In a recent article, we described the GOP's legal challenge to the Executive Order issued by California's Democratic Governor Gavin Newsom --- directing CA election officials to timely submit vote-by-mail (VBM) ballots to every active registered CA voter for the November general election --- as "dubious", at best.

We noted that the GOP plaintiffs lacked standing to sue in federal court because Republicans cannot show they suffered a legally cognizable injury. We also noted that the GOP's core legal challenge --- that the Elections Clause to the U.S. Constitution only permits state legislatures, not Governors, to set the time and manner of conducting federal elections --- was at odds with settled Supreme Court case law and that legislative approval for the Governor's pandemic-related emergency Executive Order can be found within the provisions of the CA Emergency Services Act.

Last week AB-860 was passed by the state legislature (even with support from Republicans) to codify Newsom's Executive Order by specifically providing that VBM ballots be timely sent to every active registered voter in the state, even if the voter did not request one. It was signed into law this week by the Governor, rendering the GOP's core legal argument moot.

The new law will not only mandate a dismissal of the GOP legal filing but also eliminate the need for the court to grant the Motion to Intervene [PDF] that was recently filed by several voting rights organizations opposing the challenge by a number of Republican groups, including the California Republican Party.

CA Common Cause, League of Women Voters of CA and the Community Coalition seek to be added as Party Defendants in order to counter the GOP's effort to compel in-person voting --- a GOP effort that, if successful, would dangerously and unnecessarily expose the state's electorate to the risk of contracting a deadly virus, COVID-19. The portion of those organizations' motion, which demolishes the GOP's VBM "voter fraud" lies, however, warrants verbatim coverage...

UPDATE 7/10/20: After U.S. District Court Judge Morrison England, Jr. dismissed the GOP's frivolous legal challenge following a Republican filing of a voluntary Notice of Dismissal, GOP Chairwoman Rona McDaniel falsely proclaimed that the Republican Party "scored a major victory against Gov. Gavin Newsom's illegal executive order." She attempted to bolster this falsehood with another lie --- that, before the GOP filed its legal challenge to VBM in CA, "Democrats planned to automatically send ballots to inactive voters, including people who have moved or died."

As we observed in a 6/5/20 update to an article that had covered the "dubious" GOP legal challenge, the Office of CA Secretary of State Alex Padilla stated that, pursuant to the Executive Order which Padilla and Gov. Newsom issued, VBM ballots would only be mailed to "active" registered voters.

"Only active registered voters will be mailed a vote-by-mail ballot. That is and has been the practice in California," Padilla's spokesman Sam Mahood said. Under California's Elections Code, Mahood added, "'voters with an inactive voter registration status do not receive elections materials.' That includes vote-by-mail ballots."

The only change to CA Election Law as it existed at the time the Executive Order was issued was the elimination of the requirement that voters first request a VBM ballot before one would be mailed to an
active" registered voter. Thus, at best Rona and the GOP had erected a straw man; erroneously claiming that the Executive Order required submission of VBM ballots to "inactive" voters.

On today's BradCast: As the U.S. crossed the 100,000 coronavirus death Rubicon over Memorial Day weekend, the President of the United States played golf. Twice. And called a potential Democratic Vice Presidential nominee fat. And a former Secretary of State and Democratic Presidential nominee a "skank". He also suggested a popular TV host murdered someone. And he lied again (and again) about absentee voting fraud (even though he committed it himself.) The Presidential election is 161 days away. [Audio link to full show is posted below.]

Before we get there, however, former CDC Director Tom Frieden said this weekend, "It's 100,000, but it looks like we're still at the beginning of this pandemic." He is not alone. According to the Imperial College London, the U.S. could see another 200,000 dead on top of those who have died already from COVID-19, thanks to the President's desperately premature push to reopen the nation's economy. That, while Trump is ignoring the first 100,000 dead, even though, as the New York Times observes:

At the same time, despite the Republicans' attempt to pretend the viral pandemic away, without very quick action by the Republicans who control the U.S. Senate to prevent massive layoffs at the state and local level, we could be looking squarely at a second Great Depression before year's end, The American Prospect's David Dayen reports today with very good evidence in support.

