We not only cover a whole bunch of news stories on today's BradCast, we also explain what they mean and why they matter. As always, we want you to not only know what happened, but understand why it did and what can be done about it, so you can pass that important information on to others. [Audio link to full program follows this summary.]

Among the many stories both reported and explained on today's program...

• Film and TV actors of SAG-AFTRA join the Writers Guild of America (WGA) in going on strike against producers in hopes of proper payment and residuals for streaming services and AI usage, among other appropriate demands.

• We take another quick spin through my new favorite website --- FoxWeather.com --- where they report on all of the catastrophic effects of climate change now devastating much of the planet, but because Fox hates its duped readers and viewers so much, they never even once explain why all of these disasters are now happening. (Hint for Fox "News" dupes, if I'm lucky enough that you stopped by: It's the climate change, stupid, as caused by the burning of fossil fuels.)

• The Biden FDA approves the first ever over-the-counter birth control pill. Happily, this should be bring the abortion rate way down. So, rightwingers will be delighted with this news, right?

• Dumb GOP megadonors in Illinois lose their ill-considered fight to prevent the use of clean, electric leaf blowers on their 22-acre estate. But it's a win for their neighbors and for the rest of us. (And even for them, whether they too dumb to know it or not!)

• A state court orders New York to redraw U.S. House maps before the 2024 elections. That alone could end up flipping the House back to Democratic control next year, after the GOP flipped four NY seats from "blue" to "red" last year, after the state court blocked an attempted Democratic gerrymander. It's complicated.

• Great news for North Carolina residents! After Republicans on the corrupted U.S. Supreme Court recently blocked Affirmative Action for college admissions at the University of North Carolina (and everywhere else in the bargain), the school has announced it will be offering FREE tuition to many in-state students "as part of their continued effort to boost diversity".

• Late last month, the corrupt rightwing SCOTUS majority used their recently invented-from-whole-cloth "Major Questions Doctrine" to block the Biden Administration from using the specific text of the federal HEROES Act to forgive up to $20,000 in student loans to borrowers. The President has announced a new plan to use a different law to accomplish even broader forgiveness, though it will take a bit more time than his initial plan. In the meantime, beginning next month, a newly restructured repayment plan for loans will allow millions to pay just $0 a month (you read that right) without seeing any interest added. Their entire loan may then be considered as paid in full after 10 years. We break down the key details of the new plan and how Republicans are already attempting to undermine it, because they hate people who aren't millionaires or billionaires.

• Finally, it's our latest disturbing Green News Report with Desi Doyen here to drive you crazy as the summer of climate catastrophes continue. Among our coverage: another major insurer flees Florida; California works out a deal with manufacturers to phase out polluting big rigs; and the U.S. becomes the blackout capital of the world, thanks to the many failures of natural gas...

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It's another red alert day on The BradCast today, regarding the precedent crushing plans of our stolen, corrupted and packed Rightwing U.S. Supreme Court majority. They've got two different plans, in fact, for two different ways to overturn decades, if not centuries of critical precedent on federal elections and the power of federal agencies. [Audio link to full show follows below this summary.]

FIRST UP, we begin in the state of North Carolina where, last year, a 4 to 3 Democratic majority on the state's Supreme Court found the GOP-majority state legislature had drawn up new legislative and Congressional district maps that constituted unlawful partisan gerrymanders under the state Constitution. The state court ordered fair maps to be drawn up, resulting in the election of a Congressional delegation in 2022 that had 7 Democrats and 7 Republicans in the very closely divided state.

State Republicans, however, challenged the high court's ruling by filing a case named Moore v. Harper with the U.S. Supreme Court, arguing that an obscure clause in the U.S. Constitution allows state legislatures and only state legislatures to create rules and laws for federal elections. Neither state courts nor constitutions can tell them otherwise, they are arguing.

It's a fringe concept known as the Independent State Legislature theory, which has never been blessed by a majority at SCOTUS. But Republicans are hoping the current, corrupted Republican Court will approve the theory, blocking Governors or Secretaries of State or state Supreme Courts or state constitutions or even voters from setting election laws. We have long warned of the dangers of this case for American elections as we know them. Under this theory, if SCOTUS grants its blessing as many fear [raises hand!], state legislatures could even choose Presidential electors no matter how the state's voters may vote. The U.S. Supreme Court heard Moore v. Harper last December, after we'd spent months setting off sirens to try and let you know about what could happen in that case in advance of next year's 2024 Presidential election.

Last November, however, NC voters elected two new Republicans for their state's high court, giving Republicans a 5 to 2 majority. And, last Friday, after rehearing the exact same gerrymandering case in which they had previously ordered new maps, the new Republican court majority reversed the same court's previous ruling, allowing partisan gerrymanders to return in advance of 2024. The likely result will be a House delegation with 10 Republicans and 4 Democrats. That, even though there had been no changes to the law, and no new facts were presented to the newly GOP-led state Supreme Court. (They also reversed a previous ruling that had restored voting rights to some 55,000 former felons, and a ruling that had blocked a photo ID voting restriction that violated the state's Constitution.)

What does this unprecedented reversal at the NC Supreme Court of a month's old ruling mean for the U.S. Supreme Court's pending ruling in Moore v. Harper? We're joined today to discuss exactly that by DAN VICUÑA, national redistricting manager at Common Cause, plaintiffs in a landmark U.S. Supreme Court case challenging an earlier gerrymandered map in North Carolina following the 2010 U.S. Census.

"I think just the blatant hypocrisy, the clear partisanship, is laid so bare it's hard to see how a decision like this stands" in North Carolina, at least over time, argues Vicuña. But, as to what may happen in Moore v. Harper at SCOTUS, and whether the case will be found moot or the Court will go ahead and issue an opinion anyway, Vicuña would rather get a ruling now than in the next term, when a ruling would come in the middle of the 2024 Presidential election.

