We're back live on today's BradCast after a much-needed holiday break. Thanks to those of you who helped us avoid disaster last week! Now the question is whether we'll be able to avoid disaster in next year's Presidential election where we will have "as stark a choice as the United States has ever faced."

A lot happened while we were off (as usual), but none as critical, as far as I'm concerned, as the mind-blowing ruling issued last week by a three-judge panel of the 8th U.S. Circuit Court of Appeal, upholding an insane lower U.S. District Court Judge's ruling in an Arkansas voting rights case.

The lawsuit, filed by the NAACP, challenges Arkansas' gerrymandered legislative maps which should --- if the rule of law and Constitution mean anything anymore --- include another five Black-majority voting districts before the 2024 elections.

However, last year, a Trump-appointed District Court Judge, while recognizing the merits of the case, found for the first time in U.S. history that individual voters and private organizations like the NAACP and ACLU have no "right to private action" to sue against violations of Section 2 of the landmark Voting Rights Act. The lower court judge found that only the U.S. Attorney General may sue to block racially discriminatory laws under Section 2. And, last week, incredibly enough, that ruling was upheld by the 8th Circuit Court of Appeals panel featuring two Trump judges and one George W. Bush appointed judge.

We're joined today by JONATHAN TOPAZ, Staff Attorney at the ACLU's Voting Rights Project, who worked on the case at both the district and appellate court level. He explains that the District Court ruling "was the first court in the history of the United States to determine that Section 2 lacked a private right of action, which means that private plaintiffs are unable to vindicate their rights under Section 2 of the Voting Rights Act. This, at the time, and is today, is an incredibly radical ruling. We appealed, because it had no basis in the text and structure of the Voting Rights Act, it had no basis in the precedent, and it certainly had no basis in the practice of decades and decades of private plaintiffs bringing suits to vindicate the incredibly important right to vote free of racial discrimination under the Voting Rights Act."

But, as Topaz goes on to explain, it got worse. Last week "a divided panel of the 8th Circuit voted to affirm the District Court's finding. So now these are the only two courts in the history of the United States that have ever made such a finding."

Indeed, the arguably even more "conservative" 5th Circuit Court of Appeal, recently found the opposite, that private plaintiffs do have the right to sue. So, the 8th Circuit Court is an outlier, with what Topaz describes as "a radical opinion on appeal to the voters of Arkansas and voters around the country."

What happens next? What will it mean if it is upheld by SCOTUS? What are the chances of that actually happening? How can it be that neither SCOTUS nor Congress nor dozens and dozens of courts have previously noticed this flaw in the VRA over the past six decades? And, if SCOTUS does find in favor of the 8th Circuit, what will that mean for the hundreds of Section 2 cases previously decided in favor of private plaintiffs? Tune in for answers to all of those questions and many more.

Also today, a bit of what suffices for "good news" out of the Middle East on Monday, as Israel and Hamas agreed to extend their four-day pause in hostilities for another two days to allow for the release of more hostages from Gaza and more Palestinian prisoners from Israeli prisons.

That largely encouraging news, however, is somewhat tempered by events back here in the U.S. over the weekend, where three Palestinian students were shot at close range in otherwise peaceful Burlington, Vermont. The three young men, all 20 years old, were heading to dinner at one of the men's grandmother's house. A suspect was arrested on Sunday. We discuss.

Then, we open things up to listeners via phone and email in our closing few minutes...

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The remaining 2024 GOP also-rans gathered for another embarrassing "Presidential Primary Debate" on Wednesday night in Miami, The front-runner rallied instead with thousands of supporters about 30 minutes north of the venue. For some reason, we cover all of it and more on today's BradCast. [Audio link to full show follows this summary.]

So much for those "culture wars". Let's have some real ones! Just in case you fell for the GOP's Trump-fueled hoax that the party has somehow become anti-war or something, Wednesday night's forum, sponsored and very poorly moderated by NBC News and the far-right Salem Radio Network, dispelled that old myth pretty quickly. The five candidates still in the running other than Donald Trump, called for wars in pretty much every corner of the globe, from Israel to Iran to China to Mexico to our own southern border. (Though some pulled their punches when it came to actually defending democracy from imperialistic autocracy in Ukraine.)

For the record, the participants on Wednesday were FL Gov. Ron DeSantis, former SC Gov. and Trump's U.N. Ambassador Nikki Haley, former NJ Gov. Chris Christie, SC U.S. Senator Tim Scott and Vivek Ramaswamy, who the NYT's David French aptly characterized as "a right-wing Twitter thread come to life."

As right-wing Twitter threads do, Ramaswamy worked hard to dominate the night with all sorts of obnoxious stuff and nonsense, no matter how off-topic, resulting in him being described as "scum" by the deceptively not-insane Haley. Though it was difficult to dispute his declaration that Republicans have "become a party of losers" following Democrats' abortion rights-fueled victories across the country in Tuesday's off-year elections --- and similar wins in 2018, 2020 and 2022.

We're joined once again for our (perhaps futile) attempt to make sense of it all in today's Special Coverage by award-winning Salon columnist and Hullabaloo blogger HEATHER DIGBY PARTON and "DRIFTGLASS" of the Professional Left Podcast from "Flyover Country, Illinois".

We discuss not only the return of full-throated, chest-thumping GOP war-mongering, in a debate that was arguably as much about the Republican Party as anything else, but a whole bunch of other stuff, including the GOP's "culture war" now in tatters, and NBC's Fox "News"-like failure to spend much time, if any, on the biggest elephant not in the room. (You know, the one that is seriously threatening the very survival of our Constitutional republic and even survival on the planet itself if he is returned to the Presidency next year.)

"It was a tough night for pundits," quips Driftglass today. "You gotta feel sorry for the people whose job it is to spin this as bad news for Joe Biden." But, he also observes: "Donald Trump wasn't there, but he was there. He was the specter hanging over everything. The specter hanging over all of us." NBC, he notes, had a responsibility to "expose how much the Republican Party itself has become a reflection of Donald Trump and MAGA. And they didn't do it at all. They didn't bring up guns. They didn't bring up democracy, the election lies. They didn't bring up any of the things that are really animating our politics."

