On today's BradCast we cover a number of important new rulings on a number of important cases around the country --- and most of those rulings are actually very good news!

I'm joined by Desi Doyen and The BRAD BLOG's legal analyst Ernest A. Canning to discuss several of them (after a blessedly short few minutes on Trump and Fox 'News' at the top --- you're welcome!), including:

• The matter of the nation's dumbest Governor, Maine's Paul LePage (R), who tried, but failed, to properly veto some 65 pieces of legislation passed by his state legislature. The verdict is now back from the state Supreme Court, to whom LePage had appealed to help fix his epic failure. Suffice to say, LePage remains the nation's dumbest Governor.

• A Colorado state appellate court has now ruled on the case of a local baker who says he really doesn't mind serving gay people in his shop at all...unless they want to buy a cake to celebrate their wedding. Should he be allowed to refuse service based on a so-called religious belief?

• The Connecticut Supreme Court rules on the constitutionality of the state's death penalty after the legislature passed a law banning its use...on everybody except the 11 prisoners who were already sentenced to die before the state's moratorium was passed.

• A U.S. Appeals Court rules on whether Idaho's "Ag-Gag" law, barring journalists and whistleblowers from video taping abuses at factory farms, feed lots and slaughter houses, etc.,. violates the Constitution's First Amendment and whether those who violate that law can be thrown in jail, as the law mandates!

• A U.S. Appeals Court in Texas has ruled against the state Republicans' disenfranchising Photo ID voting restriction, finding it a violation of the Voting Rights Act. But will the state GOP be successful in appealing and/or forestalling that ruling until after next year's elections?

All of the above and more discussed, debated, analyzed and dissected on today's BradCast! Plus, the the latest Green News Report on the U.S. Forest Service now spending half of their budget on fighting fires, thanks to global warming, and Elon Musk stepping up to help save Africa...with the power of the sun...

Download MP3 or listen online below..

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IN TODAY'S RADIO REPORT: Toxic mine spill contaminates waterways across three Southwest states; Only one mention of climate change in both Fox 'News' debates last week; Ohio Gov. John Kasich backtracks on global warming; PLUS: Shell Oil breaks up with ALEC... All that and more in today's Green News Report!

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): US Carbon Pollution From Power Plants Hits 27-Year Low; Scotland To Ban Growing of Genetically Modified Crops; Hot Enough for You? This Is Just the Beginning; Inside Shell’s Extreme Plan to Drill for Oil in the Arctic; Toxic Algae Blooming in Pacific from California to Alaska Is Affecting Your Seafood; Japan Restarts Reactor After Break Due To Fukushima... PLUS: Australia unveils emissions reduction target ahead of Paris talks, is immediately criticized... and much, MUCH more! ...

On today's BradCast, we catch up and clean up a number of messes that got buried --- or, in the case of one story, flowed down stream --- amid last week's incredibly busy news week.

Desi Doyen joins me to cover a whole bunch of stories today: from Jon Stewart's final Daily Show; to the jury's verdict in the sentencing phase for the Aurora, CO movie theater shooter; to the shootings that didn't happen at a movie theater in TN last week; to a few comments from the Fox 'News'/GOP debate that the media didn't focus on because the comments didn't have anything to do with Donald Trump (although one really important one did).

Plus: Breaking news out of Ferguson, MO today and the new toxic mess now fouling waterways in the U.S. Southwest. Buckle up and enjoy!...

Download MP3 or listen online below...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

In a carefully reasoned, 29-page decision, Chief U.S. District Court Judge B. Lynn Winmill struck down, as unconstitutional, an "Ag-Gag" statute that, according to the court, had been drafted for the express purpose of shielding Idaho's agricultural and dairy industries "from undercover investigators and whistleblowers who expose the agricultural industry to 'the court of public opinion.'"

"Under the law," the decision explains, "a journalist or animal rights investigator can be convicted for not disclosing his media or political affiliations when requesting a tour of an industrial feedlot, or applying for employment at a dairy farm. An employee can be convicted for videotaping animal abuse or life-threatening safety violations at an agricultural facility without first obtaining the owner’s permission." The offender not only faces up to one year in prison, but could be ordered to pay twice the economic loss an owner suffered as a result of publication of the video even if its content was true.