"We didn't want this case to be heard in the first place, because the Independent State Legislature theory is, quite frankly, ridiculous," he tells me. "It defies logic, defies legal precedent, defies the intent of the framers of the Constitution. But it was heard. We made our case. We think we won very clearly on the law and the facts, and the history. So getting clarity on the facts well in advance of the 2024 election makes a lot of sense. So we're okay with that, and hope it goes our way."

NEXT UP, more disturbing news today out of SCOTUS. The Court announced on Monday they will take up a case next term that challenges the so-called "Chevron Deference", a landmark ruling from a 1984 case (Chevron v. National Resources Defense Council) which established that experts at federal agencies should be given deference when creating rules and regulations meant to enforce federal laws in which Congress may have been ambiguous regarding certain details.

For example, as Desi Doyen joins us to explain today, the Clean Air Act may grant the EPA a mandate to regulate pollution, but it may not specifically mention which pollutants must be regulated, or how many parts per million constitute unlawful pollution. That's left to experts at the EPA to determine through the rule-making procedures. But Republicans wish to dismantle the ability of federal agencies to make any such rules, granting that authority instead to courts (without expertise) and the industry lobbyists who influence them.

Our corrupted, packed and stolen rightwing SCOTUS now appears ready to "dismantle the administrative state" (as Steve Bannon has long been promising) in a ruling next term that could affect the ability of agencies to create federal regulations regarding everything from the climate crisis to health care to immigration and beyond.

Finally, we finish up with some listener email and phone calls to round out another disturbing hour of The BradCast. Enjoy!...

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Just to be clear, while we're debating whether California's senior Democratic Senator should step down on today's BradCast, the longest-serving U.S. Supreme Court Justice should not only have stepped down long ago, he should have been removed by the force of impeachment long ago as well. [Audio link to full show is posted below this summary.]

It was a very busy and lively show today, covering a bunch of interesting and occasionally related news. Among today's story's...

• Democracy seems to be out of reach yet again in the Middle Eastern/Sub-Saharan nation of Sudan, as deadly fighting broke out between two military factions in the country's capital and elsewhere over the weekend.

• A well-known Kremlin opposition figure and critic of Russian President Vladimir Putin's horrific invasion of Ukraine was sentenced to 25-years of hard labor today for daring to speak out against the war last year. 41-year old Vladimir Kara-Murza is just the latest facing a long prison sentence for public opposition to Putin's barbaric, criminal assault on his sovereign neighbor.

• Last week we explained why Fox "News", if they were smart, would do everything in their power to reach a settlement with Dominion Voting Systems before the trial in the $1.6 billion defamation lawsuit filed by the voting machine vendor against the Republican propaganda outlet began in earnest this week. Jury selection in the trial, in which Dominion has Fox dead to rights for repeatedly, falsely and knowingly lying to viewers that Dominion somehow rigged the 2020 election for Joe Biden, was supposed to begin today. But Delaware Superior Court Judge Eric Davis, without explanation, announced the trial would begin tomorrow instead, leading some to believe Fox may be trying to strike a last minute settlement.

• On Friday, the U.S. Supreme Court issued a brief, administrative stay on the rulings by far-right, activist U.S. District Judge Mathew Kacsmaryk and the far-right U.S. 5th Circuit Court of Appeals that ban the FDA-approved use of mifepristone, the nation's top abortion medication, in all 50 states. The temporary stay will only remain in place until Wednesday, at which time the full SCOTUS will either keep it in place throughout the appeal to Kacsmaryk's unprecedented, activist ruling --- in which he is attempting to legislate from the bench and overrule the FDA's 23-year old approval of the safe and effective drug --- or they will allow a first-of-its-kind ban to go into effect while the appeal moves forward. Today, we cite a few of the 5th Circuit's huge errors in their recent ruling, as detailed by The BRAD BLOG's Ernie Canning.

• And, speaking of our corrupted, rightwing federal judiciary, there was yet more jaw-dropping news over the weekend of the unspeakable corruption and seemingly endless lawlessness of Justice Clarence Thomas, the longest-serving current member of the U.S. Supreme Court. We quickly review the full story again today, from Clarence's unlawful failure to disclose his activist wife Ginni's salary from the Heritage Foundation for some 20 years, until called out for it in 2011; to Ginni's apparent "Judicial Insider Trading" on the infamous 2010 Citizens United ruling; to ProPublica's blockbuster exclusive two weeks ago detailing decades of Clarence's unlawfully undisclosed luxury travel courtesy of GOP megadonor Harlan Crow; to last week's second ProPublica jaw-dropper revealing that Crow purchased properties from Thomas, including his mother's house (which she still lives in, rent free!) and which also went unlawfully undisclosed in in his annual disclosure forms; and then this weekend's latest scoop from WaPo finding Clarence hasn't bothered for years to report income from a real estate firm owned by Ginni and her family.

• Finally, speaking of both the rightwing federal judiciary and people who should arguably resign immediately, California's 89-year old senior Democratic Senator Diane Feinstein has missed about 60 of 80 floor votes in the U.S. Senate this year, as she is sidelined in San Francisco with shingles. There is currently no date for her return to the 51-49 upper chamber. But, even more importantly, her extended absence from the Senate Judiciary Committee has stalled the confirmation process for more than a dozen federal court judges nominated by President Biden. As calls for her resignation began last week, the fading trailblazer has asked to be removed, temporarily, from the powerful Judiciary Committee. Unfortunately, it's not quite as easy as that, as we explain today.

  In the bargain, a debate has surfaced among Congressional Democrats, some of whom are calling for her resignation after decades of service, others describing the push as misogynistic, others defending her during her convalescence, while still others appear to be supporting her at the moment, though their patience is clearly wearing thin.

  We cover all of that today before opening our phones to listeners --- her constituents in Southern California --- for their opinions on whether DiFi should stay or go. We had a lot of really smart and interesting callers today...even if their opinions were ultimately in sync. They believe its time for her to fly...