We also spend some time today on Tuesday's pretty remarkable Democratic election victories amid the ongoing panic by too many Dems freaking out this week following recent polling showing Trump defeating Biden a year from now in five of six critical battleground states.

While Parton dismissed the usual "panic artists" making hay of polling a full year out from the election, she concedes, "it's going to be close" next year. She then adds, ominously: "It really is keeping me up at night thinking about these tens of millions of my fellow Americans who still like this guy, Donald Trump. We've got a bigger problem, I think, culturally. Something really, really toxic is going on in our body politic. I don't think it's going to go away when he does."

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It was a very good night for democracy and reproductive freedom in these United States on Tuesday, as Democrats, in almost every state holding off-year elections yesterday, continued their post-2016, Trump-era winning streak at the polls. We cover both the reported results from Tuesday and what they mean moving forward on today's BradCast. [Audio link to full show follows this summary.]

• First, the results, including major wins for abortion rights and the legalization of marijuana in the "red" state of Ohio, where Donald Trump won by 8 points in the 2020 election, and where the GOP pulled out all the stops to block the right to reproductive freedoms from being written into the Buckeye State constitution. Unverified results today show both ballot measure were adopted by voters on Tuesday by nearly 14 point margins.

• In Virginia, Dems held onto their majority in the state Senate and won back a majority in the House of Delegates. Thus, crushing the hopes --- and, perhaps political future --- of Republican Governor Glenn Youngkin while also blocking his hopes of instituting restrictions on abortion in the southern state.

• There was also a blue moon over the "deep red" state of Kentucky on Tuesday, where Trump won in 2020 by 26 points, and where the state's Democratic Governor Andy Beshear out-performed polling to defeat KY's Trump-endorsed A.G. to win a second term. Beshear vowed during the campaign to continue his fight against the state's total ban on abortion and he won on Tuesday by about five points. Statewide Democrats on the ballot below him, who did not run on abortion rights, all lost. Nonetheless, Beshear's victory may be a good omen for Democrats for another reason. The winning party in KY's off-year Gubernatorial elections has gone on to win the White House in every election this century. That's the past six in a row.

• The news was not as good for Dems in Mississippi, where long-shot challenger Brendan Presley actually under-performed polling in his challenge to the incumbent, scandal-plagued Republican Governor Tate Reeves. Presley and Reeves both opposed abortion rights. (Paying attention, Democrats?) Of course, the disastrously run election in the state's 83% Black capital city of Jackson --- ballots ran out in many locations, lines were hours long, the state's online polling locator had incorrect instructions for more than 90 polling places --- didn't help.

• But, in Pennsylvania, voters elected a new, pro-abortion Justice to their Supreme Court, and Philadelphia elected its first female Mayor (who also happens to be black).

• Voters in Rhode Island, in the only U.S. House Special Election of the night, elected Gabe Amo as their first elected Black Representative for Congress, as Dems continue their streak of out-performing in Special Elections.

• New Jersey Democrats defied expectations by actually expanding their legislative majorities in both chambers of the state's Assembly.

• And voters up in Harlem elected Yusef Salaam, a member of the exonerated "Central Park Five", to the New York City Council. Salaam had been one of five young Black and Hispanic boys arrested and forced to confess to the brutal 1989 rape and beating of a white jogger in Central Park. He was jailed at age 15 and imprisoned for almost seven years before DNA evidence exonerated all five of the young men. A then little known real estate developer named Donald Trump took out full page newspaper ads at the time, calling for the reinstatement of New York's death penalty in hopes of killing the boys. He has never retracted or apologized for his demands. He still insists the innocent boys should be executed, as he remains the Republican Party's front-runner for next year's Presidential election.

But the biggest story of the night were the huge wins for abortion rights pretty much everywhere, and the Democrats who support them. We're joined today to discuss what all of it means moving forward into 2024 by ROBIN MARTY, author of 2019's prescient New Handbook for a Post-Roe America and The End of Roe v. Wade: Inside the Right’s Plan to Destroy Legal Abortion.

Marty is also the Executive Director of the West Alabama Women's Center. She offers a lot of insight --- sometimes harrowing, sometimes witty --- into the political fight for reproductive freedoms in both the Deep South and the nation as a whole, as efforts are now reportedly moving forward to place abortion right on the ballot --- both for and against them --- in about a dozen states.

She's got a lot to share today, including her call for Democrats to run on a federal referendum to restore abortion rights nationwide. For today, however, she is enjoying yesterday's wins across the country.

"The most important thing to take away is the fact that voters are still pissed," she tells me. "This is exactly their way of showing just how angry they are. It is going to take all of us, as voters who believe in reproductive rights, to go out, vote and change government on every level. And that's what people did yesterday. They changed it in governors races, flipped statehouses, changed abortion language on the ballot. They went and took out school boards that had gone totally MAGA and had started trying to take away the ability for kids to be able to read age-appropriate sex ed books. So we, literally, are going at every level of the government, and that is going to change things back."

As to her sharp response to the every-few-months retreaded claims from political pundits that the fight for abortion rights may be losing its potency since Roe v. Wade was overturned by our corrupted Supreme Court last year, well...you'll want to tune in for Marty's sharp reply to that question...and much more...

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Assault weapons bans are still not unconstitutional. For now.

By way of a 2 - 1 decision [PDF] last Friday, a three-judge panel of the U.S. 7th Circuit Court of Appeal has temporarily upheld an Illinois assault weapons ban.

The Illinois Act makes it "unlawful for any person [except "trained professionals" and "grandfathered individuals"] within Illinois knowingly to 'manufacture, deliver, sell or purchase…an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge." The Act expressly applies to the AR-15 and to high-capacity magazines.

The issue came before 7th Circuit via three consolidated cases: Bevis v. City of Naperville, Herrera v. Raoul and Barnett v. Raoul. In two of the cases, Bevis and Herrera, federal district court judges denied motions for the issuance of a preliminary injunction whereas the district court, in Barnett, granted a preliminary injunction.

The 7th Circuit decision, authored by Judge Diane Wood, a Clinton appointee, and joined by Judge Frank Easterbrook, a Reagan appointee, overturned the Barnett preliminary injunction upon the grounds that the plaintiffs in all three cases had failed to establish a strong likelihood of success on the merits. (Michael Brennan, a Trump appointee, dissented.)

