Today's BradCast is perhaps better listened to than explained. But here's a quick summary and some links for more details. [Audio link to full program follows this summary.]

We focus today on the largely peaceful pro-Palestinian protests that have sprung up on college campuses across the U.S. over the past week or two in response to Israeli Prime Minister Benjamin Netanyahu's punishing, ongoing assault of Gaza and the Biden Administration's facilitation --- reluctant or otherwise --- of that effort. Our central focus is on the responses to the protests here in the U.S. by counter protesters, media, politicians (including remarks by Joe Biden today), and, most disturbingly, armed riot police who seem to be touching off the bulk of the violence, or at least the eye-catching "if it bleeds it leads" scenes of chaotic confrontations that are easy to show on television news, whether they capture the truth of the moment or not.

As noted, today's program is better listened to than explained, I think. But, among the source material referenced in our coverage...

• L.A. Times: "More than 200 arrested as police dismantle UCLA pro-Palestinian camp"
• David Kurtz: "Another Wave of Campus Arrests Overnight as Police Intervene in Protests"
• Thomas Zimmer: "Student Revolt and the Curtailing of Critical Speech"
• MSNBC's Chris Hayes on American protests and proportionality.
• Rep. Alexandria Ocasio-Cortez (D-NY) on her response to young progressives or Arab-Americans who say they can't vote for Biden this year.
• Ernie Canning: "Third-Party Myopia v. Democracy's Survival"

As usual, I welcome your responses in comments below or via email. If you can keep 'em short and sweet perhaps I'll share them on the show.

Also today, Desi Doyen covers the damning new report [PDF] from Congressional Democrats exposing how the oil industry spent decades deceiving the public and sowing doubt about the dangers of burning the fossil fuels that are the primary drivers of our climate crisis. Internal documents reveal how Big Oil shifted from outright climate denial to a covert strategy of "deception, disinformation and doublespeak" to delay the transition to clean energy and preserve their profits --- publicly professing support for reducing emissions while privately lobbying against climate laws and regulations. The tranche of subpoenaed communications were the focus of a Senate Budget Committee hearing on Wednesday, with expert testimony delving into the details of the oil industry's ongoing efforts to mislead the public about fossil fuels and the climate crisis.

And finally, our latest Green News Report with a bit more on the above, and on the unforgiving costs the world continues to pay for it, including this week with extreme heat and storms in Asia and the oil industry-facilitated plastic pollution crisis across the globe...

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At a moment when, as President Joe Biden has aptly warned, both "democracy" and "freedom" will be on the ballot in November, third-party myopia poses a clear and present danger to survival of constitutional democracy in these United States.

Metaphorically, the word "myopia" refers to "cognitive thinking and decision making that is narrow in scope or lacking in foresight or in concern for wider interests or for longer-term consequences." It is a metaphor that, in this current cycle, can be applied to the Presidential campaigns of Green Party candidate Jill Stein, People's Party candidate Cornell West, and the independent candidacy of Robert F. Kennedy, Jr.

Third-party myopia lies in the near mathematical certainty that none of these three candidates can secure a single electoral vote, let alone the 270 needed to become the next POTUS. It also lies in the failure of progressive third-party candidates to recognize the potential for "blowback" --- for example, the creation of a supermajority of corrupt, democracy-subverting rightwing SCOTUS ideologues as an unintended consequence of past third-party Presidential campaigns. Myopia can also be found in the polemic canard that there's no ideological difference between the two major parties. That thinking is false on countless levels, but especially when it comes to the very core of our democracy: voting rights. On that score alone, the two major parties are polar opposites.

By their very nature, third-party campaigns are divisive --- a truly unfortunate circumstance at this pivotal moment in our nation's history. But if ever there was a time for We the People to unite in our resolve that, in the immortal words of Abraham Lincoln, "government of the people, by the people, for the people, shall not perish from the Earth", it would be on Nov. 5, 2024. Only "transformative solidarity" can save our precious constitutional democracy.

Here's why...

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IN TODAY'S RADIO REPORT: Europe is the fastest-warming continent on the planet, new study warns; Plastics manufacturers are big contributors to man-made global warming; PLUS: Biden Administration unveils Solar For All program, American Climate Corps, and sweeping new actions on conservation... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Here's how to apply for Biden's Climate Corps job; Oil companies must set aside more money to plug wells, but it won't be enough; Ohio Gov. DeWine got secret $2.5 million boost from power company; World 'losing the battle' against electronic waste, UN finds; Net zero has become unhelpful slogan, says outgoing head of UK climate watchdog; Communities fight the last toxic battery recycling plant in CA; Don’t flush trees down the toilet. Use sustainable toilet paper instead... PLUS: Earth Day: A senator more than 50 years ago got people fighting for the planet... and much, MUCH more! ...

It was yet another busy news day and, thus, it was another very busy BradCast. [Audio link to full show follows below this summary.]

Among the many stories covered today...

• It has been a very very bad 24 hours for our disgraced former President in three of his four criminal cases, as he's now received rejections from three different judges to three different motions to dismiss or delay in three different jurisdictions over that period. Last night, Juan Merchan, the judge in his New York hush-money fraud case rejected his last minute motion to delay his April 15th trial until after SCOTUS rules on his laughable "Presidential Immunity" claim. The judge in his Georgia election theft conspiracy case, Scott McAfee, rejected Trump's effort to dismiss on ridiculous First Amendment "protected political speech" grounds. And even Aileen Cannon, the corrupt Trump-appointed federal judge overseeing his case in Florida for stealing national security documents upon leaving the White House, finally issued an order rejecting his absurd Presidential Records Act defense as cause for pre-trial dismissal. Sad!

• The secretive, supposedly "centrist" No Labels group announced they will not be running a third-party candidate for President in 2024 after all.

• Kim Taylor, the wife of an elected Republican official in Iowa who was named as an unindicted co-conspirator, will get just four months in prison after being found guilty last year of 52(!) election fraud crimes, including registering and casting votes for her husband in the names of others. (Tip for vote fraudsters looking to get off easy: Be a Republican.)