The Animal Legal Defense Fund (ADLF) and several other organizations, including the ACLU, filed the federal lawsuit and moved for summary judgment, alleging that the Idaho "Ag-Gag" statute violated both the First Amendment right to free speech and the Equal Protection Clause of the 14th Amendment. The court agreed, expressly noting that "agricultural...operations that affect food and worker safety are not exclusively a private matter" and that the right to free speech includes the ability to rely upon audio and visual recording...

 

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!

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): 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! ...

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.

And...we were back live this week on the KPFK/Pacifica Radio BradCast for our first show of the new year.

And it wasn't a moment too soon for today's breaking Chris Christie BridgeGate blockbuster and our coverage of the Fox 'News'-ification of CBS News following yet another failure on Sunday by 60 Minutes.

Also, the latest breaking news on marriage equality in Utah, my personal Obamacare "nightmare", Desi Doyen with a chilling Green News Report and loads of great callers!

It's good to be back. Hope you'll agree...

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

Over the years, whenever I chat with one of my neighbors (who happens to be gay) about various issues of marriage equality in the news, the state of Utah inevitably seems to come up as the conversational worst-case-scenario stand-in for the dying status quo.

"It'll be interesting to see what effect the new Supreme Court ruling in the Windsor case will have across the country," I might say. "Will a gay couple who were married in California, for example, suddenly stop receiving their federal recognition and marriage benefits if their job requires that they must move to, say, Utah, for their work? Will the courts stand for a couple receiving full federal recognition in one state, but allow that recognition to be removed simply because they moved to another? That doesn't seem either legally or Constitutionally sustainable...Even in a state like Utah."

Welp, guess we now have our answer to that speculation at least, and much more specifically than any of us might have thought over the past year or three, now that a federal judge yesterday found Utah's state constitutional ban against gay marriage to be in violation of the U.S. Constitution. Some 30 other states currently have similar laws or state constitutional bans on equality for all.

"The court holds that Utah's prohibition on same-sex marriage conflicts with the United States Constitution's guarantees of equal protection and due process under the law," Judge Robert J. Shelby (an Obama appointee) wrote in his 53-page ruling at the U.S. District Court for the District of Utah, Central Division. "These rights would be meaningless if the Constitution did not also prevent the government from interfering with the intensely personal choices an individual makes when that person decides to make a solemn commitment to another human being."

I guess I'll have to find another "Utah" for purposes of neighborly speculative conversation about equal marriage rights legal issues. The Deep South states like Mississippi or Alabama might have seemed like good candidates. But between the fairly clear, conservative --- and surprisingly early --- holiday message sent by Judge Shelby in the Utah case yesterday (which is, of course, being appealed by the state, but that will fail soon too), and the awesome message from this Daily Show video from last month, I suspect we'll be running completely out of status quo states all together pretty soon. Or, at least, we'll have 50 status quo states...

What do Minnesota, Wisconsin, Utah, and Arkansas all have in common? If you said "None of those teams are in the 2013 NCAA Men's Final Four," you wouldn't be wrong this year, though you also wouldn't be correct - at least within the boundaries of our topic for today.

If your answer was, "All four states have experienced massive oil spills within the last year - and three within the last two weeks," you'd be correct, unfortunately.

The latest disaster this weekend saw thousands of barrels of thick tar sands oil spewing from a ruptured Exxon Mobil pipeline into a residential neighborhood in central Arkansas. Twenty-two homes had to be evacuated, in a spill that literally saw oil running down residential streets and between houses. Take a look...

Of course, since it was a holiday weekend, smack-dab in the middle of Congress' latest two-week vacation, it was nearly impossible to find a politician of any kind with something serious to say about the latest disaster. That doesn't surprise us, since politicians of all kinds have been slipping and dancing around the issues of oil and environmental safety for far too many years now.

For all the work the Obama Administration has done on environmental issues --- like requiring much better fuel standards for cars and trucks, or clamping down on emissions --- the fact of the matter is, none of that will matter if President Obama and other politicians don't stop the Keystone XL pipeline route through Nebraska and all the way down to the Gulf of Mexico.