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As the clock ticked down to the last day to act on Friday, U.S. Supreme Court Justice Samuel Alito issued a temporary administrative stay.

His brief order granted approval, for now, of U.S. Solicitor General Elizabeth Prelogar's compelling 47-page Application [PDF] filed on behalf of the Federal Government, seeking an administrative stay on the entirety of the controversial effort by an activist Donald Trump-appointed judge in Texas who imposed a nationwide ban on the FDA-approved abortion pill, mifepristone.

The temporary administrative hold, keeping the status quo in place only through Wednesday, is meant to allow the full Court time to decide the broader request for a stay from both the Government and a manufacturer of the popular abortion medicine. The Solicitor General asked the Court to issue "a stay pending the consideration and disposition of [the FDA's] appeal to...the Fifth Circuit and, if the Court of Appeal affirms, pending the timely filing of a petition for a writ of certiorari and any further proceedings" before the Supreme Court.

In other words, please keep the status quo not only for the the FDA's science-based original approval issued in 2000 but also for the FDA's scientific decisions, made between 2016 and 2023, to better facilitate availability, distribution and safe use of mifepristone. The Solicitor General has asked for that status quo to remain in place until the U.S. Fifth Circuit Court of Appeals has actually heard full argument in the appeal of the ruling by Judge Mathew Kacsmaryk (the far-right U.S. District Court judge who hears every federal case filed in its Amarillo, TX branch) and then, if needed, throughout any additional appeals made to SCOTUS on the rulings of both lower courts.

While the matter of seeking a temporary stay, pending appeals, will now be decided by the same U.S. Supreme Court, whose right-wing majority, in Dobbs v. Jackson's Women's Health Org., overturned the Court's 50-year old landmark reproductive rights decision in Roe v. Wade last year, Prelogar parried the Court's anti-abortion bias by arguing that the stakes in this case are, by no means, confined to questions only about the approval and use of mifepristone...

We've got two guests on today's BradCast, both attorneys, with a bunch of information that you likely haven't heard elsewhere. [Audio link to full program follows below this summary.]

First up, we're joined by KASSIE SIEGEL, Director and Senior Counsel of the non-profit Center for Biological Diversity's Climate Law Institute, and Climate Director for the Center Action Fund, where she leads campaigns and litigation focused on reducing climate-warming greenhouse gases and other pollution.

Siegel joins us today to discuss the recent passage and signing of a landmark law in California, shepherded through the state legislature last month in a special session called by Democratic Gov. Gavin Newsom. The new measure enacts first-of-its-kind provisions to finally cut the knees out from under Big Oil price gouging in the Golden State. Among other things, the law will create a state oversight board that will offer unprecedented transparency into the pricing processes of major oil companies and refineries in the state and, if necessary, impose penalties for exceeding reasonable profit margins. That, in a state where Big Oil has clocked record profits over the past year or so, even as they falsely claim their exorbitant price hikes for gasoline were due to global supply shortages.

The new law grants subpoena power to the state to, for the first time, open the books of Big Oil, an industry that has, literally, gotten away with murder for decades. Naturally, they fought tooth and nail to stop the law's passage, but state Dems overcame the pushback to adopt a measure that could become a model for other states as well as the federal government. The oversight and regulatory scheme may even pave the way for oversight and regulation of other industries like Health Care and Internet providers.

"One of the things that is so important about this new law is that it directly confronts the Big Oil playbook that we see them carrying out," Siegel explains. "Big Oil knows that its days are numbered and it is a declining industry. It is declining first here in California. But they have a plan to maximize their profits and maximize the damage they do on the way out the door. This new bill, the first of its kind in the country, is a really important part of pushing back on that, and protecting Californians from this destructive industry."

There is much more in my conversation with Siegel, including where the measure falls short and where California residents need to push Newsom to keep going farther still.

Next, we're joined by long-toiling BradBlog.com legal analyst ERNEST A. CANNING on two different abortion-related lawsuits in the news this week. One is last Friday's outrageous ruling by Trump-appointed, far-right Christian activist U.S. District Judge Matthew J. Kacsmaryk in North Texas, nullifying the FDA's 20-year old approval of mifepristone, a drug used in the majority of the nation's abortions.

As Canning warned in a really helpful explainer on all of this back in February, Kacsmaryk was threatening to issue a ruling likely to take the drug off the market in all fifty states, even though, as the Dept. of Justice has now argued in their emergency appeal seeking a stay (as filed this afternoon), the statute of limitations has long expired for a challenge to a drug approved as safe and effective during the Clinton Administration. As Canning wrote in February, and as the DoJ argues today, the challengers actually have no standing and no injury to bring the suit in the first place, as the physicians involved neither prescribe nor use the the drug themselves.

The other case discussed is one that Canning wrote about today, detailing the challenge brought by physicians and Planned Parenthood in Idaho, challenging the state's extreme, near-total abortion ban. The state statute includes no exceptions for the life of the mother or even cases of rape or incest, though it allows someone charged with having carried out an illegal abortion in the state to try and prove those exceptions in court. Otherwise, the law mandates 2 to 5 years in prison for someone convicted of providing an abortion, and the suspension of the medical license of a provider who assists in any way.

But the federal lawsuit Canning reports on today is to none of those point. The complaint is a challenge to the state Attorney General's recent legal analysis declaring that Idaho doctors may have their licenses to practice suspended for merely "assisting" in an abortion by simply informing a patient that they may obtain a legal abortion in a different state. The plaintiffs argue that the restriction violates the U.S. Constitution's First Amendment Free Speech clause, as well as the interstate commerce clause and the 14th Amendment's right to due process.

After decades as a litigator, does Canning still have confidence that the federal judicial system, corrupted by the far-right, will still be able to the right thing in these cases, respecting the precedent of long-established caselaw and the U.S. Constitution itself? Tune in to find out...

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Weird. It's almost as if Republicans say one thing but do the exact opposite or something. Especially when it comes to freedom, the First Amendment, personal responsibility, parental rights, Big Government regulations, activist judges legislating from the bench, and...well, tune in to today's BradCast for much more. [Audio link to full show follows below.]