• Wisconsin's newly progressive Supreme Court majority will now decide whether to reverse the previous right-wing majority's ban on the use of absentee ballot drop-boxes in the critical battleground state this year.

• An out-of-the-blue call on Tuesday by a rightwing extremist on Twitter to change the way Nebraska will allocate its Electoral College votes in 2024 --- in hopes of awarding an extra vote for Trump this year --- gained support just hours later from the state's Governor and the desperate former President before failing in a vote by the state legislature Wednesday night. Bigly. The measure still could come back up for another vote, however, before the legislative session's end on April 18, or in a Special Session thereafter if called by the Governor.

• Following a reportedly tense call on Thursday between the nation's two leaders, the White House announced that President Biden issued a warning to Israel's far-right Prime Minister Benjamin Netanyahu: Change course in Gaza or...else. The White House said the President demanded swift changes to Israel's war on Gaza to allow much more food and humanitarian aid to reach starving citizens and protection for both civilians and relief workers. Though it remains unclear how U.S. support may change, an Administration spokesperson said they expected to see action from Israel "in hours or days" before reassessing current policy.

• On Wednesday, Senator Bernie Sanders joined President Biden at the White House to tout their successful efforts at lowering the cost of healthcare and, specially, prescription drug prices following the adoption of the Inflation Reduction Act which every Republican in Congress voted again. After forcing Big Pharma to lower the cost of insulin and certain asthma medication for Medicare recipients to no more than $35/month, both men called for still more cuts in the price of overpriced prescription drugs sold in America to everyone, not just those on Medicare.

• Finally, Desi Doyen joins us for our latest Green News Report with news on a looming, climate-change fueled hunger crisis in Southern Africa; the Biden Administration's largest-ever investment to decarbonize American manufacturing; how melting polar ice is bending time itself; and the opening of America's first commercial-scale offshore wind farm...which is decidedly not killing whales (insists Desi.)

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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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After a few quick words about the "Goldilocks" final jobs report to be released by the federal government before Tuesday's critical midterms on today's BradCast, we get right to what might be regarded as a closing argument for progressives. Of course, we're unlikely to change the minds of many brain-poisoned MAGA rightwingers at this late date, but there may still be some on the left who are reachable and could use some encouragement. [Audio link to full show is posted below this summary.]

Last week, The BRAD BLOG's legal contributor, Ernie Canning, who served as a Senior Advisor to Vets for Bernie during his 2016 campaign, published his latest article. It's titled "To Save American Democracy: A long time Bernie Sanders supporter on why we must vote 'blue' in '22". Please give it a read if you haven't.

Ernie updated his post the next day to note that former Green Party Presidential candidate Ralph Nader had also endorsed voting for Democrats this year on Democracy Now!, describing the GOP as a "dictatorship party" and "the most dangerous political movement since the Civil War."

As readers and listeners know, I too have broken from my nearly 20 years of remaining non-partisan when covering major elections, to specifically call on folks to vote this year for Democrats. As I have explained, that is not because I believe the Democratic Party is wonderful, but because I am really really concerned right now about the survival of American democracy itself. For reasons that I've detailed on both The BRAD BLOG and The BradCast for months (if not longer), the issue of its survival is quite literally on the line in the 2022 elections ahead of the 2024 Presidential election.

All of that, even as I've heard from too many folks on the so-called progressive left who still don't seem to fully appreciate what is at stake and believe that we still enjoy the luxury this year of voting for a third party or sitting out entirely. We don't.

Over the weekend, my guest today, ALAN MINSKY, a lifelong activist and Bernie Sanders supporter himself who now serves as the Executive Director of Progressive Democrats of America, published an article headlined "No Person of Conscience Can Sit Out this Midterm Election", wherein he makes the progressive case for voting for the Democratic Party this year. "Democracy and the very principle of a Society of Equals are on the ballot," the sub-title of his piece reads, adding, "and, yes, it's about the Economy too."

From the need to codify the rights and freedoms of Roe v. Wade, stolen by our corrupt Supreme Court, into federal law, to passage of the John Lewis Voting Rights Act and the Freedom to Vote Act and much more, Minsky makes the case that "The 2022 midterm election represents a unique and historic opportunity to protect our democracy and our right to equality before the law against an unrelenting offensive being waged by the reactionary right." That, amid a rising authoritarian movement here and around the world and "widespread Republican support for Trump's Big Lie and the embrace of Authoritarian despots like Hungary's Victor Orban by Republican elites."

Though we haven't spoken on air (or at all actually!) for a number of years, Alan is an old friend after his years of formerly serving as Program Director at Pacifica Radio's KPFK, our flagship station here in Los Angeles. Alan has always been passionately progressive and likely even farther to the left than me, so I took careful notice when I came across his new piece at the liberal Common Dreams website.

We discuss all of the above and the concerns we both share about those on the progressive left who have either been misled or simply have yet to grasp the historic nature of this moment and the need to push back against rising authoritarianism, even if it means voting for a decidedly imperfect Democratic Party right now.

"If American democracy is toppled, this whole era we've lived through, understanding that we are citizens of a democratic society, the notion of a society of equals will be in such peril," he tells me today. "The reactionary right, coming off of January 6, coming off of Donald Trump's refusal to accept the election, they are emboldened to take down American democracy in their efforts to create a permanent ruling party."

"Bernie Sanders himself is barnstorming around the country to lift up Democratic candidates," Minsky observes, "to make the economic justice components of American society real for the average person." He urges that "we can't just cede this territory. Not just to a very dangerous rightwing, but even to the neo-liberal centrist Democrats."

"What I would encourage people to do is to recognize by voting and preserving the democratic process and improving it, you are maintaining capacity for a real progressive movement to be vibrant in the United States," Minsky argues. "This midterm election opens a space --- that I really want to encourage everyone listening who is a progressive --- we can win this in the Democratic Party."

"We can change this country for the better. But we have to preserve our democracy to leave that opportunity open. And that's why this election cycle is so important."