No matter what the decision is on the Keystone pipeline, the most important liquid flowing through Nebraska over the next hundred years won't be oil --- something a task force in the Nebraska Legislature made very clear last week...

 

IN TODAY'S RADIO REPORT: L.A. to be 100% coal-free; TN conservatives slam mountaintop removal coal mining - by China; NV coal company faked air pollution reports; Green jobs are the fastest growing job sector in the nation; PLUS: Leave it to beavers - 'hero' beaver dam halts oil spill ... All that and more in today's Green News Report!

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): State Dept. hid ties to Keystone XL pipeline company; Toyota Unveils New I-Road; NOAA: ‘Robust’ independent evidence confirms thermometer measurements; Climate Science Denier Leads House Science Subcommittee; Pope Francis calls for defending environment; Report: Security risks of climate change; Enviro groups criticize Obama's DOE nominee energy industry ties; Polar bear habitat shrinks even more... PLUS: How to cut U.S. gasoline use in half by 2030 ... and much, MUCH more! ...

The Oct. 23, 2012 Third Party Presidential Debate between four candidates vying, along with President Obama and Mitt Romney, for the office of the U.S. Presidency, provided a rare, yet valuable glimpse at what a genuine, representative American democracy might look like. The worthy discussion, at the very least, should be read via text transcript, exclusively available here at The BRAD BLOG, for those who lack the time to watch the ninety minute video, embedded below.

Unlike Democracy Now's three expanded debates, which presented third party candidate responses to the questions posed at the three "official" Presidential debates and one Vice-Presidential debate sponsored by the so-called Commission on Presidential Debates, the Oct. 23 debate provided a forum that was not tethered to what co-moderator Christina Tobin of the Free and Equal Foundation, the organizers, described as "the private interests who control our beliefs, our opinions and our lives." Here, questions were neither posed directly by, nor filtered through corporate media-controlled moderators. Rather, they were presented, word-for-word, as submitted by citizens through social media.

With the single exception of the failure of Libertarian Candidate and former New Mexico Republican Governor Gary Johnson to say where he stood on "top-two" primaries (aka "Cajun primaries"), it was a debate in which all candidates left no room for doubt as to where they stood. It was a debate that included in-depth discussion on a wide variety of issues of vital importance, many of which were understandably evaded not only by the two major party Presidential candidates, but by the corporate media in the official debates, because those issues conflict with corporate wealth and power, including the wealth of the corporate-owned media.

It was a debate that began with Tobin's promise of future debates between "more candidates at every level of government" and ended with her surprise announcement of a final, foreign policy debate, next Tuesday, Oct. 30, commencing at 9:00 p.m. ET, broadcast via RT America, between two of the four candidates to be selected via an [ugh] online, instant run-off vote...

Democracy Now!'s "extended second debate" (see video below), featuring third-party candidate responses to questions from last week's "official" Presidential Debate at Hofstra University side-by-side with the two main party candidates, illustrates the malaise of an American electorate which senses a fundamental disconnect between the promise of "change we can believe in" offered up by one of two corporate sponsored candidates, even as political and economic inequality, outsourcing and war have expanded over the past four years.

Yet, the only other voice generally offered to the American electorate is the 21st century equivalent to a snake-oil salesman, whose entire work in the private sector, along with a brief stint as a governor, have been devoted to outsourcing, predatory capitalism and greater inequality. He is a candidate who not only seeks to retain the deficit-exploding Bush tax cuts, but wants to pile on with a $5 trillion pig-in-a-poke tax cut for the billionaire class. That tax-cut, coupled with a massive give-away to the military-industrial complex would, of necessity, reduce government to the point that it would be incapable of performing its constitutionally recognized core function of promoting the general welfare.

The comments made by Dr. Jill Stein, the Green Party Presidential candidate, at the time of her unsuccessful attempt to enter the second Presidential debate --- an attempt which resulted in her being arrested and cuffed to a chair for eight hours --- along with the substantive dialogue produced by Stein, Justice Party Presidential candidate Rocky Anderson, and Constitution Party Presidential candidate Virgil Goode, Jr., during Democracy Now's "extended second debate", underscore what Noam Chomsky referred to in Failed States as the "democracy deficit" --- the significant gap between the policy positions of the vast majority of American citizens and the political elites who supposedly represent them...

