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Latest Featured Reports | Thursday, January 29, 2015
D'Stupid: 'Intellectual Wing of the Conservative Movement' On Global Warming
Dinesh D'Souza offers another quick reminder of how even the 'smart' Rightwingers are proud to be clueless about science...
BMW Super Bowl Ad: 'What's An Internet?'
Electric car spot throws back to Katie Couric and Bryan Gumble in 1994. ALSO: Please give us an electric car. Thanks!...
'Green News Report' 1/27/15
  w/ Brad & Desi
The not-so-historic Blizzard 2015!; Interior Dept. to expand offshore drilling; Another pipeline explodes in WV; PLUS: Obama calls on GOP to permanently protect ANWR...
Previous GNRs: 1/22/15 - 1/20/15 - Archives...
Phony GOP 'Voter Fraud' Activist to Testify at Real Senate Nomination Hearing
'True the Vote' founder Catherine Engelbrecht slated by Senate Repubs as 'expert witness' at AG-nominee Lorreta Lynch confirmation...
Sorry, Fox, But No 'News' Is Good News
White House (accurately) fails to include 'News' on the place cards of Fox 'News' anchors at special luncheon, so they have a sad...
'Rights'? What 'Rights'?
Yes, elections have consequences. Republicans take control of U.S. Senate Judiciary subcommittee and immediately dump 'Civil Rights and Human Rights' from its name...
Hannity Must Be Furious About Keystone XL Pipeline!
Foreign owner TransCanada has now filed an eminent domain action to sieze property of private landowners in Nebraska...
'Green News Report' 1/22/15
  w/ Brad & Desi
Obama's SOTU focuses on climate; Repubs give Keystone XL pipeline a new name; MT pipeline spill spews oil, benzene; PLUS: GOP votes climate change not a hoax -- but...
Previous GNRs: 1/20/15 - 1/15/15 - Archives...
St. Louis County Election Director Ousted
Official who ignored pre-election warnings, obtained by BRAD BLOG, about likely paper ballot shortages in November, tossed by Election Board...
The Progressive State of the Union:
KPFK 'BradCast'
Deconstructing Obama's SOTU and GOP response. An in-studio roundtable with Heather 'Digby' Parton, David Dayen of Salon, John Amato of Crooks & Liars...
Only 41% Support Keystone XL, But...
That's the good news. The not-as-good news is more surprising, though perhaps we shouldn't be surprised at all by it by now. (Or by the latest pipeline spill in Montana)...
Did John Roberts 'Stack the Deck' for SCOTUS Marriage Equality Cases?
The Court's agreement to hear challenges to state bans on same-sex marriage includes some 'unusual' questions...
'Green News Report' 1/20/15
Confirmed. Again. NASA and NOAA find 2014 hottest year on record; More studies warn human impacts threaten our life support systems; PLUS: 'A glimmer of hopefulness'...
Cluster of Studies Warn of Planetary Peril
New group of scientific reports find humanity rushing to brink of survivable limits, advise swift action needed to change course...
NASA, NOAA Confirm 2014 Hottest Year on Record for Planet Earth
Yet another climate change denial myth is scuttled, but here's how the fossil-fueled scammers have been getting away with their "no warming over the past decade!" hoax...
Saudi Arabia Beheads 10th 'Criminal' of 2015
Some barbarians better than others, apparently...
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...

GUEST: Attorney John S. Moot | AND: Much more...
By Brad Friedman on 1/28/2015 6:45pm PT  

If you were looking for a fresh reminder as to why Vote-by-Mail is a terrible idea, why provisional ballots are not the same as actually casting a vote, and why there needs to be more accountability for and oversight of election officials, today's BradCast on KPFK/Pacifica Radio should fit the bill.

In short, we cover the election contest now pending in the race for City Council (Seat 1) in the San Diego County city of Chula Vista, CA. The certified results from the November 2014 election show a 2-vote margin between the John McCann (R) and Steve Padilla (D) in a race with some 37,000 ballots cast. McCann has been certified as the "winner".

Trouble is, according to the lawsuit [PDF], at least 15 mail-in and provisional ballots were rejected, even though the signatures on them matched the signatures from the voters' registrations on file. That, argues attorney John S. Moot (my guest this week, and a former Chula Vista City Council Member himself), is in violation of the law.

The other trouble is, those ballots were rejected by San Diego County Registrar Michael Vu, who was the infamous Election Director of Cuyahoga County, Ohio's most populist (and most Democratic) county during the 2004 Presidential election, when two of his immediate subordinates were indicted and found guilty of rigging the Presidential "recount" in Cuyahoga. Yes, if you didn't know or don't remember, there was a partial "recount" of that election, across the entire Buckeye State, as requested by the Green and Libertarian Parties. And, yes, it was found to have been rigged in a court of law.