While it doesn't amount to a final determination on the constitutionality of the assault weapons ban deployed in the Land of Lincoln, at a time of unbridled carnage --- there have been more than 565 mass shootings in the U.S. over the first 10 months of 2023 --- the reasoning applied by the 7th Circuit majority offers a glimpse, at least, of sanity...

Today was Election Day in a bunch of states across the U.S. Important contests and ballot measures were before voters in this off-year election, including in Ohio, Virginia, Pennsylvania, Kentucky, Mississippi, parts of California and elsewhere. And, as covered on today's BradCast, things did not go well for voters in parts of at least two of those states on Tuesday. [Audio link to full show follows this summary.]

• As we reported at The BRAD BLOG earlier today in some detail, new, unverifiable touchscreen voting machines made by ES&S were reportedly flipping votes in Northampton County, Pennsylvania. This wasn't the type of "flipping" that we've seen many times in the past, where the screens on the voting system are not calibrated correctly and when one tries to select a candidate, a different one gets highlighted instead. This was quite different.

  At a number of precincts across Northampton, a largely suburban enclave outside of Philly, when voters selected either "Yes" or "No" in a statewide retention election for each of two judges (one D and one R), everything presumably worked as expected. But if voters chose "Yes" for one of the judges and "No" for the other, their votes would get reversed to the opposite selections. Making matters worse, the computer printout of those votes would be reversed, while the screen itself would show the voters' actual selections.

  Back in 2019, as we reported at the time, just after the ES&S ExpressVote XL systems --- wildly expensive computerized electronic pencils --- were first purchased for use in Northampton, there were a number of candidates who learned after the election they had received ZERO votes on them. That, of course, was not true, and the paper printouts from the systems were eventually used to discern what were believed to be the correct results of the elections. But, of course, there is no way of knowing if the printed paper records were actually accurate, whether voters bothered to verify them, or if they did so correctly even if they tried to. That's just a few of the problems with every touchscreen Ballot Marking Device (BMD) used across the country. (For example, every voter at every polling place in the entire state of Georgia is still forced to use similarly unverifiable BMD systems made by Dominion Voting Systems.)

  Shamefully, after the 2019 disaster, PA's Northampton County didn't dump the machines then and there and move to verifiable hand-marked paper ballots instead. Today, those same systems melted down for voters again. And, perhaps even more shamefully, the County officials who approved them for use in the first place were blaming everybody but themselves for it, including election officials and ES&S. Perhaps most shameful of all, one of the candidates who, in 2019, was reported to have received "zero" votes in his election at the time for Northampton County Judge, but later found that he had actually won the election, presided over what to do about today's mess. After the problems came to light, he was the Northampton County Judge who, rather than ordering a move to hand-marked provisional paper ballots, instructed election officials to continue using the machines despite the fact that they were reversing votes.

  One local outlet reporting on the mess described today's "solution" to the problem this way: "In cases where the error would pop up for the retention question, the county would flip the results during the post-election canvass." (!!!)

  As noted, this is just a mess. Much more on all of this on today's show. And, I suspect, we'll be covering it more in the days ahead. Let's hope there are no close elections either statewide or in Northampton when PA results are tabulated tonight.

• Also today, it is being reported that, according to several nonpartisan voting rights groups, "an extraordinarily high number" of voters in the zip code of Ohio State University never received their requested absentee ballots by mail. The state held a critical election for a Constitutional measure today to protect abortion rights, as Republicans in the state, including its Sec. of State Frank LaRose, have pulled out all the stops to block the Amendment from passage (including recently purging 26,000 voters quietly from the rolls after the election had already begun.) There is also a proposal to approve recreational marijuana on Tuesday's ballot. Once again, the results, whatever they may be, better not be close, or there will be some hell to pay in the Buckeye State, I suspect.

• In Wisconsin, Republicans appear to be working hard to ensure chaos for next year's critical Presidential election in the Badger State. State Assembly speaker Robin Vos, last week, advanced 15 articles of impeachment against the state's top election official, as part of their years long effort to blame someone --- anyone! --- for Donald Trump's 2020 loss in the battleground state.

• And, speaking of 2020, Mark Meadows, Trump's former Chief of Staff and current co-defendant in the conspiracy case against them and 17 others for attempting to steal the Presidential election in Georgia, is being sued by his own book publisher. The publisher, All Seasons Press, claims that Meadows' reported cooperation in Special Counsel Jack Smith's federal indictment against Trump for his attempt to steal the 2020 election, contradicts Meadows claims in his book that the election was "rigged" and "stolen". ASP is now suing Meadows for millions. And it's hilarious.

• Finally, Desi Doyen joins us for our latest Green News Report, as Australia braces for another record bushfire season amid an El Nino; October 2023 is officially declared the hottest October ever recorded on the planet; Michigan enacts sweeping climate and environmental legislation; and President Biden unveils the nation's largest investment in rail travel in 50 years...

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Tomorrow is a so-called "off-year" election in a number of states. But several of those elections may tell us quite a bit about the 2024 elections, and not necessarily in the way you may think, as reported on today's BradCast. [Audio link to full show follows this summary.]

Among today's stories...

• First up, some quickish news updates. Donald Trump took the stand on Monday in court in Manhattan for three and a half hours of contentious testimony in his losing battle to save his fraudulent company and his children's inheritance in New York State's $250 million fraud lawsuit against them for falsely inflating Trump Organization assets to the tune of $2.2 billion dollars each year from 2011 through 2021. He's already lost the case. Now the question is how much it will cost him (and his children.)

• Next, a few quick updates on Israel's relentless war against the people of Gaza following the Hamas attack against Israel on October 7, which killed at least 1,300. Now, more than 10,000 have reportedly been killed in response in Gaza, including more than 4,000 children. Calls for a ceasefire are getting louder in the U.S. and around the world. The Biden Administration's calls and Sec. of State Antony Blinken's shuttle diplomacy in the region for a "humanitarian pause" to speed additional humanitarian aid into Gaza and allow the release of some 240 hostages, have yet to gain much traction from Israel's hard-right government.