Among the stories helping to highlight all of that today...

• Wingnut children's book author Bethany Mandel made herself famous this week. Not in a good way...but in an hilarious way, as the GOP's silly and desperate Anti-"Woke" Chronicles continue.

• In their ongoing Anti-Freedom Crusade, Republicans have now figured out how to gerrymander the federal judiciary. Following a four-hour hearing this week in a federal courtroom in Texas, Trump-appointed, far-right, anti-abortion activist U.S. District Judge Matthew Kacsmaryk appears on the precipice of legislating from the bench to nullify the FDA by banning the abortion drug mifepristone. The medication was approved by the FDA for use more than 20 years ago and has proven to be incredibly safe and effective ever since. It is used in more than half of the abortions in the U.S. But, as Ernie Canning detailed last month, Kacsmaryk shouldn't even be hearing this unprecedented challenge. It should be tossed out entirely for numerous legal reasons that he helps explain, including lack of legal standing and statute of limitations. Nonetheless, the lawsuit filed by foes of reproductive rights comes after Sam Alito, Brett Kavanaugh and the rest of the corrupted rightwing SCOTUS majority told us just last year, when overturning Roe v. Wade, that they were doing so in order to "return the issue of abortion to the people’s elected representatives." Kacsmaryk may be many things, including "arguably the worst judge in the United States." But he is definitely not an elected representative of the people.

• In news of still more rightwing hypocrisy and lies this week, it turns out that Florida is not "where woke goes to die," as Gov. Ron DeSantis likes to sputter. Actually, it's where freedom, the First Amendment and parental rights, among other things, go to die. This week, the state's Dept. of Business and Professional Regulation filed to revoke the Hyatt Regency Miami's liquor license. Their crime? The venue featured the popular Drag Queen Christmas show last year, allowing entrance by those under 18 if they were accompanied by an adult to see the show featuring stars from RuPaul's Drag Race program on VH-1 and MTV. Parents in Florida now have Big Government to co-parent with them, apparently, thanks to the Presidential ambitions of their hypocritical book banning, First Amendment hating Governor.

• CNN reports exclusively today that "At least two dozen people --- from Mar-a-Lago resort staff to members of Donald Trump’s inner circle at the Florida estate --- have been subpoenaed to testify to a federal grand jury that’s investigating the former president’s handling of classified documents." That, as part of Special Counsel's Jack Smith's federal probe.

• The Atlanta Journal Constitution has a much more explosive exclusive today, however, as based on their interview of five members of the Special Grand Jury in Fulton County, Georgia who, after eight months investigating Trump's conspiracy to steal the 2020 election in the state, unanimously recommended criminal charges for more than a dozen people to Fulton County District Attorney Fani Willis. There's a whole bunch of fascinating details in AJC's detailed report. But the biggest bombshell likely comes at the very end, when one of the jurors tells the paper: "A lot’s gonna come out sooner or later...And it’s gonna be massive. It's gonna be massive." 👀

• Finally, Desi Doyen has our latest Green News Report, with some good news on "forever chemicals", some accountability for the Norfolk Southern rail company and, believe it or not, some very good news regarding renewable energy in Texas. What?! Yes, Texas!...

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The nationwide right to terminate a pregnancy with medication is now at stake in three pending federal lawsuits. One, in Texas, has been filed by abortion opponents. Another has been filed in West Virginia by a manufacturer of one of the drugs used to terminate a pregnancy, after state lawmakers have attempted to ban its use in the state. The third is a complaint from a physician in North Carolina where her ability to prescribe the drug may now be in peril.

The outcome of these three cases may ultimately succeed in protecting nationwide access to abortion rights even in states where Republican lawmakers have attempted to ban all such freedoms.

That said, while unlikely, it's also possible that one of these three cases could result in the elimination of the right to medical abortion in all 50 states...

We should be both relieved and outraged!

Relieved that, earlier this month, the Center for Disease Control (CDC) and Food & Drug Administration (FDA) approved a new round of booster shots specifically re-designed to address new variants of the deadly COVID virus.

Outraged because, despite the expenditure of tens of billions of U.S. taxpayer dollars on research and development (R&D), the pharmaceutical industry's refusal to waive its "gifted" patent rights prevented a global rollout of the COVID vaccines. In turn, that refusal resulted in the need for the new booster shots.

Outraged because the industry's refusal to waive their patent rights has produced "excess mortality" with COVID that, as of the beginning of this month, has killed at least 6.5 million people worldwide, with no end in sight.

Outraged because this will, in all likelihood, not be the last newly reconstituted booster shot needed. It is the considered opinion of two thirds of the world's epidemiologists that the failure to provide global vaccinations will give rise to mutations that "could render current COVID vaccines ineffective."

And, yes, the patent rights were, indeed, a gift --- from the United States to the Pharmaceutical Industry...

The state of California is embarking on a ground-breaking effort to manufacture and distribute a life-saving drug. The plan also deals a first major blow to private pharmaceutical companies that have long abused the nation's legal system for profit at the expense of the health of the citizenry.

"On my first day in office I signed an Executive Order to put California on a path towards creating our own prescription drugs," Democratic Governor Gavin Newsom declared in a July 7 video posted to Twitter, referencing his inauguration promise in January of 2019. "And now it's happening".

Newsom's statement came in the wake of his approval of a Golden State Budget Proposal that will invest $50 million into development and $50 million more into a State-owned facility that will manufacture and distribute generic (aka biosimilar) insulin to Californians at slightly above cost.

If it succeeds, California, which has the world's 5th largest economy, will not only become the first State, but also the only government, other than Cuba, to embrace the socialized production of generic medications. (Although Cuba develops and manufactures its own generic medications and provides free "preventative medical care, diagnostic tests and medications for hospitalized patients", Pharmacy Times reported, "Cubans pay out-of-pocket for outpatient medications.")