Vu, who was protected at the time by the Republicans who ran the Cuyahoga Election Board, was never charged and was happily hired not long thereafter by San Diego County, where elections have been little more than a joke for many years, even before Vu got there.

For the full story on this, listen to this week's show and Moot's commentary on the suit he's filed on behalf of his client, a long-time poll worker and voter from Chula Vista.

ALSO on this week's program: Accountability, finally, for an election official elsewhere (in St. Louis County, MO), and the fake "voter fraud" activist set to testify at AG-nominee Loretta Lynch's very real U.S. Senate nomination proceedings. Plus, as usual, much more, including Desi Doyen with the latest Green News Report.

Enjoy!...

Download MP3 here or listen online below...

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By Brad Friedman on 1/28/2015 1:30pm PT  

As our friend Digby noted after re-tweeting this genius/grifter/federal felon: "I just wanted to share some thoughts from the intellectual wing of the conservative movement"...

I had retweeted him as well. With comment. Those comments, and one from an actual scientist, follow below...

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

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By Brad Friedman on 1/28/2015 11:08am PT  

Prepping for today's BradCast (in which we'll be covering a fascinating election contest concerning a two vote margin, several questionably tossed provisional and mail-in ballots, and an election official with a notorious past), so I've only got time to pop this item very quickly for now.

It's an upcoming SuperBowl ad for BMW. But it's very cute. And since Tesla has shamefully failed to donate an electric car to The BRAD BLOG's Green News Report despite years of persistent prodding (okay, begging), maybe its time we start kissing up to a totally different electronic car company by posting their commercial for free...

[Hat-tip to far-too occasional BRAD BLOG contributor D.R. Tucker]

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 1/27/2015 3:47pm PT  


 

IN TODAY'S RADIO REPORT: Hits, misses and hype in a not-so-historic Blizzard 2015!; The influence of global warming on the storm, with a 100% chance of denial; U.S. Interior Dept. to expand offshore drilling, as another pipeline explodes in West Virginia; PLUS: Obama calls on Republicans to permanently protect the Alaska National Wildlife Refuge... All that and more in today's Green News Report!

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

Link:
Embed:

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): We can solve climate change, but it won’t be cheap or easy; Study: Global warming 'doubles risk' of extreme weather; 10 predictions for clean energy in 2015; Greenland lakes speeding ice sheet melt; Obama and Modi agree to advance nuclear energy in India; Anadarko's record $5 billion settlement; PA fracking companies routinely violate environmental laws... PLUS: Fossil-fueled Koch-backed network aims to spend nearly $1 billion on 2016 elections... and much, MUCH more! ...

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

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Catherine Engelbrecht's work has been described as 'downright goofy' by revered Reagan-appointed conservative judge...
By Brad Friedman on 1/26/2015 6:27pm PT  

While it's amusing enough that former CBS News reporter Sharyl "BENGHAZI!!!" Attkisson has been scheduled by Republicans to appear at this week's Senate confirmation hearings of U.S. Attorney General nominee Loretta Lynch, another "expert witness" called by Senate Judiciary Committee Republicans is, arguably, even more absurd.

Catherine Engelbrecht, the founder of the fraudulent Republican "voter fraud" group calling themselves True the Vote, is also scheduled to be called as a witness. Last September, as Dave Weigel notes at Bloomberg, when AG Eric Holder announced his intention to resign after a replacement was confirmed, Engelbrecht accused Holder of having carried out a "radical, racialist assault on voting rights."

That's her opinion, of course, but for her own sake, given her group's hilarious track record of failure, prevarication and complete fabrication, the GOP may not want to force this woman to be sworn in before she testifies this week...

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

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By Brad Friedman on 1/26/2015 10:23am PT  

There's a reason why we always refer to Fox "News" here with quotes around that second word. Simply put, they're not a news outlet, they're a Republican propaganda outlet. That's fine, but it ain't news. Looks like the White House may have finally developed their own quiet version of that, as noted by Shepard Smith following his pre-SOTU luncheon at the White House last week...

In 2009, the White House took a bunch of push-back (and largely folded to it), when their Communications Director at the time told CNN: "What I think is fair to say about Fox --- and certainly it's the way we view it --- is that it really is more a wing of the Republican Party. They take their talking points, put them on the air; take their opposition research, put them on the air. And that's fine. But let's not pretend they're a news network the way CNN is."

They were right (correct, I mean, if not necessarily politically wise), in calling out Fox back then for what they are, even as they publicly backed off the accurate assertion in the face of the usual outrage --- OUTRAGE! --- from the Fox "News" Stooge Brigade. They are no less correct now in dropping the word "News" when referring to Fox...even if it wasn't necessarily meant as a slight in this case. It just happens to be true. Sorry, Shep.