Other than all of that, we hope you had a delightful holiday weekend!

Speaking of that Presidential election (did we mention it's just 161 days away? --- but who's counting?), we have some very good news from Florida today to counter the grim news with which we felt it necessary to open today's program. A federal judge has nixed the voter suppression law enacted by Republican Gov. Ron DeSantis and the state's GOP-controlled legislature. The law was adopted to gut the state Constitutional Amendment passed by 65% of FL voters in 2018 to allow most former felons to register to vote after having completed "all terms of their sentence including probation and parole."

Amendment 4 ended the state's shameful lifetime ban on voting rights for former felons. U.S. District Judge Robert Hinkle, following an eight-day trial earlier in Spring, declared the GOP's new Jim Crow law --- enacted to upend Amendment 4 --- to be an unconstitutional poll tax, as the law mandated the payment of all fines and fees before former felons would be allowed to register to vote, whether they could afford the payments or not. Moreover, the state keeps no database of such fines and fees, so many former felons had no idea if they owed money or not. Because of that, many declined to register to vote for fear of being charged with perjury when attesting that they had they had "completed all terms" of their sentence on the voter registration application.

Despite that very good news, we suspect the roller coaster battle by the Florida GOP to prevent as many as 1.5 million new voters in the crucial battleground state --- including about a quarter of the its African-American male voting age population --- from getting their voting rights back will continue.

Of course, the GOP War on Democracy is happening all over the country right now. We close today's show with a new front opened in that war over the weekend by the Republican National Committee and former GOP Congressman-turned-candidate-again Darrell Issa. They filed a federal lawsuit alleging that California Gov. Gavin Newsom's May 8 order to send absentee ballots to all registered voters in the state for the November election is in violation of the U.S. Constitution.

Yes, it even sounds absurd on its face, but longtime BRAD BLOG legal analyst ERNEST A. CANNING joins us today to explain exactly why the complaint is even more ridiculous than it sounds and the two big reasons why he believes it is likely to be "dismissed at the district court level". Whether that dismissal will be upheld by the GOP's stolen majority on the U.S. Supreme Court, should Republicans push it that far (and why wouldn't they?), is a separate question. Tune in for Canning's thoughts on that and much more...

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In a desperate attempt to prevent a high turnout of California voters for the critical 2020 General Election, attorneys from the extreme right-wing organization, Judicial Watch, filed a federal complaint [PDF] late last week on behalf of former Republican Congressman turned candidate again Darrell Issa with several named Republican voters in the U.S. District Court (Eastern District CA)

The complaint alleges that CA Governor Gavin Newsom and Secretary of State Alex Padilla, both Democrats, unlawfully usurped the power of the CA state legislature when, on May 8, they issued an emergency Executive Order in response to the COVID-19 crisis. The order directed the election officials of every CA county to "transmit Vote-by-Mail [VBM] ballots for the November 3, 2020 General Election to all [registered] voters" no later than "the last day on which [VBM] ballots may be transmitted."

The complaint alleges that the Executive Order violates the Elections Clause of the U.S. Constitution, Art. I, §4. That clause provides, in pertinent part: "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof."

The CA legislature, via the state's Voter's Choice Act, set forth explicit criteria that each county must meet in order to become an all VBM county. The Republican plaintiffs argue the Executive Order permits counties that have not met that criteria to act as VBM counties; that permitting all voters to cast VBM ballots "dilutes" the votes of the Republican voter plaintiffs who live in counties which have not met the statutory criteria. They seek to invalidate the Executive Order and compel those CA voters who have not timely requested absentee ballots under CA law, as it existed prior to May 8, to either vote in-person or not at all.

The Republicans' legal filing drew a sharp retort from Padilla: "Exploiting the COVID-19 pandemic to justify voter suppression is despicable, even for Judicial Watch's pathetically low standards."

From a legal standpoint, the Republicans' legal arguments are frivolous...