California's progressive Democratic Governor pointed to the extraordinarily high cost of insulin as a form of "market failure" that justifies his embrace of socialized medications. His decision to allow the Golden State to produce its own generic insulin also highlights the immoral manipulation of the nation's patent laws by for-profit drug companies...

On today's BradCast, one of our favorite guests is back to explain why the wildly corrupt Thomases, as horrible as they are, may be one of the least of our concerns when it comes to what the rest of the GOP's wildly corrupt --- not to mention stolen and packed --- U.S. Supreme Court may now be moving toward.[Audio link to full, must-listen show is posted below.]

First up, however, a major new, peer-reviewed, double-blind study released in full today, finds what many have been trying to make clear for quite some time: There is no legitimate evidence that the anti-parasitic drug Ivermectin, most commonly used to de-worm horses, has any positive effect as a treatment for COVID.

In fact, as one part of the huge new Brazilian study found, placebo pills were actually more effective than Ivermectin! Dr. Andrew Hill, a virologist at the University of Liverpool in England, whose early analysis (since retracted) of several smaller studies (at least one of which appears to have been fraudulent) was frequently cited for evidence of the drug's effectiveness, appears now to concur that the new Brazilian study pretty much removes all doubt. Ivermectin is of no use in treating COVID. We now have a pretty large body of evidence demonstrating that is true no matter what clownish TV doctors and profiteers and misinformation specialists on Fox "News" or Joe Rogan's podcast have to say about it.

That said, there are safe and effective (and free) ways to avoid the worst effects of COVID, which peer-reviewed studies have confirmed. They include the Moderna and Pfizer vaccines. Actual professional virologists, epidemiologists and both the CDC and FDA strongly recommend them, as do we. Earlier this week the FDA authorized a second booster shot for anyone over 50 who hasn't received a shot in the past four months. Please get one and let's end this goddamn pandemic once and for all. Thanks.

On to our main topic(s) today, as we're joined by the always great, always illuminating, and pretty much always-right-about-everything MARK JOSEPH STERN, legal journalist from Slate.com who smartly covers the law, the court system, the U.S. Supreme Court, election law, LGBTQ issues and much more.

We've got just a few things to discuss with Stern today, including the ridiculous Senate Judiciary Committee confirmation hearings last week for Judge Ketanji Brown Jackson, Joe Biden's nominee to the U.S. Supreme Court, where she would be its first black female Justice. On Wednesday, it was actually news for some reason that one Senate Republican has announced she will vote for Jackson's confirmation. But, beyond the childish stupidity of Republican Senators on the Judiciary Committee last week falsely suggesting that Jackson is somehow in favor of child porn and terrorists, there was something else far more disturbing that emerged from the GOP questioning of Biden's highly qualified nominee.

In short: Republicans aren't just targeting Roe v. Wade's well-established right to an abortion (which the Supreme Court is very likely to overturn within the next few months), but they actually appear to be gunning to reverse a whole bunch of landmark, privacy-related rights, including Obergefell v. Hodges, the landmark 2015 ruling establishing a Constitutional right to same sex marriage equality. But that's not all. Also now in their sites for reversal are Griswold v. Connecticut (1965, establishing the right for married couples to buy and use contraceptives) and, yes, even Loving v. Virginia (1967's landmark civil rights decision establishing the right to interracial marriage)!

Think these concerns are exaggerated? That Republicans aren't actually gunning for those federal rights as well? Tune in and find out if you're wrong.

Also, as we discuss, Stern now believes it is unlikely that Republicans will ever vote to confirm another Supreme Court Justice nominated by a Democratic President if they regain majority control of the Senate. He further believes they will stop confirming the President's nominees for any judgeship on the federal bench.

"It is very clear now that Republicans begin from the position that Democratic Presidents have no authority and no right to appoint Supreme Court Justices, or to appoint lower court judges. This is following a longstanding pattern in the Senate of Republicans almost uniformly --- or all uniformly --- voting against nominees to the lower court, including many who are super-qualified and uncontroversial," Stern observes. "We have swung back and forth between close confirmation votes and big overwhelming lopsided confirmation votes, but I fear that this is how it will be forevermore."

While those issues would be more than enough to fill an entire interview, it's not even half of what we cover with Stern today, including his thoughts on the wildly corrupt longtime rightwing activist Ginni Thomas and her husband, the wildly corrupt longtime rightwing activist Justice Clarence Thomas. The conversation follows on last week's explosive revelations that Ginni was relentlessly texting Donald Trump's Chief of Staff Mark Meadows in November of 2020, urging him to fight to reverse the results of Joe Biden's election victory, in hopes of overturning American democracy itself.

Given that Clarence was the only vote on the High Court in favor of blocking subpoenaed documents from the Trump White House, which might have included emails and text from Ginni, from being turned over by the National Archives to the U.S. House January 6 Committee, Stern believes this matter is now like nothing we have ever seen at SCOTUS.

"This may feel like the latest in a long line of atrocious conflicts of interest and injustices that Clarence and Ginni Thomas have inflicted on the country, but it is materially different, because we have never before seen a case where Clarence Thomas' vote so directly implicates his wife's work," Stern argues. After I note another such case --- where Ginni received hundreds of thousands of dollars in dark money for her so-called non-partisan non-profits following Clarence's vote in the 2010 Citizens United case (after that very same group, Citizens United, had quietly spent hundreds of thousands to help push through Clarence's controversial confirmation in 1991!), Stern notes that it "looks to the world, quite reasonably, like a husband trying to shield his wife from legal scrutiny. I think that is a huge leap forward in this story. This is different in kind, not just degree." He adds: "I think it's helpful to draw this distinction between votes that benefit a spouse and votes that shield them from a criminal probe."

So what should be done about the Thomases? Tune in for Stern's thoughts (and mine!) for a very lively conversation on that.