[Hat-tip Blue Nation Review & @JillEBond on the Twitters.]

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By Brad Friedman on 1/25/2015 7:35am PT  
The BRAD BLOG is now 11 years old! Seriously. And holy crap.

I can't thank all of our readers enough --- not to mention all of our many content contributors over the years --- for all you've done to help support our work here over so many years.

While 11 years is not as much of a milestone as, say, our 5th or 10th birthdays, it still kinda blows my mind as we head into our 12th year of non-stop, independent trouble-making and muckraking. Even as we do, of course, I still need your help as we continue to fight the sometimes-impossible odds of remaining completely independent of corporate or partisan or foundational control.

So, if you can help us out with a Happy Anniversary present today, it'd be greatly appreciated! If you can afford to make that gift a monthly sustaining pledge, it is all the more appreciated as I continue to fight to figure out ways to afford to keep us going here. (Yes, I hate the fund raising even more than you do! Unfortunately, its a necessity, no matter how bad I am at it!) At any rate, my thanks for whatever you can do to help support us, whether that means donating, commenting, sharing links or simply taking action in some way on something that you've learned here. It all means a great deal. So, thank you. Very much. For all. --- Brad

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(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

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By Brad Friedman on 1/23/2015 3:33pm PT  

While the specific names of U.S. Senate and House committees don't always foretell precisely what very specific areas they may oversee or regard as their own purview, the renaming of such a committee by its new chair, as is occasionally done at the start of a new session, particularly when control of the chamber changes hands from one party to another, can be very telling.

I believe this may be one such instance where quite a bit can actually be read into the new name for what had previously been the U.S. Senate Judiciary committee's "Subcommittee on the Constitution, Civil Rights and Human Rights"...

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

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(If they are capable of being embarrassed...)
By Ernest A. Canning on 1/22/2015 5:52pm PT  

Sean Hannity and his friends on the Republican right must be furious about the outrageous land grab happening to private American citizens in Nebraska. Wait, what? He's in favor of the Keystone XL pipeline project anyway? How could that be?

The pipeline's owner, TransCanada Corp., has now filed an eminent domain action in a Nebraska state court seeking to force private landowners to grant an easement that would permit the Canadian-owned company to erect sections of the highly controversial Keystone XL on privately owned land.

The new filing comes on the heels of a controversial decision earlier this month in which a 3-judge minority of the 7-judge Nebraska Supreme Court were permitted to overturn a lower court ruling that the process by which the state's Republican Governor Dave Heineman permitted TransCanada to revise the pipeline's route was unconstitutional. Heineman's decision was upheld because of a Cornhusker state requirement that state constitutionality be determined by a super-majority of high court's justices. (The new route was necessary after both the Republican Governor and GOP-controlled state legislature objected to the originally-planned route.)

While the Nebraska Supreme Court's decision at the time served to shift the immediate focus of the debate back to Washington D.C., where the Republican-controlled House voted for fast-track approval of the pipeline and a similar bill is quickly working its way through the newly GOP-controlled U.S. Senate, TransCanada's eminent domain filing in the state may prove a major embarrassment to those same elected Republicans. Many of those same GOPers, and their mouthpieces in the media like Hannity, have previously declared fierce opposition to eminent domain abuse that occurs when either state or local entities condemn properties owned by ordinary citizens, where such condemnations primarily benefit commercial interests of wealthy corporations and developers...

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

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 1/22/2015 3:36pm PT  


 

IN TODAY'S RADIO REPORT: President Obama's State of the Union focuses on climate change; Republicans' sneaky move to give the Keystone XL pipeline a new name; Yellowstone River pipeline spill spews oil and cancer-causing benzene; PLUS: Yes, Republicans vote climate change is not a hoax --- but there's a catch... All that and more in today's Green News Report!

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

Link:
Embed:

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): Global nuclear decommissioning costs spiral; Good news: India's tiger population rebounds; What's the best way to drill for oil in a mostly untouched Alaskan tundra? Feds disagree; Organic farmers say pesticide drift contaminates and kills; US research labs lets livestock suffer in quest for profit; NM county's fracking ban struck down; Cutbacks in the Oil Patch... PLUS: VIDEO: “..a Bloodbath”: Efficiency, Renewables and Smart Grid will Kill Old Energy... and much, MUCH more! ...

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

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By Brad Friedman on 1/21/2015 6:19pm PT  

I was joined on this week's KPFK/Pacifica Radio BradCast by some of the best bloggers/journalists in the nation (who all happen to live in L.A.) to discuss and deconstruct Obama's 2015 State of the Union Address, the Republican response and more.