• Then, it's on to Tuesday's elections, first with a focus on two Gubernatorial contests in the Deep South, with one popular incumbent Democrat (Kentucky's Andy Beshear) seeking a second term, and another Democrat (Mississippi's Brandon Presley) vying for a long-shot victory now that his state, where 40% of the population is black, has finally done away with a Jim Crow law that has dampened African-American turnout for generations.

• We discussed the critical fight for control of the Virginia Senate and House of Delegates last week with former VA Delegate Mark Levine. But it was worth revisiting today for a reminder of how much is stake in the Commonwealth on Tuesday, including the right to abortion, which its Republican Governor, Glenn Youngkin, is vowing to restrict if he can hold the House and flip just two seats in the Senate on Tuesday. Every seat in the General Assembly is up for grabs this year, in what is likely to be seen as a bellwether ahead of the 2024 Presidential contest.

  But the biggest battle of the day is likely to be Ohio's Constitutional amendment to protect reproductive freedoms. Republicans are pulling out all the stops to lie, cheat and, yes, even steal it if they must, to block the popular ballot initiative in hopes of instituting a six-week ban on abortions in the Buckeye State with no exceptions for rape or incest. To that end, Republican Sec. of State and U.S. Senate nominee-wannabe Frank LaRose recently purged some 26,000 voters from the rolls. He did so after overseas and military voting had already begun (which would have been unlawful during a federal election) and without giving a heads up to voting rights groups as he has in the past. Those nonpartisan groups have frequently discovered and prevented thousands of errors in such purges. Last week's shocker, as discussed on Thursday's show, wherein I learned from an obituary on the Internet that I had died (even though, I assure you, I haven't) is a reminder of how easy it can be to wrongly remove "dead" voters from the roles who are, in fact, quite alive. At least when you do it as LaRose has done. But, of course, that's why he did it.

  And, in what may be a bit of a sleeper "bellwether" for next year's elections, one county in Northern California may be bracing for potential political violence, as rightwingers in Shasta County are insisting on hand-counting ballots after prematurely ending their contract with Dominion Voting Systems. But the elected registrar --- the only county-wide elected Dem in the County --- believes it wise to follow state law and tally with new Hart-Intercivic tabulators instead. Tune in for details. And keep your eyes on Shasta over the next few days, as we will.

• Then we close by taking a few calls from listeners on some of the above today. Buckle up! Not as much for today's show or our callers, but for tomorrow's otherwise low-key, but critical elections around the country...

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With everything else going on both here in the U.S. and around the world you can be forgiven for losing track of the fact that next Tuesday is an important off-year Election Day in a number of states, including Kentucky, Mississippi, New Jersey, Ohio, Virginia and elsewhere. On today's BradCast, we try to get you caught up on a number of key contests and the stakes for what will be seen next week --- correctly or not --- as bellwether elections in advance of next year's critical 2024 Presidential contest. [Audio link to full show follows this summary.]

There are some interesting Gubernatorial races next week. In "deep red" Kentucky, the state's popular Democratic Governor Andy Beshear will be running for a second term. And in even "deeper red" Mississippi, dysfunctional infighting among state Republicans could translate into what would be a surprise, long-shot victory for Democratic candidate Brandon Presley. But, as our guest suggests today, elections tend to be won by the voters who show up.

In Ohio, as you may recall, back in August, Republicans attempted to use a last minute, single-issue Special Election to adopt a ballot initiative that would mandate all future amendments to the state Constitution require a 60% majority for passage, instead of a simple majority, as has been the case for over a hundred years in the Buckeye State. That measure, Issue 1, failed. It wasn't even close. Voters understood that it was clearly a scheme meant to derail a popular state Constitutional initiative to protect abortion rights scheduled for the November 7 ballot in response to the overturning of Roe v. Wade by the U.S. Supreme court last year and state GOP lawmakers adoption of a 6-week abortion ban with no exceptions for rape or incest.

Ohio's popular Republican Governor, Mike DeWine, has been lying to voters about next week's ballot initiative to protect reproductive freedoms by calling Issue 1 (yes, confusingly, it has the same name as the GOP's failed measure in August!) "too extreme" for Ohio. Of course, there is nothing extreme about it. Which is why state Republicans are lying to voters and even succeeded in convincing the state's GOP-leaning Supreme Court to allow them to use a "summary" of the measure on the ballot, rather than the actual text of the initiative (which was shorter!), to replace the word "fetus" with "unborn child". Hopefully Buckeye Staters don't fall for that scam either.

In Virginia, every seat in the General Assembly is up for grabs this year, as Democrats need to flip just a handful of seats to retake the majority in the state's House of Delegates and Republicans need to flip just two seats to take back the state Senate. At the same time, all new legislative maps this year have completely shaken up the Commonwealth, with the political future of Republican Gov. Glenn Youngkin apparently hanging in the balance. Whatever happens next week could well decide whether the termed-out Governor jumps into the 2024 GOP Presidential contest and/or adopts a 15-week abortion ban, which has been prevented to date by Democrats in the Assembly.

Those stakes may also help explain why Youngkin has worked so hard during his two years in office to prevent new voters from registering and to suppress the votes of certain types of voters.

We're joined today by VA's longtime progressive radio host and three-term Democratic former state Delegate MARK LEVINE to discuss what next week's elections mean for VA, for the nation, and for Youngkin's political future.

"I've long argued that Virginia is an 'indigo' state, which means it's mostly purple with a tinge of blue. I think, on average, we're going to very very closely vote Democratic," he tells me today regarding next week's contests. "Unfortunately --- or fortunately, depending on the year --- Virginia really is a very good bellwether for the United States. The same year we lost our House [of Delegates] in 2021, barely, the Republicans gained the [U.S.] House of Representatives, barely. Virginia really is an excellent bellwether. I would argue the nation is an indigo nation --- purple but ever-so-slightly blue --- and that's where we are. It really could go either way."

Levine explains that VA voter turnout in Presidential years is usually about 75% in the Commonwealth. In mid-term elections and off-year elections with a Governor's race, it's about 45%. Next week's race, he says, "is called the 'off-off elections'" when usually "only about 23% of Virginians show up. So what that means is whoever is angrier, that's who shows up. Are the MAGA Republicans angrier? Or are progressive Democrats angrier? I don't know. I would think abortion is very motivating. It will be a real test, because that's mostly what Democrats are running on."