But wait, there's more! You may have heard about last week's outrageous "shadow docket" decision by the Court that put on hold a ruling by Wisconsin's Supreme Court, including the opinion written by one of its leading conservative justices, finding that Democratic Governor Tony Evers' new map for state legislative seats in the Badger State should be used in this year's redistricting, following the 2020 Census. The GOP's corrupt SCOTUS, however, feels otherwise, even though Evers' map was closer to the state's previous (and wildly gerrymandered) one than the map pushed by the state's far-right gerrymandered state legislature. To make the matter even more absurd, the High Court completely ignored its own entirely made up and opportunistically used "Purcell Principle", which is supposedly meant to prevent last minutes changes to laws that might throw elections into chaos. In this case, since Wisconsin's Supreme Court and Democratic Governor both agreed that a new black majority district was needed in Milwaukee, the rightwingers on SCOTUS decided they'd never heard of Purcell or, apparently, the Voting Rights Act of 1965.

If you're flummoxed about all of this based on the above explanation, you're not alone. Tune in, as Stern tries, as usual, to help us make sense of the senselessness now coming out of a U.S. Supreme Court that is on the verge of losing whatever shred of legitimacy it may have had left at this point...

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As usual, on today's BradCast, there is more continuing Trump corruption news than we can possibly keep up with. But don't blame us for trying. [Audio link to full show is posted below this summary.]

First up, however, a bit of news on the Omicron sub-variant BA.2, which has now become the dominant variant in the U.S. The FDA announced today that it has approved second Pfizer and Moderna boosters for everyone 50 years of age and over who received their last shot at least four months ago. Also, Will Smith apologized on Instagram to Chris Rock for assaulting him at the Oscars. A day late, but there ya go.

Then, we try to catch up with some of the latest Trump corruption/accountability news and some that we've fallen behind on, with an assist from longtime Philadelphia Inquirer columnist WILL BUNCH, who has been in a bit of a funk over the mountain of evidence of corruption on the Right and the lack of accountability for it.

Among the stories he and I discuss today...

• The news of the longtime prosecutors who recently resigned from the probe of Trump's years-long bank, tax and insurance fraud felonies after the new Manhattan D.A., Alvin Bragg, took over the investigation and tanked it. As revealed last week, one of the disappointed lead prosecutors told Bragg in his resignation letter last month that Trump was "guilty of numerous felony violations, that dropping the probe was "a grave failure of justice" and that "the team that has been investigating Mr. Trump harbors no doubt about whether he committed crimes - he did."

• The insane, conspiracy-theory laden text messages sent in November 2020 by longtime rightwing activist Ginni Thomas --- wife of longtime rightwing Supreme Court Justice Clarence Thomas --- to Trump's then Chief of Staff Mark Meadows, encouraging him to fight to steal the 2020 election. And the difficulty (at least by Democrats) of bringing accountability for our corrupted Court and its "giant legitimacy crisis".

• The seven and half hour gap in the Trump White House call logs from January 6th, 2021, as reported today by the Washington Post's Bob Woodward and Robert Costa, showing no record of Trump calls during the insurrection he incited at the U.S. Capitol from 11:17am that day until 6:54pm that night, even though the U.S. House Committee investigating the insurrection has confirmed a number of phone conversations that occurred with Trump that day.

"There seems to be no way or no will to hold our staggeringly corrupt leaders accountable --- whether it's Trump defrauding the banks or plotting an attempted coup from the Oval Office, or a Supreme Court justice ruling on his wife's bat-guano crazy political crusade," Bunch lamented in his column over the weekend. "I'm in a total funk over the state of the union."

Today he tells me, "We have this situation where there are a lot of people in the body politic saying look, the evidence is overwhelming that the 45th President of the United States was a criminal, and yet, the handful of people who are actually in the most key positions for possibly doing something about it won't go there, apparently." While he recognizes that some, such as our friend Marcy Wheeler of Emptywheel, believe Attorney Gernal Merrick Garland actually is working his way up the food chain toward Trump, he remains dubious.

"Common sense is telling me that, given what's at stake, this is taking too long," he argues. "While this hangs out there, you've got all of these state legislatures enacting laws to make it possible to pull off a coup in 2024. Maybe putting a few of these guys on trial and sending a few of them up the river, maybe that would change the dynamic a bit in the country."

Bunch does put stock in the House J6 Committee's work and looks forward to Watergate-like hearings in the coming months which might change the current trajectory. But, in the meantime, he remains concerned about the ability of key institutions, like our corrupted SCOTUS, to maintain any legitimacy.

"A healthy democracy would have a healthy Supreme Court. But it's a very reform-proof operation. Only one Supreme Court Justice has been impeached in U.S. history," he notes. "They don't have any particular code of ethics, even when it comes to recusing themselves on cases like this Clarence Thomas situation. They're supposed to use their best judgment, and we kind of have to hope for the best."

"For a long time there has been this simmering general sense that there are two systems. There's not one system of justice in this country. That certain privileged people at the top, it's not just politicians, it's wealthy people, it's high-profile people...Here's New York City with six cops ganging up on somebody who jumps a subway turnstile because they didn't pay the $2.50 fare because they probably couldn't afford it. There's a sense of anger about that, and I think it ties in to how people feel about Trump or Ginni Thomas, that it's all of one piece. And I think that is just causing a broader lack of trust in this country."

But, Bunch also insists that he remains "an optimist," is hopeful things can still change and that we may soon begin to see accountability. "That's the January 6 Committee. Once they get their case out there, the public demand for [accountability] might peak. And for that, we can only hope."

Finally, Desi Doyen joins us for our latest Green News Report, with news on Europe weaning itself from Russian fossil fuels and, speaking of a lack of accountability, new reporting on how corrupt Sen. Joe Manchin (D-WV) has, for years now, used his public office for massive personal financial gain...

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On today's BradCast: Baby, it's COLD outside in much of the Midwest and Northeast. Record cold, in fact, with wind chills dipping near an unfathomable 60 degrees below zero in some parts of the country, as discussed with --- and explained by --- our guest today. [Audio link to full show posted below.]