Our star-studded in-studio roundtable panel included (from left to right in the photo above) David Dayen of Salon, Heather 'Digby' Parton of Hullabaloo, John Amato from Crooks And Liars, me and Desi Doyen (not pictures, but ever present.)

Nuff said. Listen up...

Download MP3 here or listen online below...

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Removal of Rita Days follows our exclusive report on warnings sent before the election about likelihood of paper ballot shortages...
By Brad Friedman on 1/21/2015 12:03am PT  

St. Louis County Director of Elections Rita Days, a former Democratic state Senator who we reported on last November, was unanimously removed from office by the County Board of Elections Commissioners on Tuesday night, according to a late report from KMOV...

ST. LOUIS COUNTY, Mo. (KMOV.com) --- After coming under scrutiny for problems during last year's elections, the St. Louis County Director of Elections is being forced out of her position.

Rita Days was unanimously voted out of the position by the Board of Elections Commission.

Days came under criticism last November when thousands of voters had to wait longer than expected because polling stations ran out of paper ballots.

There is not yet word on who will replace Days.

In the weeks following the November 2014 election, The BRAD BLOG reported exclusively on emails sent to Days by local Election Integrity advocates in advance of the election, advising that her plan for deploying paper ballots would likely fall short of demand on Election Day. It did. As St. Louis Public Radio reported on the day after the election, "unexpected demand for paper ballots caused a shortage at about 95 polling places throughout the county Tuesday. That's more than 20 percent of the county's 444 balloting sites."

But, as we detailed in our own report, the demand was not "unexpected", as Days had been warned, well in advance, about the likelihood of paper ballots running out...

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

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By Brad Friedman on 1/20/2015 2:35pm PT  

The good news, which Republicans in Congress won't care about, because it involves Americans, as opposed to (profits for foreign) corporations, is that, according to a new NBC/WSJ poll, just 41% of the American public supports building the Keystone XL pipeline.

The not-as-good news, however: Just 20% oppose it, while a full 37% "say they don't know enough to have an opinion".

It's somewhat astonishing, frankly, that so many still "don't know enough" about it after all this time. But that's certainly what its supporters are counting on.

It'll be interesting to see if the news about the oil pipeline rupture in Montana's Yellowstone River on Saturday --- and today's report that it has contaminated the drinking water supply with cancer-causing Benzene --- will have any effect on those poll numbers.

The Guardian reports: "Truckloads of bottled water were expected to be brought in on Tuesday, and residents were warned not to drink or cook with water from their taps. Up to 50,000 gallons of oil spilled on Saturday from a break in a 12-inch pipeline owned by Wyoming-based Bridger Pipeline Co." This week's spill follows another pipeline rupture on the Yellowstone in 2011 that dumped 63,000 gallons of crude along an 85-mile stretch of the river.

By way of comparison to the KXL, the pipeline that broke on Saturday, spilling "up to 50,000 gallons", was just a 12-inch pipe, while the the KXL, if completed, will be a 36-inch pipeline stretching from Canada down to the Gulf of Mexico, right across the water supply for much of the Midwest. What could possibly go wrong?

And one more quick related point: Republican majorities (along with the help of a few pro-KXL Dems) blocked two Democratic amendments today to the GOP Senate bill to require completion of the pipeline. The amendments, proposed by Senators Ed Markey (D-MA) and Al Franken (D-MN), would have required that all of the dirty oil transported through the pipeline be sold in the U.S., and that the pipeline be built with American-made steel.

Do the world a favor and feel free to pass on this short article to a few of those folks who "say they don't know enough to have an opinion" on Keystone XL.

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 1/20/2015 12:38pm PT  


 

IN TODAY'S RADIO REPORT: Confirmed. Again. NASA and NOAA find 2014 breaks record for hottest year; More new studies warn human impacts threaten our life support systems; PLUS: 'A glimmer of hopefulness in all this'... All that and more in today's Green News Report!

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

Link:
Embed:

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): Yellowstone River pipeline oil spill triggers drinking water advisory; Rooftop solar enhances home re-sale values; Court rules farms can be held liable for manure pollution; Where have all of California's big trees gone?; GOP Senators quietly supporting increase in gas tax; Expert: oil companies will never address climate change; Nebraska landowners sue over Keystone XL... PLUS: The end of the partisan debate over climate change?... and much, MUCH more! ...

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

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'Rephrased' questions to be heard by Court may not result in as definitive ruling as hoped, expected...
By Brad Friedman on 1/20/2015 6:35am PT  

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:

1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?

2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

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":

1. Do same-sex couples have a constitutional right to marry in states which have not formally recognized the right to do so?

2. Must states, which do not permit same-sex couples to marry, recognize the marital rights of those same-sex couples who have chosen to marry in other states where it is permitted?

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?...

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

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