"If young people get out and vote at the level they did in 2018, let alone 2020, Democrats will win this election," he notes. "But that doesn't look to be where it is. I think that does have a lot to do with the perception that the Democratic Party is not a welcoming institution. But again, for those folks, you have allies on the inside of the party. We will fight this fight together, we will win this together. But right now it is essential that people DO vote in this election to preserve the democratic process that will be the instrument to allow us to win those victories in the near future. So, if we can preserve democracy, there's a bright future ahead."

"We have to preserve democracy now and strengthen it," Minsky concludes near the end of our broad conversation on a whole bunch of related topics. "We can do that with a victory in this election. So I encourage everybody, yes, to vote Democratic on Tuesday, or before Tuesday if you're in a state you can do that, and let's win this thing."

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I was a long time Bernie Sanders supporter. I still am. As an attorney and Vietnam veteran I even served as a Senior Adviser to Vets for Bernie during his 2016 campaign. I also supported Sen. Sanders during the 2020 primaries. That was then. This is 2022.

President Biden was not engaging in hyperbole when he recently warned the nation that "democracy will be on the ballot" this November.

I recently underscored his message with my coverage of the amicus brief to SCOTUS from all 50 State Supreme Court Chief Justices warning in no uncertain terms against the dangers of the "fringe", so-called "Independent State Legislature" (ISL) theory, soon to be decided by the High Court. The case, Moore v. Harper, was brought to the Court via North Carolina Republicans seeking to override their own state Supreme Court regarding partisan gerrymandering. The theory they are using to do so echoes the radical interpretation of the U.S. Constitution's Elections Clause as advanced by disgraced former law professor, John Eastman, during his attempt to help Donald Trump steal the 2020 Presidential election.

Irrespective of whether it comes by way of a violent insurrection or via judicial fiat handed down from the U.S. Supreme Court's "radicals in robes", American democracy may soon be all but lost absent a massive turnout for the midterms by everyone who desires to save it.

If a SCOTUS majority embraces the ISL theory, it could lead to a circumstance where MAGA Republican State legislatures can not only rig all future U.S. House elections via partisan gerrymandering, voter suppression and intimidation but also present what the Brennan Center described as a "nightmare scenario" in which a partisan, gerrymandered State legislature "would invoke [the ISL] as a pretext to refuse to certify the results of a presidential election and instead select its own slate of electors." In other words, under the ISL theory a partisan gerrymandered State Legislature, and not the People, would hold the ultimate power to "elect" all future Presidents. Neither gubernatorial vetoes, nor state voters nor state Constitutions nor state Supreme Courts would be able to overrule them.

Where MAGA Republicans proponents of the ISL theory offer an absurd bastardization of the Constitution's Elections Clause as a ticket to undermine democracy, most legal scholars regard the same Clause as providing a means by which democracy can be saved...

The three states carrying out the final midterm primary elections of the year on Tuesday offer a great side-by-side comparison of voting systems on today's BradCast, from the very best to the very worst in the nation. Also, Sen. Lindsey Graham offers an example of the GOP's very worst politics, even as it is likely to work out for the very best for Democrats. [Audio link to full show is posted below this summary.]

Among the stories covered on today's program...

• Why Delaware's so-called "hybrid" Ballot Marking Device (BMD) system made by ES&S and forced on all voters in the state at the polls, places the tiny state in contention for having the very worst voting systems in the country. You'd think they would realize that a 100% unverifiable touchscreen system that prints voters' selections on a paper ballot for them is already a terrible idea. But one that allows the computer to secretly reprint a voter's ballot --- allowing it to add, change or delete votes --- after voters think they've already approved their computer-marked ballot, is unspeakable stupid. That said, the system's "Permission to Cheat" feature is arguably even worse.

• Contrast DE's voting system with New Hampshire and Rhode Island's fully verifiable hand-marked paper ballot system. They, along with DE are also holding primaries today. But in about 40% of NH towns, they go even further in respecting voters by hand-counting all hand-marked paper ballots at the polling place, in public, as soon as polls close and before ballots are moved anywhere. That would be Democracy's Gold Standard. RI, in the meantime, tallies all ballots by computer, but at least (unlike in DE), they're hand-marked ballots, so can be known to reflect the intent of the voters. Well, most of them, anyway. As discovered during the early voting period in four towns, candidates from 2018 appeared on the 2022 touchscreen ballots for some voters who chose to use the state's new BMD systems, made available at the polls for optional use by disabled voters.

• Next, a follow-up to our conversation last week with Marilyn Marks, Executive Director of the Coalition for Good Governance, which is suing Georgia and its Sec. of State Brad Raffensperger, hoping to ban the state's 100% unverifiable touchscreen BMD voting systems in favor of hand-marked paper ballots. Marks was on the show to discuss the security camera surveillance video she unearthed in her federal lawsuit last week, revealing a bunch of Team Trump MAGA Republicans being allowed in to the Coffee County, GA election office last year to unlawfully breach the state's Election Management System software made by Dominion. The breach, as we discussed, was covered-up by Raffensperger, even though the Trumpers copied, stole and shared the critical software with others. That makes the 2022 and 2024 elections in the state (and elsewhere, where the same systems are used) uniquely vulnerable to malware and manipulation, given that Coffee County's system is connected to the state system, which programs all of the identical systems that Raffensperger forces every county in the state to use.

  Shortly after Marks' appearance on the show last week, a hearing was held in her federal lawsuit, and the judge inquired as to how the Coffee County breach relates to the plaintiffs' complaint. One of their attorneys, David Cross, gave a brilliant explanation in response (see transcript here, beginning on page 4), ending his remarks on the matter with a fantastic metaphor: "If we're going on a skydiving trip and we saw a bunch of bad actors unpack our parachutes, take them all apart, and then repack them and put them back and we learned that when we were on an airplane and if the pilot said to you, it is probably fine, your parachute is probably fine, just go ahead and jump and we'll find out when you're in the air, no one would jump out of that plane.

