the Wisconsin State Journal reports."

PRWatch adds that, under Walker's proposed new structure for the UW System, "The Board of Regents appointed by the governor would be the governing body and the legislature and the public would have less of a role in protecting academic freedom and other statutory rights."

As much as some are alarmed by the restructuring and massive budget cuts to state education, a rather striking change to the UW System's written mission statement in the budget proposal has left some "nearly speechless", setting off arguably more controversy about what Walker, after being called on it, initially described as little more than "a drafting error"...

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By Ernest A. Canning on 1/5/2015 7:05am PT  

- with Brad Friedman

[An earlier version of this article was originally published by Truthout...]

Both election integrity advocates and dissembling GOP proponents of Photo ID voting restrictions were taken by surprise in late 2013 when 7th Circuit Court Judge Richard A. Posner said, during an interview with HuffPo Live, that the landmark 2008 Supreme Court decision on the matter "would have been decided differently" if the Court had known then "about the abuse of voter identification laws."

That, in and of itself, was a remarkable turn of events. What was ultimately to come was even more so.

Crawford v. Marion County Election Board is the case which Republican proponents of strict Photo ID voting laws now (incorrectly and often disingenuously) cite as giving them carte blanche to enact similar laws in other states, irrespective of the extent to which photo ID laws serve to disenfranchise demographic groups --- minorities, students, the poor, women --- that all tend to vote for Democrats.

Posner is not just any judge. He is a renowned legal scholar and Reagan appointee to the federal bench, who has served on the U.S. 7th Circuit Court of Appeal since 1981. More importantly here, Posner was the author of the 7th Circuit's opinion in Crawford. In that case, Posner rejected an allegation that Indiana's polling place photo ID restriction was unconstitutional. That decision was affirmed at the time by the U.S. Supreme Court.

Posner, who is, as Yale Law Professor Fred Shapiro notes, the most cited jurist of the 20th Century, was not alone in his view in 2013 year that Crawford "would have been decided differently" if the Court knew then what it knows now.

Former Supreme Court Justice John Paul Stevens, the author of the plurality opinion in Crawford --- an opinion that was joined by Chief Justice Roberts and Justice Kennedy --- told the Wall Street Journal following Posner's remarks at the time, that he "always thought that [dissenting Justice] David Souter got the thing correct, but my own problem with the case was that I didn't think the record [before the Court in 2008] supported everything he said in his opinion." Souter would have struck down the Indiana law as unconstitutional because, as he argued at the time, it "threatens to impose nontrivial burdens" upon the right to vote.

Joined by four other 7th Circuit jurists last October, Posner penned an extraordinarily powerful and compelling dissent [PDF] in Wisconsin's photo ID voting case. The previously missing evidence is now in, as the judge meticulously detailed in the opinion. GOP claims that photo ID restrictions are needed to combat "voter fraud", he wrote, are "a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government"...

There is only one motivation for imposing burdens on voting that are ostensibly designed to discourage voter-impersonation fraud, if there is no actual danger of such fraud, and that is to discourage voting by persons likely to vote against the party responsible for imposing the burdens.

Posner's carefully crafted dissent does more than establish why the U.S. Supreme Court should ultimately sustain the District Court's finding that Wisconsin's photo ID law is both unconstitutional and a violation of the Voting Rights Act --- a finding later echoed by a federal District Court in Texas as well. Posner's dissent obliterates the factual premise that had served as a pillar upon which his, and subsequently the Supreme Court's, decisions in Crawford were based.

Polling place photo ID laws do not promote voter confidence in the integrity of elections, as Posner and the Crawford Supreme Court plurality had erroneously assumed. The assertion that they do was a "mistake" --- Posner's mistake! --- and he now admits as much, with the support of devastating new data from recent studies to back him up.

His powerful dissent amounts to more than just a response to the Wisconsin GOP's new Photo ID voting law. It is an elegant plea that the U.S. Supreme Court finally right a grievous wrong that he was personally responsible for. Posner presents an astonishing, air-tight case for ruling that all "strict Photo ID laws," which, as he demonstrates, have only been enacted in states sporting GOP-controlled legislatures, must now be struck-down as unconstitutional...

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By Brad Friedman on 10/23/2014 8:05am PT  

On the stump this week for Republican candidates, NJ's Gov. Chris Christie said GOP governors need to win this year, so they can be in control of the "voting mechanisms" during what he believes might be his own run for President in 2016. He cited three races in particular, in three states that would be crucial to him as the GOP nominee, as reported by New Jersey's The Record...

Governor Christie pushed further into the contentious debate over voting rights than ever before, saying Tuesday that Republicans need to win gubernatorial races this year so that they're the ones controlling "voting mechanisms" going into the next presidential election.

Republican governors are facing intense fights in the courts over laws they pushed that require specific identification in order to vote and that reduce early voting opportunities. Critics say those laws sharply curtail the numbers of poor and minority voters, who would likely vote for Democrats. Christie - who vetoed a bill to extend early voting in New Jersey - is campaigning for many of those governors now as he considers a run for president in 2016.

Christie stressed the need to keep Republicans in charge of states - and overseeing state-level voting regulations - ahead of the next presidential election.
"Would you rather have Rick Scott in Florida overseeing the voting mechanism, or Charlie Crist? Would you rather have Scott Walker in Wisconsin overseeing the voting mechanism, or would you rather have Mary Burke? Who would you rather have in Ohio, John Kasich or Ed FitzGerald?" he asked.

Great questions, Governor Christie! Let's take a crack at offering some answers for ya...

--- 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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