"We had an election in 2017 that was a tie vote. They flipped a coin, and that's why we didn't control the legislature in 2017," he says. "The point is, one vote really can make a difference, particularly in these local races that decide the legislature. So I just want to urge anyone in Virginia, or anyone who knows someone who you think may still live in Virginia, please call them, remind them to vote. We've made it really easy. We have early voting now. You can go vote today, tomorrow, next day. The polls are open. They're close to your house. Get out and vote!"

Will the Democrats' focus on protecting reproductive freedoms in an ostensibly "blue" state, currently headed up by a Republican, work as well as it has over the past year in so many "red" states? Will the re-shuffling of legislative maps hurt or help Democrats? And will the results next week really help determine whether Youngkin decides to jump into the 2024 GOP Presidential contest? Levine has a lot of thoughts on all of those topics and many others, in our VERY lively discussion today!

Finally, Desi Doyen joins us for our latest Green News Report with a suspiciously larger-than-usual amount of not-terrible-news, including even some good environmental news out of the, yes, so-called "deep red" state of Kentucky...

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On today's BradCast, we cover, once again, the thoroughly corrupted "conservative" cabals in both the U.S. House and U.S. Supreme Court as they flex their ill-gotten powers.

But FIRST...on our Green News Report yesterday, we briefly referenced a storm named Otis in the Pacific as a "tropical storm" heading toward Mexico. It was set to be the fourth major storm in a month to slam its Pacific coast. We also happened to discuss a new study of recent hurricanes in the Atlantic, finding that warming waters due to climate change have increased the speed and strength, along with the rapid intensification, of such storms. That behavior, as it turns out, was on full display last night with Otis, which stunned meteorologists and public officials by spinning up from a tropical storm during yesterday's show to become a major Category 5 hurricane in less than 12 hours, before slamming into Acapulco.

With some one million residents and tourists in the resort city caught largely by surprise, we await news and hope for the best, as power and cell phone coverage has been down most of the day, and major roads are said to be unpassable in the region following the catastrophic storm. In addition to being the fourth major storm to slam the coast, it was also the most powerful ever. Acapulco has never seen higher than a Cat 1 hurricane --- until now.

NEXT...The dysfunctional U.S. House Republican majority was finally able to re-open Congress on Wednesday, after selecting a new House Speaker. It was their fourth try after moving to remove Kevin McCarthy more than three weeks ago. Last night the party nominated --- and crucially, today, actually elected on the House floor --- hard-right Louisiana Congressman Mike Johnson as their new leader.

Johnson is being described today as the "architect" of the GOP's attempt to block the certification of Joe Biden's Electoral College victory in 2020. He is a close all of Donald Trump; an ardent religious opponent of abortion rights, supporting jail time and "hard labor" for those who carry them out; he supports government restrictions on medical care for trans people; and opposes further aid to Ukraine to help defend democracy against imperialistic fascism.

In other words, he shares the same positions as Ohio's Jim Jordan --- whose Speakership was blocked by so-called Republican "moderates" last week --- only more so. Apparently, despite their claims, it wasn't Jordan's positions that those "moderates" objected to. It was the fact that Americans knew about them. The little-known Johnson shares no such baggage. So they're fine with him.

FINALLY...The U.S. Supreme Court is set to hear another case in December ginned up by the billionaire-funded, rightwing legal mill that looks for --- or creates out of whole cloth --- aggrieved victims of tyrannical government laws and regulations. From fake website designers worried they may someday have to create a site for a same-sex couple, to red state attorneys general falsely claiming that loan agencies are suffering from President Biden's attempted student loan debt relief program, there seems to be an endless supply of "victims" that the industry is able to come up with to parade before the far-right SCOTUS supermajority that the same rightwing billionaires continue to lavish with luxury gifts, travel, and even just cash money.

But Moore v. United States goes even farther. Its proponents hope for a ruling from their friends on the High Court majority which might knee-cap a future progressive wealth tax, akin to the ones long-proposed by Senators like Elizabeth Warren and Bernie Sanders. Warren's proposal, for example, would add a 2% tax --- two cents of every dollar --- to those with an accrued wealth of more than $50 million. Currently, unrealized gains in the value of real estate portfolios, stocks and bonds, fine art, etc., are not taxed, even at death, allowing for heirs of the richest 0.1% to inherit and continue generational, dynastic fortunes of billions of dollars.

The wealthy can then borrow against those accumulated assets without ever having to cash them in, which would otherwise trigger a capital gains tax (at an already very low rate.) "That is a scam and a scandal," my guest tells me today. Taxing just a portion of that wealth would result in "trillions of dollars of revenue for the U.S. Treasury that could be captured just by instituting a small percentage wealth tax on the richest families [with] more than $50 million in assets." That revenue could then be used for universal childcare, healthcare, education, and pretty much everything else that Republicans like to claim that America is just too broke to be able to afford.

So how will the Supreme Court be able to kill a still non-existent "wealth tax", when the Constitution and long-standing precedent prevents it from issuing advisory rulings on issues that aren't currently resulting in actual harm to any victims?

We're joined today by the L.A. Times' Pulitzer Prize-winning business columnist, investigative journalist and author MICHAEL HILTZIK to explain. He argues the case "stinks to high heaven," citing opponents of this case who charge that the GOP billionaire patrons of Justices Sam Alito and Clarence Thomas "have their fingerprints all over this case."

"The miasma of corruption really is laid all over this case," asserts Hiltzik. "I think it's one of the reasons that legal scholars who are watching this are very concerned that, once again, the Supreme Court's conservative majority is going to step out of its proper limited role, and essentially legislate" from the bench. "When the Supreme Court, or any federal court, actually rules on something that is not a real case or controversy, then almost by definition they are making new law, they are legislating. That is something under the Constitution that they are not supposed to do."

As Hiltzik notes, we are now seeing more and more of that from this corrupted Court. So, how can it possibly be stopped at this point? Hiltzik, who has written best-selling books about FDR's New Deal and the robber barons who originally corrupted the entire system, has some ideas on that today that as well...

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Global chaos continues today on The BradCast, in Gaza, in elections around the world, in the U.S. House and, of course, for our worsening climate crisis. [Audio link to full show follows this summary.]

Our coverage today includes...