  "That is where we are," Cross added. "It is not an exaggeration. We have lots of people who are widely considered bad actors because of the lies that they spread about the 2020 election who had unmitigated access to the election system --- not pieces, not disconnected pieces --- the actual system in practice for the better part of two weeks. And we don't know what all they did. But we do know what they could have done. And it is not satisfactory to tell voters, 'Let's just hope the system works, and we have begun an investigation in the last couple of weeks, let's hope that that doesn't find that the system doesn't work.' That, Your Honor, we don't think is an appropriate way to proceed. And that is why this is so critically important for our claims."

• In what ought to win an award for worst, most tin-ear politics of the century, so far, Sen. Lindsey Graham (R-SC) introduced a bill today to ban abortion after 15 weeks of pregnancy in all 50 states. States that wish to go further, however, by banning abortions all together, are more than welcome to do so under his nationwide bill. So, this measure --- deceptively being sold by Graham as a "late-term" abortion --- would largely only affect "blue" states where privacy rights and reproductive freedoms are still respected. The bill, which Graham's own Republican Party is already furious about, comes after the GOP's corrupted, stolen and packed (with Graham's help) U.S. Supreme Court overturned Roe v. Wade in June and just weeks after Graham previously said he believes "states should decide the issue of abortion." Turns out that was just another pathetic lie from one of the nation's most pathetic U.S. Senators.

• Speaking of the corrupted U.S. Supreme Court (and tin-ears), Chief Justice John Roberts offered his first public remarks last Friday since his Court overturned Roe. He blasted those who question the legitimacy of the Court because they disagree with its decisions. "Simply because people disagree with an opinion is not a basis for criticizing the legitimacy of the Court," the Chief Justice said, completely missing the point. Over the weekend, the much-missed former Sen. Al Franken (D-MN) appeared on CNN to debate Roberts' remarks with GOP strategist April Stewart. As you'll hear, it did not go well for Stewart.

• Finally, Desi Doyen joins us for our latest Green News Report, as a hurricane finally ends California's record heat wave; reactors are finally shut down at Ukraine's besieged nuclear power plant; a showdown finally looms in Congress over energy permitting; and a climate champion finally ascends to become King of Britain...

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IN TODAY'S RADIO REPORT: Torrential rains break historic California heat wave, capping Summer of Extreme Heat in the Northern Hemisphere; All reactors shut down at besieged Ukrainian nuclear plant; Will climate champion Charles muzzle his advocacy as King?; PLUS: Looming showdown over energy permitting reform in Congress... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Four major climate tipping points close to triggering (study); Summer is ending, but climate disasters keep coming; New study more than triples estimated costs of climate change damages; Air conditioning has a climate problem. New technology could help; Video games get a new boss monster: Climate change; Energy crisis pushes Europe toward pricing experiments;
On Facebook, misleading coverage of California's energy woes overshadowed extreme climate-driven heat... PLUS: The biggest permitting reform would be more money.... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Simultaneous record deadly heat waves strike across the globe; Last month tied for the hottest June ever recorded globally; PLUS: Senator Joe Manchin again tanks Biden and the Democrats' climate and clean energy agenda... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): What Joe Manchin cost us; Humanity faces 'collective suicide' over climate crisis, warns UN chief; The cold crunch: How to cool people without overheating the planet; German solar sets new record, while France's nuclear gasps in the heat; Texas power plants running nonstop risk breakdown; Dems cite 'disturbing' data on crypto, demand new rules; Scientists rush to save 1,000-year-old Bristlecone Pine trees on the brink of death; Some EVs now pay for themselves within a year... PLUS: Shocking report shows how Australian land and wildlife are being destroyed at rapid pace... and much, MUCH more! ...

It was a very hot BradCast today --- in most every way you might imagine. [Audio link to full show follows this summary.]

This week, a billion or so in China are suffering under record extreme heat and humidity. The death toll from relentless record heat, drought and wildfires in Portugal and Spain has now topped 1,000, as the heat spreads to France and the rest of Europe where Ireland and the U.K. are likely to see triple digit temperatures and a red flag extreme heat advisory for the first time.

Here in the states, as AccuWeather reports, sweltering highs approaching 110 degrees Fahrenheit will continue as temperatures "reach their highest levels of the year so far from Rapid City, South Dakota, to Wichita, Kansas, as well as Oklahoma City and Dallas" and everywhere in between. Electric grids, particular in Texas, are under extraordinary stress (the power went out during a Houston TV station's live weather forecast, as they warned of possible power outages) with little immediate relief in sight.

Apocalyptic conditions are now being experienced across the globe thanks to a climate crisis caused by the burning of fossil fuels. That, even as the corrupt, U.S. Supreme Court at the end of last month made up a pretend "doctrine" (the "major questions doctrine", found nowhere in the Constitution or American case law) to bar the EPA from regulating carbon emissions, as mandated by federal statute in the Clean Air Act.

At the same time, corrupt, fossil fuel industry-funded "Democratic" Senator Joe Manchin continues to undermine any and all environmental initiatives agreed to by every Democrat in the U.S. House and all but him (and, to a slightly lesser extent, corrupt AZ Democratic Sen. Kirsten Sinema) in the Senate, designed to curb deadly greenhouse gas emissions.

In short, as Sen. Bernie Sanders made clear over the weekend, Manchin --- whose family literally makes millions from the coal industry, and whose campaign takes in millions from the fossil fuel industry --- "has sabotaged the President's agenda" as our existential climate crisis quickly worsens.

Manchin and all 50 Republican Senators in the upper chamber and every single Republican in the U.S. House continue to prevent Democrats from all efforts designed to save humanity. But, somehow, to some on the Left, it is the fault of Democrats?! And it is Democrats who may be voted out of their majorities in both chambers this November? Really?! What gives?

We open the phones today to some of those very questions, as there are a whole bunch of folks calling themselves progressives out there who are, somehow, blaming Democrats for this mess and many others. We try to have a conversation with a few listeners about that. Tune in to today's lively BradCast to see how it goes!...

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Today on The BradCast: Sure, the supply chain was, and occasionally still is, a problem. So is Russia's war on Ukraine, obviously. But it's the greed of billionaires and the cowardice (or corruption) of public officials to do anything about that greed in this country that must be turned around in order to save the U.S. [Audio link to full show is posted below this summary.]