A month ago, the notion that every one of California's fourteen (14) Congressional Republicans could be voted out of office in 2018 would have been dismissed as little more than a utopian dream for the Democratic Party.

If we've learned anything, however, from November's "Tidal Wave" off-year elections, which saw a diverse group of Democrats defeating Republicans in deep red districts in Virginia and elsewhere, it's that no Republican seat should be considered an absolute lock in 2018.

That proved to be the case in another special election, a week or so later, when a 26-year-old lesbian, Democrat Allison Ikley-Freeman narrowly defeated an incumbent Republican state senator in a "deep red" Oklahoma district that Trump carried in 2016 by nearly 40%.

There are a multitude of factors, some unique to California, that suggest that no Golden State Republican --- not even House Majority Leader, Kevin McCarthy (R-Bakersfield) who trounced his 2016 Democratic opponent by nearly 39 percentage points --- should take their seat in the state's 53-member U.S. House delegation for granted...

On today's BradCast, I'll be your guest host, Angie Coiro. Would you like to sit at the bar? Maybe not a bad idea.

Have you had the Trump/Russia links up to here? You have a friend in RJ Eskow, host of The Zero Hour. He's not convinced; he advises skepticism and clear thinking when it comes to sorting the proven from the unproven.

With people fleeing America over the northern border in fear, with at least one report of a man who killed himself rather than be forced back into Mexico, with an Oscar-nominated cinematographer kept out of the US, and a Holocaust scholar from France almost deported --- it's time to take a long look at sanctuary cities, emboldened local police forces, and how to stay focused on resistance. Heralded civil rights attorney/activist Jim Brosnahan of Morrison & Forster in San Francisco, and Heather "Digby" Parton of Hullabaloo take on the many facets of that disaster.

Finally, Dave Johnson of Seeing the Forest and The Campaign for America's Future deconstructs Trump's promised tax cuts, and their connection to failing infrastructure.

Download MP3 or listen online below...

On today's BradCast: The full letter and the full story behind the letter from Martin Luther King's widow, Coretta Scott King, that resulted in Senate Republicans voting to force Sen. Elizabeth Warren (D-MA) to sit down and shut up for the duration of debate over Donald Trump's objectionable nominee for Attorney General, Sen. Jefferson Beauregard Sessions III (R-AL). [Audio link to show follows below.]

We detail Sessions' failed 1985 "voter fraud" prosecution/harassment of black civil rights workers in Monroe, Alabama which resulted in the Senate's rare, bi-partisan 1986 rejection of Sessions for a federal judgeship under Ronald Reagan and why the fight for the right to vote matters as much now as it did back then...

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The least surprising news of the week, except to those in the media who bought in to the months of Rightwing/Republican/Darrell Issa/GOP Victimization propaganda...

Those numbers, showing that progressive groups as well as "conservative" ones seeking tax-exempt status were given additional scrutiny by the IRS, are based on docs received via Freedom of Information Act (FOIA) requests made by Think Progress.

We noted this very point in our initial coverage of the phony "IRS is targeting conservatives!!!" scam last year, just after the White House had (pathetically) fallen for it as well. (See here, then here, then here.)

While one might be excused for buying in to the scam in the first five minutes, 24 hours after it broke everyone should have known it was a scam. Nonetheless, the GOP, without having any legitimate basis for still being in business, has been making a career out of pretend scandals, including the one that "Obama is using the IRS to destroy Tea Party conservatives!!!" Their stupid base is dumb enough to believe them.

At this point, the Republican Party is no longer a political party. It's a permanent campaign organization with little more than self-victimization as their central platform.

For the record, as we've discussed many times, the problem is not the IRS giving too much scrutiny to political groups (aligned with either party) masquerading as "social welfare organizations", it's the fact that they are allowing such groups to continue the masquerade, despite the very clear statutory prohibition on any political activity by such groups.

Jon Stewart and The Daily Show's fantastic --- MUST-WATCH (just for the crying clips!) --- take on the outrageously absurd and demeaning media-enforced double-standard faced by female politicians over their male counterparts...

Seriously. Must-watch.