• ISRAEL V. HAMAS: Some encouraging news last night, after an apparent diplomatic breakthrough on opening up the Gaza Strip to humanitarian aid seemed possible following days of shuttle diplomacy by U.S. Sec. of State Antony Blinken and some nine hours of marathon negotiations with Israel's P.M. Benjamin Netanyahu. The effort, reportedly at the direction of President Biden, resulted in the announcement that he would be visiting Tel Aviv on Wednesday --- a first for a U.S. President during war time --- for a meeting with Netanyahu, followed by meetings with the leaders of Jordan, Egypt and the Palestinian Authority in Jordan. The last part of that encouraging news may have begun to disintegrate with the late Tuesday bombing of a hospital in Gaza, said to have killed hundreds of civilians, including women and children. Hamas blames Israel. Israel blames Hamas. The innocent people of Gaza pay the price.

• DEMOCRACY V. AUTOCRACY: There were elections both in the U.S. and several nations around the world over the weekend. In three of the four cases --- Louisiana, Ecuador and New Zealand --- the news was not good for small "d" democrats (or capital "D" democrats in Louisiana), as voters chose rightwingers to displace progressives (or conservative Democrats in Louisiana). But don't forget about Poland! There the news was far better in a nation which has had a front-row seat to the existential battle against fascism, as it borders both democratic Ukraine and Vladimir Putin's authoritarian Russia. Polish voters, in record numbers, voted out the ruling far-right party in favor of opposition centrist and progressive parties led by former EU President Donald Tusk. Good news indeed in perhaps the weekend's most important election.

• U.S. HOUSE CHAOS: After winning his party's nomination to become House Speaker last week, election denialist and far-right Ohio Republican Jim Jordan was unable to win the 217 vote majority from his own caucus in the first round of voting on the House floor on Tuesday after GOP hard-liners deposed former Speaker Kevin McCarthy two weeks ago, and then refused to support the winner of the private caucus election that nominated Steve Scalise last week. Republicans no longer recognize elections as valid, unless they win them. As TPM's Josh Marshall recently wrote, regarding the election denialism Republicans invented to try and steal elections from Democrats in 2020, "It’s like the virus had escaped the lab. It wasn’t just Freedom Caucus weirdos anymore. It's now treated as a given that caucus elections are purely advisory or essentially meaningless." Or, as TAP's David Dayen quipped last week, while asserting that the internecine House GOP chaos "could really go on indefinitely" and that the lack of a House Speaker actually matters to millions of Americans (including you this Thanksgiving), "In the Future, Everyone Will Be Speaker for 15 Minutes."

• CLIMATE REALITY AND LIES: Desi Doyen joins us for our latest Green News Report, as the Mississippi River hits records lows amid drought, along with rivers in the Brazilian Amazon Basin; Exxon Mobil makes a huge investment to expand its deadly fossil fuel production, even as climate change ravages bees, beer, coffee and chocolate; and years-long GOP lies about China taking no action on climate change are exposed as lies yet again...

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It was another necessarily grim BradCast today, as conditions worsen and the death toll rises in Gaza while Israel continues relentless airstrikes in the wake of Hamas' horrific attack over one week ago. [Audio link to full show follows below this summary.]

Hundreds of innocent civilians, including women and children, have been killed over the past week in the Gaza Strip in advance of Israel's likely ground invasion. Food, water, medical supplies and fuel remains cut off to the territory of 2.3 million, with supplies now running dangerously low. The U.S., along with the U.N. and human rights organizations are calling for humanitarian aid to be allowed in, and for innocent victims and foreign nations to be allowed out of the region. The death toll is now in the thousands and 30 Americans have been confirmed as killed.

Hopefully, as grim as it may be, today's program is an insightful one, with both accurate news and a number of spirited conversations with callers. You'll be the judge of the that.

Among just some of the stories we covered before opening our phone lines to listeners today...

• Washington Post: "U.S. signals push to ease Gaza humanitarian crisis"
• U.S. State Dept: Secretary Antony Blinken's Remarks to the Press in Cairo on Sunday
• CBS' 60 Minutes: Interview with Joe Biden on Israel-Hamas conflict
• Reuters: "Slain Palestinian boy mourned in Illinois after suspect appears in court"
• NBC News: "Suspect in death of 6-year-old Palestinian American boy was obsessed with Israel-Hamas war, prosecutors say"
• NYTimes letter from Fadi Abu Shammala: "What More Must the Children of Gaza Suffer?"
• AP News: "Settlement over Trump family separations at the border seeks to limit future separations for 8 years"

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Woah, Nelly! Today's BradCast may arguably be both the dumbest and most fun ever! [Audio link to full show follows this summary.]

The subject material --- Wednesday night's ridiculous GOP 2024 "Presidential Primary Debate" (if it's even worth calling it that) at the Ronald Reagan Presidential Library out here in Simi Valley, California --- is what makes it dumb.

It featured seven "candidates" --- former Vice President Mike Pence, Florida Gov. Ron DeSantis, former South Carolina Gov. and UN Ambassador Nikki Haley, South Carolina Sen. Tim Scott, former New Jersey Gov. Chris Christie, supposed businessman Vivek Ramaswamy and North Dakota Gov. Doug Burgum --- but not the much-indicted guy who Republicans apparently intend, for now, to actually nominate for the job next year.

Our excellent special coverage panelists --- award-winning blogger and columnist HEATHER DIGBY PARTON of Salon and Hullabaloo, and "DRIFTGLASS" of the Professional Left Podcast from "Flyover Country, Illinois" --- are what make it fun.

Hear Digby discuss the GOP's "Bizarro World alternet universe" and the "big orange elephant in the room"! Hear Driftglass explain the "Doomsday machine with no off switch" and "the smelly wet sock of the mainstream media"! Also, Doug Burgum!

To paraphrase Haley last night, hearing us today may help you "feel a little bit dumber." I'd tell you more, but that would ruin all the fun...and most of the dumbness! Enjoy!...

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It's a very exciting time for organized labor in these United States, as discussed on today's BradCast, after decades of corporate measures that have succeeded in vastly shrinking union membership and power across the country, along with the power of the American middle class itself. [Audio link to full show follows this summary.]