But, first, speaking of corruption...New numbers out today from the Labor Department suggest that inflation may have peaked before April. As the Times alerted today, "Inflation moderated slightly in April, though the 8.3% annual gain in U.S. consumer prices remained uncomfortably high." As AP trumpeted in its breaking news iPhone alert: "U.S. inflation slowed slightly last month, a tentative sign that prices may be peaking while still imposing a financial strain on American households." Reuters: "U.S. consumer price growth slowed sharply to 0.3% in April, suggesting that inflation may have peaked." They were all similar....Well, except for Fox "News": "Inflation higher than expected in April, holding near 40-year high."

And you wonder why Rightwingers are so angry? It's still the Fox "News", stupid.

And speaking of stupid...Midterm primaries were held in Nebraska and West Virginia on Tuesday. (Happily, unlike in Ohio last week, we saw no reports of voting problems or voting system breakdowns, so far.) As you may have noticed, pretty much every news report about Tuesday's results focused on what they mean for Donald Trump and his party and the candidates he endorsed. The incumbent U.S. House member that Trump endorsed in WV who ran for the GOP nomination against another incumbent U.S. House member who voted for Joe Biden's bipartisan infrastructure bill won on Tuesday. Kingmaker Trump's power over the party is still strong! But the 8-time accused sexual harasser that Trump endorsed and stumped for in NE's GOP Gubernatorial primary lost. Trump's influence may be faltering!

As we discuss today, that framing by the corporate media --- reporting on these critical elections through the lens of Trump --- is wildly unhelpful and ill-serves the public at a time when democracy itself is on the line this November (and in 2024). It's not about Trump. He's already captured and broken the party. And that is true if he drops dead tomorrow and Ron DeSantis --- or anyone else --- takes his place. The damage is done. So, how can we fix it? Much more on that on today's show.

And speaking of failures all around... as the nation's death toll from COVID hits a staggering 1 million... The nation's corporations and rich people are doing just fine, thanks.

Big Oil continues to raise prices at the pump for consumers by pretending that its caused by post-pandemic supply chain issues and the war in Ukraine, even as they continue to rake in record profits (not revenue, but profits) in recent months. The profiteering --- under the guise of supply chain-induced "inflation" --- is also seen in other industries, of course, including the food industry, as well as the apparel business. In their latest reports on the industry profiteering, Accountable.us President Kyle Herrig appropriately derides "the industries most unapologetic about charging their customers more during a fragile economic recovery, apparently just because they can." And they can, because we let them develop monopolies and near-monopolies so there is little or no price competition left in the "free market".

And then there are the the nation's 727 billionaires whose growth in net worth over the two-plus years of the pandemic --- while you were struggling to stay employed, housed and fed --- is up $1.71 trillion from March 2020 to May 2022. That's a gain of more than the entire annual GDP of Canada for just those 727 U.S. billionaires. The biggest winner seems to have been Elon Musk, whose personal wealth was valued at just under $25 billion in March of 2020. Now, after two years of a pandemic economy, his wealth is said to be $255 billion as of the beginning of this month.

How did that happen? Why did that happen? What can and should be done about it? And does anyone in D.C. --- any one, from any party --- have the courage and ability to lead the nation to do anything about it?

All of those questions and more are answered today by our guest, OMAR OCAMPO of the Institute for Policy Studies' Program on Inequality and the Common Good, who asks today, "What about the rest of us? The median income, comparing 2020 to 2021, for your average U.S. worker has actually decreased by $2,000. And our median household wealth, comparing 2019 to 2001, has actually decreased. So yes, when you look at it by income or wealth percentile, it has been the top 10%, but especially the top 1%, that have seen impressive gains."

Ocampo helps explain how it happened, and what steps can and must be made to reverse this obscene continuing trend. Among the policy ideas discussed --- several of which have long been pushed by members of the progressive caucus in Congress --- a wealth tax on the assets of the richest Americans; partial student loan forgiveness; establishing a federal Commission on Profiteering, empowered with the ability to claw back some of what has been robbed from American consumers; strengthening organized labor and democracy itself.

And, yes, he explains, that will mean voting for more Democrats in Congress and at all levels of government. Hopefully good ones. Or this is going to continue to get much, much worse.

"The Republicans, from an ideological perspective, they are not interested in having some type of government intervention in order to solve societal problems," Ocampo charges. "They normally pivot towards philanthropy. But now is not the time to pivot to philanthropy, mainly because philanthropy does not scale, and it also denies public accountability for social problems or things that have to deal with the public good. So issues that affect the public should involve public input, and it should be carried out by democratic institutions."

"Economic inequality translates into political inequality. And the greater your material resources, the greater your access to participate in the state," he tells me. "This is very detrimental to democracy, because it makes the democratic institutions unresponsive to what the majority wants. The majority wants increased taxes on the wealthy, but it never seems to happen. That's probably because of their influence they have on both political parties."

"Elections matter, and to alleviate, especially in the short term, it would be best to elect Democrats. Because there is a section of the Democratic Party, specifically those that self-identify as progressives, who care about wealth inequality and know that it has distorting effects across our whole society."

Finally today, speaking of things getting much worse... Democrats held a show vote in the U.S. Senate to codify abortion rights (the Constitutional freedoms about to be taken away by the stolen and packed U.S. Supreme Court) after the Women's Health Protect Act was already passed by Democrats in the House. As expected, all Republicans and Joe Manchin voted against it, so the measure failed to reach the 60 votes necessary to do almost anything in the undemocratic Senate.

And, also breaking during today's program, an insane, corrupted federal appeals court in California decided that the state's law restricting the purchase of semi-automatic firearms to those 21 or older is a violation of the Constitution's 2nd Amendment. So, yup, apparently 12-year olds in CA can now buy semi-automatic weapons! Have fun, kids!

Did I mention we need more democracy and fewer corrupted federal judges? Yeah, that also comes with voting. Please get busy. Thanks...