Well this item from Washington Posts' "The Fix" blog today is rather troubling. It seems the the media consortium which previously ran Exit Polls on Election Day --- the best indicator of fraud and failure in election results (as opposed to pre-election polling which is far less accurate) --- is being scrapped in some 19 states, for the very first time, in the upcoming Presidential Election...

That would seem to be an invitation to fraud in those states, since Exit Polls have traditionally served as a helpful check and balance against fraudulent or simply inaccurate election results, particularly for the almost 100% unverified election results that the media now count on to report results in all 50 states. Those results come from often-failed, easily-manipulated computer tabulators used across the entire country.

This news is disturbing, as you probably already noticed, for a number of reasons...

Given disenfranchising polling place Photo ID restriction laws Republicans have enacted in nearly a dozen states over the past year, you'd think there was an epidemic of Democratic "voter fraud" in this nation. That's certainly the way the GOP has framed it, fooled the corporate mainstream media into reporting it, and even scammed the White House and Congressional Democrats into going along with it when they signed legislation that defunded ACORN, a four-decade old community organization never found to have committed voter fraud, or even helped to see a single fraudulent vote cast in any election anywhere.

As it turns out, not only is there no such epidemic of Democratic voter fraud, but the opposite is true. Over the past year, very high profile Republicans --- including this year's presumed standard bearer, Mitt Romney; the Sec. of State of Indiana (the first state to institute polling place Photo ID restrictions) Charlie White; one time GOP front-runner Newt Gingrich; MO's new GOP nominee for the U.S. Senate Todd Akin; and the group hired the Sacramento, CA Republican Party to collect voter registrations this year for Rep. Dan Lungren; among others (all detailed below) --- have each been revealed as having committed or participated in election fraud --- both voter registration fraud and actual voter fraud --- in state after state.

One might even call it "an epidemic". Or, if you prefer, "one of the greatest frauds in voter history, maybe destroying the fabric of democracy," as then GOP Presidential nominee John McCain described what Republicans pretended ACORN was doing back in 2008 (just before it was revealed he had previously been the group's keynote speaker where he told ACORN's members they were "what makes America special.")

So really, should we be surprised to learn that four aides to former long-shot GOP Presidential candidate and U.S. House Rep. Thaddeus McCotter --- Representative of the state's 11th and one of its most Republican districts --- were indicted yesterday on dozens of criminal felony and misdemeanor election fraud charges for having turned in over 1,500 forged and falsified signatures in a "blatant" and "disgraceful" attempt, as the state's Republican AG described it, to qualify the Congressman for this year's ballot?...

[Now UPDATED with audio archives below...]

We're drafted into duty tonight, once again, to guest host the nationally syndicated Mike Malloy Show! (We'll also be filling in next Friday and the Thursday and Friday after that.) Hope you can join us tonight!

As usual, we'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• LOTS TO CATCH UP ON! I've got too many stories and not enough time to list them all here. But we'll try to get the stories straight on everything from the Budget Compromise (heading to a deadline tonight), the controversial NDAA bill, the nonsense on the Keystone XL pipeline from last night's idiotic GOP Debate on Fox "News" to a bevy of voting and election related stories, from the Recall Walker effort in WI to the amazing story of Venango County, PA's disturbing discoveries from their landmark forensic analysis of their 100% unverifiable ES&S touch-screen voting systems! We'll also have the latest news on whether Clear Channel will allow progressive Green960 to stay on our public airwaves in San Francisco.
• A FEW FRIENDS Our own DESI DOYEN of the Green News Report will be joining us to sort some of this all out! And we'll also be checking in for a special simulcast with Thom Hartmann's producer JACOB DEAN, host of Filter Free Radio and one of many hosts from Nicole Sandler's RadioOrNot.com network's 24-hour OccuThon, kicking off tonight in support of the Occupy Wall Street movement!
• PLUS! Your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: Tonight's show flew by! At least for me. Buckle up and see if it does for you as well! The commercial-free audio archives (as well as the chat room archives) are now posted below! Enjoy!...