Late on Sunday, out here in Hollywood, striking film and television scribes from the Writer's Guild of America (WGA), finally came to terms on a new contract with major studio executives to share some of the bounty of record profits the writers have helped those giant corporations make. The tentative deal is described by the writer's union negotiators as "exceptional," including "meaningful gains and protections for writers in every sector of the membership."

Pending likely final approval by members this week, only some film and TV production will be able to begin rolling again --- for example, late-night and daytime shows without actors --- as the more than 100,000 actors of SAG-AFTRA still remain on strike, hoping to see similar financial benefits and protections for their members as achieved by the WGA after nearly 150 days on the picket lines.

In related news, President Biden will be meeting with striking union members from the United Autoworkers on the picket line this week in Detroit, in what is apparently (shamefully?) an historic first for an American President. That will happen on Tuesday, the day before Donald Trump is set to meet with non-union workers at a plant outside of Detroit, in a ruby red suburb this week. (Good luck noticing that part of the story as corporate media outlets seem to be working overtime to "both sides" the two very different appearances.)

At the same time, the Biden-Harris campaign has released a video featuring GOP Presidential candidates Nikki Haley and Tim Scott and a Fox "News" anchor singing Biden's support for union workers.

We've had a very busy news weekend beyond the good news for organized labor and collective bargaining. But I wanted to move that good labor news up to the top today, and take some calls from listeners on it. Some of those callers seemed to have some misconceptions about unions which other callers, happily, were able to rebut in what I believe was an obscenely reasonable conversation for talk radio. My apologies in advance.

We'll try to get to some of the other ongoing stories --- the indictment of Democratic U.S. Senator Bob Menendez (NJ); the House GOP's pathetic plan to shut the federal government down as of this weekend, and more --- in the days ahead. Today, however, seemed a good day to focus momentarily on some good news about organized labor, the struggling middle class, and a newly revitalized stand against major corporations, making records profits, fighting like hell to prevent their workers from sharing in the gains those very workers helped them achieve.

I hope you'll tune in!...

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Last week at the Wisconsin Supreme Court, a pair of voters filed an Emergency Petition [PDF] seeking to block a GOP scheme to impeach a newly seated Justice on the High Court.

The filing includes an ex parte request for a temporary restraining order (TRO) to prevent Republicans in Wisconsin's gerrymandered state Assembly from carrying out their recent threats to impeach Justice Janet Protasiewicz. Petitioners charge that an impeachment brought by the state legislature at this point would be in violation of The Badger State Constitution.

Shortly after Protasiewicz was sworn-in last month --- giving liberals a majority on the WI Supreme Court for the first time in more than 15-years --- voters and a group of mathematicians and computer scientists filed two petitions, Clarke v. Wisconsin Elections Commission and Wright v. Wisconsin Elections Commission, in the state's High Court. The petitions allege Wisconsin's wildly gerrymandered legislative maps violate multiple provisions of the state Constitution. The Clarke and Wright petitioners seek the creation of a fair map prior to the 2024 election.

The new emergency petition, Hanson-Hysel v. Wisconsin State Assembly, was filed last week on behalf of the 1,021,370 Badger State electors whose votes handed Protasiewicz an 11-point victory over her right-wing opponent, Dan Kelly, last April.

The Hanson-Hysel petition advances several core contentions. Most notably: Article 7, Section 1 of the state's Constitution mandates the WI Assembly may initiate impeachment against a judge or justice only in response to "corrupt conduct in office, or for crimes and misdemeanors."

In the 175 years since Wisconsin adopted its founding document, just one member of the Badger State judiciary, Circuit Judge Levi Hubbel, was impeached, in 1853 in relation to bribery accusations. He was acquitted of the charges.

Protasiewicz, on the other hand, has not been accused of either a crime or corrupt conduct in office. She has yet to even hear a case. But her presence on the Badger State's high court has arguably become an existential threat to the survival of the Republicans' more than a decade of unfairly gerrymandered majorities in both chambers of the state legislature...

It's still kind of hilarious that the Republican Speaker of the House this week, in announcing an impeachment inquiry of Joe Biden for...(fill in actual crime here when available)...described the Democratic President as "the picture of a culture of corruption". It's particularly amusing given the bulk of today's news on The BradCast. [Audio link to full show follow below this summary.]

Among our stories today...

• The unspeakable death toll from flooding in Libya is now expected to be in the tens of thousands as bodies line the streets in the eastern coastal town of Derna, where 16 inches of rain fell in one day over the weekend resulting in the collapse of two dams. Given some of the horrifying new numbers from Berkeley Earth this week, however, suggesting that the planet has a good chance of exceeding the 1.5 degree Celsius increase of warming since pre-industrial times which the Paris Climate Agreement seeks to avoid, we could be in for many more such horrific disasters in the years ahead.

• Following a nearly 5-year probe by a Trump appointed U.S. Attorney and a recently failed plea agreement, Hunter Biden was charged today with 3 felony counts related to using illegal narcotics while buying a gun. These are crimes which almost nobody is ever charged with, especially when they have never fired or even loaded the gun, which Hunter reportedly had for only 11 days. But that must be a part of the "special preferential treatment" the President's son has received, if you hear Republicans tell it. Try not to laugh.

• The state judge overseeing the sprawling, 41-count racketeering conspiracy indictment [PDF] against the former President of the United States, Donald Trump and his 18 co-conspirators for their attempts to steal the 2020 election in Georgia, has determined that all 19 defendants will not be tried in a single group beginning in October, as Fulton County D.A. Fani Willis had sought. So far, former Trump attorneys Ken Chesebro and Sidney Powell will stand trial next month, but a trial date for all of the others will be set later, likely for some time next year --- if a slot when Trump isn't standing trial on felony charges in three other jurisdictions can be found.

• The civil trial Trump faces --- along with his two eldest sons, his company and two top executives --- via New York state Attorney General Letitia James, for falsely and unlawfully inflating his company's net worth by billions of dollars in order to fraudulently receive bank loans and other benefits, begins on October 2. Just mentioning that since it seems few others are doing so these days for some reason.