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Yes, inflation is real. But the panic around it is, if you will, wildly inflated and horribly misreported by the American corporate media. As Paul Waldman notes at WaPo this afternoon, "Inflation is a genuine problem, but it's hardly spinning out of control. Inflation PANIC, on the other hand, is getting ridiculous." Our guest on today's BradCast made the same argument last week as the media touched off the panic. He joins us to explain and go even further than Waldman. [Audio link to full show is posted below this summary.]

But, first up, the so-called 'QAnon Shaman' Jacob Chansley, the guy with face paint and a horned hat who took control of the dais in the U.S. Senate during the Trump-incited attack on the U.S. Capitol on January 6, was sentenced to 41 months in prison on Wednesday. That's more than three and a half years, for a man with mental issues who was not particularly violent while serving as a henchman for Trump's attempt to steal the 2020 Presidential election that day. Meanwhile, the organizers and planners of the assault --- namely Donald Trump himself and a whole bunch of others --- have faced zero accountability, much less jail time for their crimes lighting the fire in the first place.

In more accountability news, Arizona's far-right Republican Rep. Paul Gosar was censured by the U.S. House in response to an animated video he posted to Twitter, appearing to show him murdering Rep. Alexandria Ocasio-Cortez (D-NY) and threatening the same for President Biden. House Republicans refused to reprimand him, so a rare censure vote was held today and Gosar was removed from his House committee assignments in the bargain. He's the second Republican to be removed from committee seats this year, after Rep. Marjorie Taylor Greene (R-GA) faced a similar punishment for support of violent threats against Democrats prior to being elected and a similar failure by her own caucus to take action in any way. Accountability is always good, but, as with Chansley's punishment, there are some nuances and concerns worth discussing on this point as well today.

And, before we get to our guest, President Biden on Wednesday asked the Federal Trade Commission to investigate potentially "illegal conduct" by Big Oil companies such as ExxonMobil and Chevron who may be inflating gas prices, even as their profits have risen and the cost of refined fuel has fallen. But the recent spike in prices at the pump has helped fuel economy-wide inflation. That, in turn --- thanks, at least in part, to some really bad reporting by the American corporate media --- has also undercut Biden's approval ratings, and is being used (disingenuously) to try and jeopardize passage of Biden's Build Back Better (BBB) social spending and climate change reconciliation bill.

Unlike the recently signed $1.2 trillion bipartisan infrastructure bill, the $1.75 trillion BBB is fully paid for with increases on taxes to corporations and the wealthy. And, unlike stimulus bills passed recently under both this President and the previous one, the BBB's spending is spread over the next decade, instead of as a quick jolt to the economic system. Thus, the consensus of economic experts is that it will not cause inflation and its expansion of the economy may, in fact, help ease inflation in several ways, particularly for the working class.

Still, West Virginia's obstructionist Democratic Senator Joe Manchin is using inflation fears again to try and put the brakes on the BBB package, and the corporate media are certainly helping him. For example, while largely ignoring undeniably positive news about the economy in recent months --- on everything from record job growth to very low unemployment to three months of rising retail sales --- last week, the media offered breathless reports on new inflation numbers from the U.S. Bureau of Labor and Statistics.

You may recall some of the panic when the media informed us that inflation had risen to a record 6.2% in October! If true, a one month 6.2% increase in prices would be a panic. But, in truth, inflation was just 0.9 percent last month. As our guest today points out, "products that cost $10.00 in September now cost a terrifying $10.09." But lost in the panicked coverage was that the 6.2% rise in retail prices was in comparison to what they were a full year ago, in the middle of the worst of the pandemic. They didn't rise "6.2% in October" as many have misleadingly reported.

But all of that also ignores something else that most Americans do not understand about inflation, according to our guest today: It can actually be good for the working class and very very bad for corporations, in particular, for big banks. That may be just one of the reasons why media are so quick to report on inflation numbers as terrible, terrible news for the country.

We're joined today by JON SCHWARZ of The Intercept to explain all of this, as he detailed recently in an article with what he admits is "a little bit of a troll-y headline", "Inflation is Good for You". In fact, as we discuss, he's not entirely "troll-y" on that point. For one, the booming economy has resulted in rising wages (for the first time in years) at almost the same rate as inflation over the past year. He notes at The Intercept: "As prices increased 6.2 percent over the past year, wages for regular people went up 5.8 percent. In other words, inflation barely touched their purchasing power."

The larger point, however, that he explains today is why inflation can be actually be good for workers but not for big corporations like banks: "Household debt in the United States is a gigantic number, difficult to comprehend. It's like $14.5 trillion --- that is mortgages, credit card debt, student debt, it's a whole bunch of things... And when there's inflation of this kind, 6.2%, that is around $850 billion-worth of that debt falling in value. That is a transfer of wealth from creditors, the people who loaned out the money, to borrowers."

Those creditors/lenders "are the richest people in America, and they are losing a lot of money. And they don't like that! People with tons of money do not like losing enormous amounts of it," Schwarz notes. "Inflation is the absolute worst for people who have loaned out a lot of money. It is something that is never discussed, because it is a sort of clear class issue. It makes you realize that, just as a great economy for regular people is not so great for people at the top, it makes you think about what inflation actually does, and who it affects the most."

While he recognizes that "inflation can be real trouble for some people," (and there is some nuance here) the overall effects are often more positive for the working class and not even particularly harmful to those on a fixed income, such as the elderly living on Social Security, which increases each year as its tied to inflation.

There is a lot to discuss on this matter that the corporate media fail to adequately cover (for reasons which we also discuss) while misleading the nation and delighting Republicans and, yes, Joe Manchin, who has fresh (if false) evidence to use in further cutting back on Biden's Build Back Better agenda or even stopping it dead in its tracks.

Finally, as long as we're myth busting today, Congress is preparing to approve the annual National Defense Authorization Act, with nearly as much spending --- for one single year --- as BBB would cost over ten years. Yet, you'll hear almost nothing about how the U.S. can't afford to spend so much money, or that it might lead to inflation, etc. Sen. Bernie Sanders (I-VT) has a thought or two on all of that, with which we close today's program...