But, first up: Donald Trump's own top intelligence chiefs --- the FBI and CIA Directors as well as his Director of National Intelligence and others --- all directly contradicted the Commander-in-Chief on matters of foreign affairs this week, from the nuclear threat posed by North Korea, to the continuing threat from ISIS in Syria and Iraq, to the cybersecurity threat to elections posted by China and Russia, and to the lack of nuclear threat from Iran or at the U.S.-Mexico border.

Testifying before the U.S. Senate Intelligence Committee on Tuesday, the intel heads --- appointed by Trump himself (not so-called "Deep State Obama Democrats") --- expanded on their newly published annual "Worldwide Threat Assessment" [PDF]. As it turns out, neither the new report nor the officials themselves cite border concerns as any sort of danger to the nation, despite Trump's persistent and unsupported claims to the contrary and his threat to declare a "National Emergency" if he's not given $5.7 billion for his southern border wall before the Continuing Resolution for government funding runs out, once again, on February 15. Today, in response, Trump mocked his own intel staff as "naive".

The testimony from Trump's own intel chiefs is likely to be used against the President in court, should he declare that "emergency", according to U.S. House Intel Committee chair Adam Schiff (D-CA). But, as Democratic Committee member Rep. Jackie Speier (D-CA), points out, House Republicans have yet to actually appoint their members to either that Committee or three others (on Climate Change, Ethics or House Administration, which handles election challenges, such as the one in North Carolina's 9th Congressional District, where the House seat is still empty due to a GOP absentee ballot election fraud scandal.) Those committees may not proceed with virtually any business until House Republicans appoint their members and end the purposeful slow-walking.

After that warm up, it's on to the sub-freezing temps that have kept even the U.S. Post Office from completing their appointed rounds in a number of states. Of course, the big chill has led the Fox "News" clowns and climate change Denier-in-Chief to have a grand old time avoiding the actual scientific explanation for the bone-numbing depression in the Polar Vortex which, yes, is tied to global warming.

We're joined today by "Climate Guy" GUY WALTON, a 30-year Weather Channel veteran meteorologist, for some actual science on what's going on. Walton pens a daily "Extreme Temperature Diary" and is co-author, with Nick Walker, of the new (joyfully snarky) children's book and climate primer World of Thermo: Thermometer Rising.

Walton explains why and how global weather patterns have changed in recent years to bring bitter cold snaps like the one experienced this week in parts of the U.S., even as the rest of the globe --- like Australia, where temps have neared 120 degrees Fahrenheit and touched off record bush fires in recent days --- continues to suffer from record heat, thanks to anthropomorphic Global Warming. This "Age of Weather Extremes" is precisely in line with what climate scientists have long predicted.

"Right now, as far as global warming goes, we're having a lot of warmth from the sub-tropics moving northward over the polar areas, where, prior to, say, the 1970s, we hadn't been seeing that as much," he tells me. "What we had in the past, when we had Arctic outbreaks in the 70s and 80s, we had a larger, colder Polar Vortex encompassing the Northern Hemisphere. Now we have a warmer Polar Vortex which is not quite as large, and it's having a tendency to pinch off pieces...when they do pinch off, they're quite cold, and you can get cold air, colder than what you have right now at the North Pole, sitting right over say, Chicago or Detroit."

As to Trump's recent tweet making light of "Global Waming [sic]" amidst the Arctic blast, Walton argues: "A lot of this is out of greed, and to perhaps make more money through the fossil fuel industry. And to some extent, it's just denial, in that they know deep down the Titanic is sinking, they're just not wanting to admit that the ship's going to go under the water, so to speak."

Finally, some encouraging news today from the world of science, which we could have told you about (and, in fact, did!) years ago. A new "seminal study" finds that e-cigs or vaping is more than twice as likely to lead smokers to kick the habit than the use of Big Pharma-approved nicotine delivery systems such as patches and gums. While that may be bad news for Big Pharma's billion dollar nicotine industry, it's good news for the world which sees more than 6 million die annually thanks to tobacco, including nearly half a million alone here in the U.S. Now, if someone would just inform the Democrats in Congress and around the U.S. who are working to make it harder, not easier, for people to quit smoking and dying by moving to vaping, it would be VERY much appreciated...

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(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: Intense winter storms wreak havoc from coast to coast; Trump's ongoing government shutdown threatening public health and safety; 2018 was the hottest year on record for the world's oceans, putting the planet in hot water; PLUS: California's largest electric utility to file for bankruptcy in wake of catastrophic wildfires... 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): Are we living through climate change’s worst-case scenario?; EPA criminal action against polluters hits 30-year low; Australia extreme heatwave: 'code red' issued; How China’s big overseas initiative threatens global climate progress; Detroit Auto Show has SUVs, horsepower, but electric cars are few; Water desalination plants harm environment, U.N. report finds; New industry group pledges $1B to combat plastic pollution; One fight the Green New Deal should avoid for now; Trump’s executive order will aggressively cut more forest trees... PLUS: Air pollution is as bad as smoking when it comes to miscarriage risk... and much, MUCH more! ...

On today's BradCast: Donald Trump's federal government shutdown is the now the longest in U.S. history and landowners in Texas are fighting to keep the federal government from stealing their land even before Trump shakes down the U.S. Treasury somehow for $5.7 billion. Also, we might have avoided all of these messes had we only paid attention to a remarkably prescient warning from a 1958 episode of an obscure television show on CBS. [Audio link to show follows below.]

On Friday, some 800,000 furloughed federal workers missed their paychecks, after hundreds of them protested the shutdown, lockout, "shakedown" outside the White House as they are having trouble paying rents, mortgages and for food and medical needs. Nonetheless, Trump continues to threaten a "national emergency" declaration to force the funding of his long-promised southern border wall with money the Administration is considering taking from U.S. military disaster relief funding earmarked for hurricane and fire-ravaged states like Florida, Texas, California and dozens of others.