• The Fox Corporation was sued yet again this week, related to the knowing lies Fox "News" told about the 2020 election being "rigged". The latest suit comes courtesy of New York City's huge pension funds. They charge neglect of corporate duty to protect shareholders by opening themselves up to defamation suits like the one from Dominion Voting Systems. That one cost the pretend news outlet $787.5 million to settle earlier this year. The state of Oregon, on behalf of their public employee retirement fund, has joined the suit. All of which begs the question as to why anybody's money is actually invested in a company known, for years. to be as corrupt as Fox. I might suggest that those whose retirement funds are being handled by NYC and Oregon (and elsewhere) demand the funds pull their money from similarly irresponsible and corrupt corporations --- such as the major fossil fuel companies --- before they too face the huge financial liabilities that await them.

• Are Wisconsin state Assembly Speaker Robin Vos and his fellow corrupt Republicans in the state's obscenely gerrymandered Legislature blinking in their recent threats to impeach newly-seated state Supreme Court Justice Janet Protasiewicz before she has even heard a case? The High Court's new liberal majority will soon be hearing two citizen petitions challenging the GOP's corrupt state district maps, which have ensured Republican majorities in both the Assembly and Senate for most of the past decade. But this week, just after state Dems announced a $4 million ad buy to let voters in the Badger State known what Republicans are up to in advance of 2024, Vos floated a new legislative "deal" to create new maps. Democratic Gov. Tony Evers immediately rejected the proposal as "bogus". We explain.

• Remember that Kentucky County Clerk who refused to grant marriage licenses to same-sex couples back in 2015? Kim Davis will now have to pay one of those couples $100,000 for having refused to do so, according to a decision this week by a federal jury.

• Ken Paxton, the unspeakably corrupt Texas state Attorney General and close Trump ally who is facing trial in the Republican-dominated state Senate on 20 articles of impeachment brought by the state's Republican-dominated House this week, may have dodged at least one bullet. A last-minute deal was struck between the opposing attorneys to skip testimony from Paxton's mistress on Wednesday. She's the one who was given a job by a Paxton donor to make it easier for them to continue their secret affair. The impeachment trial of the state's top law enforcement officer continues in the Senate, which will soon decide if the Republican should be removed from office based on charges of bribery, unfitness for office and abuse of power. Paxton's wife is a state Senator and has been present all week at the trial. She will, however, be barred from voting on his fate.

• Washington Post reports today that Florida's corrupt Republican Governor Ron DeSantis enjoyed a whole bunch of unreported and undisclosed private plane flights, luxury resort accommodations and meals with wealthy donors after being first elected in 2018. With his Presidential aspirations now failing, he must be angling for a Supreme Court nomination.

• Finally, Desi Doyen joins us for our latest 'Green News Report' with more on the horrific news out of Libya; the record costs of U.S. weather-related disasters so far this year; more bad news for Texas water drinkers; and a bit of encouraging news courtesy of Biden and the Democrats' Inflation Reduction Act. Oh, we're also still keeping an eye on the powerful, slow-moving Hurricane Lee, a monster storm in the Atlantic which is currently brushing by Bermuda and threatening New England, Canada and Newfoundland over the next several days...

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On today's BradCast, it's special coverage of the first GOP Presidential Primary debate of the 2024 campaign. It featured eight candidates, none of which were named Trump, But he was there anyway. [Audio link to full show follows below this summary.]

The raucus two-hour debate in Milwaukee, Wisconsin was sponsored by Fox "News" and held before a rowdy audience of booing and cheering Republicans who, at times, resembled a pro wrestling crowd --- or a lynch mob --- more than supporters of an American political party.

The actual participants on the stage were (in order of polling popularity before the debate): Florida Gov. Ron DeSantis; 38-year old entrepreneur Vivek Ramaswamy (who, if you hadn't heard of him before last night, you probably have now); Former Vice President Mike Pence; Former South Carolina Gov. and U.N. Ambassador Nikki Haley; Former New Jersey Gov. Chris Christie; South Carolina U.S. Senator Tim Scott; Former Arkansas Gov. Asa Hutchinson; North Dakota Gov. Doug Burgum (who, if you hadn't heard of him before last night, you may still have no idea who he is today.)

We're joined today by some favorite BradCast special coverage guests to try and make sense of it all. (Which was no easy feat, frankly!) HEATHER DIGBY PARTON is a longtime, award-winning columnist at Salon and founder of Digby's Hullabaloo blog; "DRIFTGLASS" is otherwise known as both @Mr_Electrico on the site formerly known as Twitter and occasional as just "Bill" back at home in "Flyover Country, Illinois" where he produces the weekly Professional Left Podcast.

Among the questions asked, answered and/or discussed today...

• Who and what is Vivek Ramaswamy? And why was he both the target and obnoxious star of the evening?
• What did all those red ties worn by everyone but Christie, Hutchinson and Haley actually mean?
• What happened to Great White (Non-Trump) Hope DeSantis? Why was he largely ignored? And why was he screaming?
• Holy crap! Was that a question about Climate Change on a Fox 'News' sponsored debate?!
• Has Pence been underestimated after so many years in Trump's shadow?
• Did Haley help or hurt herself in calling for a "new generation" of GOP leaders (while clearly being part of the old generation of GOP leaders)?
• Wait, they all think Pence did the right thing on January 6, 2021, but almost all of them would support Trump next year even if convicted on felony crimes?
• Have Christie and Pence figured out how to use the Constitution as a weapon against Trump?
• Remember when even Republican debates included actual policy issues?
• Who on that stage would be more likely than Trump to defeat Joe Biden next year?
• If Trump is somehow removed from contention, who becomes the party's front-runner?
• Was Trump right or wrong to stay out of the debate?

All of that and many more questions asked, answered, discussed or dodged on today's special edition of The BradCast, as Trump heads to a jail in Atlanta to be booked on his fourth criminal indictment of the year and Fulton County District Attorney Fani Willis asks the Court [PDF] to begin his racketeering trial just two months from now in October(!) and as the once Grand Ole Party continues its long, dangerous descent into madness.

POST-SHOW UPDATE: The judge quickly approved Willis' request for an October 23 trial, but only for Trump attorney Ken Chesebro (alleged architect of the fake electors scheme), who invoked Georgia's speedy trial law. The other defendants do not yet have a trial date. So The Cheese stands alone...

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PROGRAMMING NOTE: The BradCast and Green News Report are standing down until after the Labor Day Holiday! See you in September!...

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