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As usual, we're looking both forward and back on today's BradCast...and not a whole lot of it looks fantastic in either direction. But their could be some accountability on the horizon, which always looks good to us. [Audio link to full show is below this summary.]

First up, some climate and "sausage making" news. New polling finds that a majority of Americans --- in both major parties --- now finally see our quickly worsening climate crisis as being of "high importance" to them. We break down the new survey and what it does and doesn't mean.

In related matters, as discussed on yesterday's program, there is still a chance that the U.S. could meet President Biden's pledge to cut greenhouse gas emissions that cause global warming in half by 2030 and reach net zero emissions by 2050, even after corrupt, coal-state Democratic Sen. Joe Manchin insisted on removing the key program for clean electricity from Biden's Build Back Better reconciliation bill. That program would have paid utility companies to move quickly to clean energy sources and penalized those that stuck with dirty, dangerous fossil fuels like coal and natural gas. But those already long odds may be getting much longer if Manchin is successful in removing yet another key climate provision from the bill, fees that are to be levied against the release of methane from oil and gas wells. Desi Doyen explains why that program is so important and how killing or weakening it, as Manchin reportedly wants, could be a fatal blow to our chances of surviving our ongoing climate emergency.

Next, the Biden Administration this week has, for a second time, rejected our disgraced, twice-impeached former President's attempt to invoke Executive Privilege to prevent the release of more Trump-era White House documents regarding the attack on the U.S. Capitol on January 6th. The documents are the second tranche requested of the National Archives by the U.S. House Select Committee investigating the Trump-incited attack.

That bad news for the former President (but good news for all democracy-loving Americans) comes on the heels of a series of reporting shedding additional light on Trump's attempt to steal the 2020 election, including by insurrection at the Capitol. Over the weekend, Washington Post detailed the "war room" effort carried out at the historic Willard Hotel near the White House from December through January, as Trump's activist lawyers, goons and other operatives, such as Rudy Giuliani and Steve Bannon, plotted various ways to overturn Joe Biden's victory.

Another report over the weekend from Rolling Stone documents the ways in which at least seven GOP U.S. House Reps participating in the planning of the rallies that led to the assault on the Capitol. Those members of Congress, according to two of the organizers who served as sources for the magazine (who are also said to be cooperating with the Jan. 6 Committee) are Marjorie Taylor Greene (R-GA), Paul Gosar (R-AZ), Lauren Boebert (R-CO), Mo Brooks (R-AL), Madison Cawthorn (R-NC), Andy Biggs (R-AZ) and Louie Gohmert (R-TX). In the wake of the reporting, a number of Democrats in the House are now calling for the expulsion of those Republican members.

The Rolling Stone report also cites Gosar as encouraging the two unnamed organizers by telling them they could expect a "blanket pardon" from the President for a separate, unidentified matter in which they are said to have been involved. If true, Gosar's (apparently false) promise, if it was actually made, also seems to place Trump himself squarely at the center of organizing the conspiracy that eventually became a deadly attack on the U.S. Capitol.

Monday, on MSNBC, Bob Woodward and Robert Costa, who detailed the Willard Hotel war room in their new book PERIL, offered more details, with Woodward reporting that the pair had "talked recently with a former Republican head of the Criminal Division in the Justice Department who said there is a 'lay down case,' just in what we know --- 18 U.S. Code, Section 371 --- a law that says it is a crime to defraud the government in any deceptive way, and that's exactly what they did here."

Last night, citing Woodward's comment, our guest today, KEITH BARBER, who blogs at Daily Kos under the name "KeithDB", broke down exactly what 18 U.S.C. § 371 actually is and how it could or should be applied here. In addition to being a regular dKos contributor on legal and constitutional matters, Barber is a former U.S. Army Captain, a longtime (now retired) attorney, and a lifelong Republican, at least "pre- Trump", according to his profile at the website.

Today, he walks us through the statute in question today, explaining how it is interpreted by the DoJ and how it appears to apply quite perfectly to both Trump and his cronies in their efforts to steal last year's Presidential election through deception and fraud.

Citing the DoJ's own explanation for its attorneys, Barber notes that he "was really surprised how stunningly broad" the statute is. "It basically can refer to impairing, obstructing or defeating the lawful function of any department of government, or depriving any department of government of its lawful right and duty required by law."

"Here," he continues, "we have counting of the Electoral College votes, very much required by law. That has to be done. A duty of Congress by law. And, arguably, the efforts going on in that 'war room', even setting aside the violence question --- the efforts to, through legalese and bogus Constitutional means, overturn the election --- constituted an effort, through deception and dishonesty, to overturn the election." Barber argues that Trump's criminal conspiracy seems to perfectly meets the DoJ's definition of the law, exactly as Woodward and Costa's former DoJ source posited.

Then, of course, the question is: Will the House Select Committee on January 6 cite that section of federal law and, more importantly, will the DoJ take action to enforce it against Trump and/or his cronies? As we also discuss, the DoJ has been less than aggressive in upholding the conspiracy law against Trump in other matters, such as the criminal conspiracy that both federal prosecutors and his former lawyer, Michael Cohen, allege that Trump "directed" in the hush-money payoffs to adult film actress Stormy Daniels --- for which his co-conspirator Cohen served time in prison.

There's much more in our conversation, including what to make of Gosar's alleged promise of "blanket pardons" and whether the attempts by Trump attorneys, such as John Eastman and Rudy Giuliani, to avoid testimony to the January 6 Committee by claiming attorney/client privilege, will legally hold up. (Spoiler: It won't, explains Barber.)

Finally, we're joined again by Desi Doyen with our latest Green News Report on one of the busiest weeks in climate news in our 12 years of producing the GNR. So, I won't even try to summarize it here. But, please do tune in for that and much more on today's BradCast!...

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On today's BradCast: President Biden has, thankfully, edged toward the left on a number of things during his candidacy and Presidency to date. Reforming the GOP's stolen and packed U.S. Supreme Court, however, at least for now, does not appear to be one of those things. At least if the findings of his blue ribbon Commission of academics studying potential reforms is any indication.

But first up today, several quick updates on a number of stories we've been covering of late...