House Democrats (and a handful of Republicans) continue to vote to reopen the government --- or, at least, some of its various agencies which have nothing to do with immigration or a wall --- while Republican Senate Majority Leader Mitch McConnell refuses to allow a vote on same in the upper chamber, even for identical bills to the those passed virtually unanimously there last year. Airports are being forced to enact closures for lack of TSA personnel, the nation's foods supply is going untested by the FDA for contamination, FBI agents are sending letters to the White House and Congress describing the furlough of thousands of special agents as a national security threat, and federally subsidized HUD housing for the elderly and poor is being forced to do without.

Meanwhile, down in Texas, in the Rio Grande Valley, even before Trump receives the $5.7 billion he is demanding for hundreds of miles of new border wall/fencing, property owners are receiving letters from the federal government to begin the process of eminent domain. Families who have lived on the banks of the Rio Grande for generations are being threatened with having their homes taken away to pave the way for the construction of Trump's wall. Even an historic, 150-year old Catholic mission chapel on the banks of the river --- and on the city seal of Mission, TX --- finds itself in a legal battle with the federal government to remain in place.

We're joined today by RICKY GARZA, Rio Grande Valley native and staff attorney for the non-profit Texas Civil Rights Project. As Trump came to the area for another photo-op on Thursday, Garza is working to help hundreds of local property owners in the valley understand their legal rights to fend off a government takeover of their land and homes.

Garza scoffs at the President's claims of "crisis" conditions in what he describes as a "diverse region of over a million people that lives and dies by the water that comes from the river," but which may soon be cut off from it entirely. "The only crisis that exists now is artificially created by this administration," he tells me. "The only time I heard any talk about a crisis along the border was when I turned on cable news."

"Polling consistently shows that an overwhelming majority of people that actually live and work on the border oppose the border wall, and oppose the militarization of our communities," he says.

"What we're seeing on the ground is that people are having their lives interrupted by this intrusion into the borderlands by the federal government and border militarization. We've seen a decrease in apprehensions along the border, yet an increase in Border Patrol hiring, staffing and construction of things like the border wall, erections of things like security towers along the areas close to the river, and aerostat blimps that were formerly used in Iraq now deployed in some neighborhoods to surveil the border, and implicitly, all of us," Garza laments. "It's just another sad example of the federal government failing to understand the realities of life on the border, and what it's really like for us, just trying to live our lives in peace."

Finally today, a few minutes from a gob-smacking episode of the 1958 CBS Television series called Trackdown in which --- and this is for real --- a colorful con-man named "Trump" (seriously!) comes to town and tries to tell its gullible, terrified residents that only he can save them...by selling them on a "wall" to protect them from total destruction!!!...

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On today's BradCast, while Donald Trump threatens to declare a "national emergency" to build his southern border all, his federal government shutdown may lead to a real emergency on everything from the nation's food supply to air travel to defense against weapons of mass destruction and cybersecurity threats. [Audio link to show follows below.]

But first, as Donald Trump's federal government shutdown continues over his insistence that tax-payers spend $5.7 billion to begin construction of his wall, we take a quick look back at some of his 2013 comments on who should be blamed for government shutdowns, back when he charged that Presidents, not opposition parties in Congress, should be held responsible. But what he had to say about walls way back in 2004 is even more amusing and/or ironic.

Meanwhile, Trump hoped to blame Democrats for the shutdown today, while claiming it needed to continue for the "safety of our Nation". But the safety of the nation, including its food supply, is now endangered by the three week shutdown of all FDA food inspections (along with furloughs of thousands of agents at the Federal Aviation Administration, Secret Service, FBI, DHS' cybersecurity agencies and even its Countering Weapons of Mass Destruction Office.)

We're joined today by food and agriculture correspondent TOM PHILPOTT of Mother Jones' to discuss the safety (or lack thereof) of the nation's imperiled food supply as the shutdown is now days away from becoming the longest in U.S. history. The FDA's lack of all food inspections comes on the heels of the CDC's declaration this week that the second of two deadly E. coli outbreaks in romaine lettuce last year is finally over.

"We should be pretty concerned, especially as this drags on and on," Philpott warns. "Any kind of product that we take for granted, mundane products that aren't regularly in the news for causing outbreaks, can cause outbreaks when companies lapse and the regulatory process fails. This is an engineered failure of the regulatory process. It's just a very, very stupid idea."

"Who knows how long this thing is going to go on?," he says. "Which, if it does, the food safety situation is going to get gnarly."

Philpott's concerns reach beyond the current situation, however, as he explains how the Trump Administration's de-regulatory agenda has already undercut the safety of our nation's food supply. Also, he reports on how the shutdown (and trade war) is negatively effecting farmers (many of whom comprise Trump's base) and craft beer makers (small business owners), along with women, infants, children and others in poverty who rely on government programs for nutrition assistance.

While Trump said today that if Democrats don't agree to his demand for billions in border wall funding he will "definitely" declare a national emergency in order to force the construction of his wall, even folks on the Right --- for example on his favorite Fox 'News' show --- argue that such a Presidential declaration would set a very bad precedent.

But, with Americans increasingly blaming Trump for the shutdown by double-digits, and sharing that blame with GOP Senators up for reelection next year, the toughest sting for our Reality-TV President may be that more Americans tuned in to watch Democratic House Speaker Nancy Pelosi and Senator Chuck Schumer's response to Trump's prime-time Oval Office address on Tuesday, than the number of those who watched the speech itself. So much for his "winning" television ratings.

Finally, with good news/bad news for Joshua Tree National Park amid the shutdown, Desi Doyen joins us for the latest Green News Report, as Fiat-Chrysler agrees to pay a huge fine to the EPA for using secret software to cheat on emissions testing, as Trump threatens to cut off FEMA wildfire disaster relief to California, and as Democrats continue to push back and push ahead on climate crisis action...

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