It was another news week from hell on today's KFPK/Pacifica Radio BradCast.

We covered today's Supreme Court rulings on Prop 8 and DOMA with Evan Wolfson, one of the architects of the national marriage equality strategy, from FreedomtoMarry.org.

I had a word or three to say about the Court gutting the Voting Rights Act this week.

I also offered a thought or two on NBC's David Gregory suggesting that journalist Glenn Greenwald "aided and abetted" NSA whistleblower Edward Snowden, and on the jackassery of national embarrassment Rep. Darrell Issa (R-CA) and the collapse of his pretend IRS "scandal". Desi Doyen joined me for the latest Green News Report update on President Obama's landmark climate speech this week.

And somehow we managed to fit in a few phone calls and a thought or two on Wendy Davis' stand in TX late last night and the state Republicans attempt to fraudulently pass a radical anti-abortion bill anyway. We got all of that into an incredibly fast moving single show, which follows for you below. Enjoy!

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

If you had read The BRAD BLOG when the Treasury Department's Inspector General's report on the pretend IRS "scandal" came out, you'd already know just about all of this. We tried to tell ya way back then. You see, unlike the rest of the media, it seems, we bothered to actually read that report before reporting on it. For anybody who did the same, the scam should have been pretty clear.

Now we learn that IRS flagged progressive groups for additional targeted scrutiny when applying for tax-exempt status --- just as they did for "Tea Party" groups. But, in the case of progressives, they continued doing so until this month, even after they had stopped flagging "Tea Party"-related groups, according to documents[PDF] released by Democrats on the U.S. House Ways and Means committee on Monday.

That, of course, is why we also described the pretend "scandal", in a subsequent report, as "nearly as phony as the Shirley Sherrod, Van Jones and ACORN 'scandals'".

As the New York Times describes the newly released documents...

This pretend "scandal" is still going on, still makes no sense, and is still no less stupid now than it was last year when the Republican Party foolishly thought it would somehow be their key to winning the White House.

If you've been trying to make sense of this still pretend "scandal", this is just about the best explanation of it that I've seen to date. Please proceed, Mr. Stewart...

Guest blogged by Ernest A. Canning

"When you let university administrators or other employers rather than women and their doctors dictate whose medical needs are legitimate and whose are not, a woman’s health takes a back seat to a bureaucracy focused on policing her body." - Georgetown Univ. Law Student, Sandra Fluke

One unfortunate aspect of the firestorm surrounding Rush Limbaugh's profoundly uninformed, deceptive and misogynistic vitriol and calls for accountability for the Rightwing radio blowhard, is that it has completely overshadowed the substance of Fluke's testimony on the importance of access to prescription contraceptives to women's health.

The Limbaugh firestorm has also overshadowed the fact that the American Taliban (aka the elected Tea Party House Republicans) prevented Fluke from testifying at a House Oversight Committee hearing, framed by the Republican majority as a hearing on "religious freedom", because, as the Washington Post described, "she was not a member of the clergy."

Indeed, while much is made of the fact that the first panel at the 2/16/12 House Oversight Committee examining an issue vital to women's health was all-male, few have taken note that it was also all-clergy. In opening the hearing, Committee Chairman Darrell Issa (R-CA) announced: "Today, the committee will hear testimony from leaders of different faiths."

Not only did the right-wing GOP House leaders fail to so much as recognize Fluke's right to be heard, but, according to Minority Leader Nancy Pelosi (D-CA) (see video embedded in above-linked Washington Post article), they also refused to permit House Democrats to use the House Recording Studio as part of an effort to try and prevent the public from seeing and hearing Fluke's testimony at all. Instead, Pelosi and the Democrats of the Democratic Steering Committee were forced to hold a separate, unofficial "forum", in order to hear Fluke's testimony.

The video of Fluke's opening statement, the testimony that Republicans sought to prevent from being heard at all, is now posted below.

But it is the larger, arguably more disturbing constitutional ramifications of the actions of House Republicans that we'd like to take a moment to highlight on, as they have been almost entirely overlooked in this unnecessary brouhaha...