• On Tuesday night, shortly after we got off air, the U.S. House Select Committee investigating the Trump-incited January 6th attack on the U.S. Capitol voted unanimously to hold Steve Bannon in criminal contempt of Congress for refusing to answer their subpoena for documents and testimony. A vote on the resolution by the full House is scheduled for Thursday and, if adopted (as expected), a referral for criminal prosecution will be sent to the DoJ. Bannon could face as much as a year in prison. But it was remarks by Committee member Rep. Liz Cheney (R-WY) before Tuesday's vote that jumped out: "Mr. Bannon's and Mr. Trump's privilege arguments do appear to reveal one thing. They suggest that President Trump was personally involved in the planning and execution of January 6, and this Committee will get to the bottom of that." If I was Trump, I'd take Cheney at her word. Bannon's future could also be Trump's.

• There was additional encouraging news from Congress on Tuesday night, as outlets are reporting that obstructionist Sen. Joe Manchin (D-WV) and progressive Sen. Bernie Sanders (I-VT) are now in direct talks on Biden's Build Back Better Act and that they hope to reach a deal on a path forward for the once-and-hopefully-still transformative social safety net and climate change bill by week's end. Manchin, as we discussed on yesterday's show, has apparently already gutted the legislation's central climate change provision, and is sure to force the removal of many other wildly popular provisions before all is said and done. But negotiation, in theory, means progress. And progress moving toward passage of the Biden agenda is better than the stalemate of recent weeks. One Senator quoted by The Hill describes the news as a "breakthrough". We'll see.

• And, in one other Congressional story today with the tiniest ray of sunshine attached to it, Republican Senators on Wednesday once again filibustered to prevent passage of the Manchin-approved Freedom to Vote Act, a transformative elections and voting rights bill that is desperately needed to counteract the anti-democracy and voter suppression laws being adopted by state Republicans around the nation in advance of 2022 and 2024. It's the third time Republicans have blocked Democrats' attempt to move to debate on their voting rights bill. The ray of sunshine here is that Sen. Angus King (I-ME), one of the other holdouts against the filibuster reform that is needed to pass the Act with a simple majority, now says he has "concluded that democracy itself is more important than any Senate rule." Let's see if Manchin and Kyrsten Sinema (D-AZ) get the message any time soon enough to reform the filibuster to pass legislation in hopes of actually saving democracy from the rising Authoritarian Front (GOP).

Then, we're joined by the great MARK JOSEPH STERN, Slate's ace legal reporter and U.S. Supreme Court expert, to discuss the draft report issued late last week by President Biden's blue ribbon panel of academics --- with remarkably little coverage by the corporate media --- on potential reforms for SCOTUS following its years-long bastardization and theft by the Republican Party.

The bipartisan Commission, created by the President in April with a mandate to study potential reforms for six months before issuing a report but not to offer formal recommendations, for some reason). They were tasked with studying the pros and cons of possible changes such as expanding the number of seats on the high court and/or the creation of term limits for Justices. The panel was comprised of 36 academics and Courts experts who, according to Stern, included "a lot of conservatives" with a number of "so-called liberals" who were "mostly moderates and institutional liberals who have a vested interest in a Supreme Court that looks favorably upon them. If you survey it all together, you see what is basically a faculty meeting of moderates and conservatives, with a few token liberals, none of whom were happy with this draft report. None of which is a recipe for any kind of real, meaningful reform."

"Notably," Stern observes, "not a single person added to the Commission had ever endorsed serious Court reform in the past, [while] there were many people who had said that they opposed Court expansion. So in some ways, this Commission was maybe rigged from the start."

While the deck was stacked against Court expansion, the idea of term limits didn't fair all that much better, according to Stern, who cites an obsession by the panel's members with what other nations might learn from a partisan restructuring of the U.S. Supreme Court. That said, as Stern notes, "we are the only country in the world that gives lifetime tenure to our judges and justices. It is obviously a huge mistake. But the committee comes from the perspective that it is basically a great idea and anyone who criticizes it bears a heavy, heavy burden of proving that it would make things better."

He charges that the panel appeared to be essentially "governing out of fear" and that its draft report "projects the worst possible outcome and says, 'We think this is what's going to happen so we shouldn't even risk it.'"

While the Commission's draft argues that America must be mindful that we are "a leader to the rest of the world," Stern notes, "this report does not even begin to grapple with the fact that no other country, except arguably India, gives its high court nearly as much power as we do. No European nation gives its high court the unfettered ability to veto all legislation. No other nation - not Israel, not Chile or Argentina, not Mexico, not Canada --- none of them allow the court to simply smack down any kind of legislative action that it deems to be violative of the Constitution. That's not how judicial review works anywhere else."

"If these scholars took a look around," he argues, "they would realize that other countries have decided our system doesn't work too well, that they want to do something different. I think there's a lot of merit to that, and I find it very disappointing that they don't even grapple with that."

Of course, he has many more observations, including on what appears to be a "one-way ratchet" where the panel cites public opinion polls as a reason to oppose Court expansion, while ignoring the "overwhelming" public polling from across the entire political spectrum favoring term limits and opposing lifetime appointments for U.S. judges and justices. "Giving anyone that much power for so long is just objectively crazy." The draft report also includes a number of flat-out lies and tries to "lay equal blame at the feet of both parties" for the crisis of public confidence, unprecedented in modern times, now befalling SCOTUS. Stern hopes that some of the Commission's liberals, such as the NAACP's Sherilyn Ifill, may correct the record before their final report is issued and used by Republicans for eternity to claim that "Even Joe Biden's court commission opposes term limits!"

Finally, in our closing few minutes, Stern explains the pathetic roller coaster legal rulings that have allowed Texas' new anti-abortion law, S.B.8, to stay in place for now, despite its clear violation of decades of 'Roe v. Wade's legal precedent, and the terrifying ease with which the GOP's stolen and packed Supreme Court is preparing to overturn that and other long-settled precedents.

"You should be terrified," he warns. "We should all be terrified. And we should all be aware that if we choose not to expand the Court, that we are going to have to live with this current conservative super-majority for years, if not decades."

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