Guest blogged by Ernest A. Canning

However historically inaccurate the phrase may have been, the idea that Emperor Nero fiddled while Rome burned seems apropos the appearance of a David G. Savage fawning Clarence Thomas puff piece on the front page of the Sunday, July 3 edition of Los Angeles Times.

On March 7, as part of our coverage of a Daily Beast article, in which Univ. of Colorado Law Professor Paul Campos called for Thomas to be thrown off the bench, we noted:

In a March 6 Los Angeles Times op-ed, George Washington Law School Prof. Jonathan Turley found allegations that Virginia Thomas received monies from the groups that had a direct interest in the outcome of Citizens United to be "particularly alarming." He went on to compare Thomas' cynical effort to equate criticism of his ethical lapses with an attack on the integrity of the Court to Louis XIV's infamous view that there was no distinction between himself and the state.

Yet, on July 3, Los Angeles Times gave page-one coverage to Savage's uncritical piece that begins with a self-serving description in which Thomas seeks to portray his radical and, at times, outright bizarre legal positions, such as his stand-alone position that prisoners have no constitutional right to be protected from beatings by their guards, as simply a reflection of a rugged individualist who is not afraid to be a minority of one when he thinks he is right.

During Thomas' contentious Senate Judiciary Committee Confirmation Hearings in 1991, the late Sen. Edward "Ted" Kennedy (D-MA) took a very different view as he likened the Thomas nomination to a game of "Russian roulette":

The firestorm of controversy surrounding questions about Thomas' conflicts of interest, severe ethical lapses, and possible crimes has momentarily slowed a bit over the past month of Congressional (almost) recess and the usual D.C. media "summer vacation." But the list of reputable individuals and organizations calling for the embattled Associate Supreme Court Justice to be investigated by the U.S. Dept. of Justice, removed from office, and possibly prosecuted is likely to grow again once politics as usual resumes following the Labor Day holiday, according to The BRAD BLOG's discussions with a number of those individuals and organizations.

In the meantime, the question remains as to why Los Angeles Times saw fit not only to publish a ridiculous puff piece on Thomas as the firestorm was still cresting in July, failing to so much as reference these serious issues, but why they even found it necessary to elevate such a softball article to their front page.

Before reaching that, however, let's again examine the real issues...

Guest editorial by Ernest A. Canning

While Brad Friedman recently exposed Matthew Vadum to be but the latest in a long line of fraudulent right-wing propagandists who flat-out lie about "voter fraud" as part of the billionaire-funded assault on the right of the those who would be inclined to vote against the GOP, no one could have done more to demolish Vadum's credibility than Matthew Vadum.

"Why are left-wing activist groups so keen on registering the poor to vote?," asks Vadum in the latest of his series of wingnut welfare op-eds/commercials for his laughable new anti-ACORN book:

In claiming that the poor are but a "burden" on society and that registering the poor to vote is "like handing out burglary tools to criminals," who seek "to help themselves to others money," Vadum not only advanced long-discredited hard-right ideological beliefs but revealed the abhorrence that the billionaire class and its paid-for propagandists have for democracy, itself...

Guest blogged by Ernest A. Canning

In an Aug. 29, 2011 letter, T. Christian Herren, Jr., Chief of the Obama DOJ's Civil Rights Division, not only demanded that South Carolina, within 60 days, provide additional information about its recently enacted polling place photo ID restriction law, but stated that if SC failed to provide a timely "response...the [U.S.] Attorney General may object to the proposed changes consistent with the burden of proof placed upon the submitting authority."

Herren noted that SC has the "burden of demonstrating" that the new polling place photo ID law was neither enacted "for a discriminatory purpose nor will have a retrogressive effect."

SC's Republican Attorney General, Alan Wilson, in an apparent recognition that pre-clearance is likely to be denied, told those in attendance at a GOP fundraiser that he had "no faith" that the DOJ "will do the right thing." He vowed to litigate the matter "up to the U.S. Supreme Court if necessary."

As The BRAD BLOG previously reported, on Aug. 5 the ACLU submitted a 15-page letter to the U.S. Department of Justice (DOJ) seeking a denial of pre-clearance under Section 5 of the Voting Rights Act of South Carolina’s polling place photo ID restriction law. The letter argues that proponents’ unsubstantiated claims of "voter fraud" were but a pretext for unlawful discrimination and that statistics suggest that the new law would operate as an illegal poll tax, especially for the disproportionate number of African Americans who live below the federal poverty level in the state.

Last Friday, SC's Senate Democrats weighed in as well, asking the DOJ to deny pre-clearance for what they contend is the nation's harshest polling place ID restrictions, which could potentially disenfranchise, for example, someone whose driver's license has been suspended.

While denial of pre-clearance due to the retrogressive effect of photo ID restrictions in SC would be a positive step, it will not serve to protect democracy and the sanctity of the vote in other jurisdictions not subject to pre-clearance under the Voting Rights Act of 1965.

As described by John Nichols in The Nation (see video below), and again by Ari Berman in Rolling Stone --- as we detailed yesterday --- state-after-state across the nation has come under a well-coordinated assault by the corporate-funded American Legislative Exchange Council (ALEC) and GOP legislators bent on rigging electoral outcome as part of their war on the middle class...

I was joined today by The Nation's Ari Berman on my KPFK/Pacifica Radio show to discuss his new article today in Rolling Stone on "The GOP War on Voting". See my report on his article from earlier in the day right here.

This was an important discussion about an important article about one of the most important issues to directly effect the outcome of virtually every election in the nation in 2012. None of that, apparently, given what the rest of the MSM decided to cover today, is any where near as important as whether John Boehner will allow the President to speak to a joint session of Congress on Sept 7th or or whether it'll have to be on Sept 8th, and whether Christine O'Donnell or Sarah Palin will appear at a "Tea Party" event this weekend in Iowa.

And you wonder why we're in the mess we're in.

My conversation on "The GOP War on Voting" with Ari Berman today follows...

Download MP3 or listen online here [appx 27 mins]...

[NOTE: Ari Berman, author of the article discussed below, joined me on my KPFK/Pacifica Radio show today. That interview is now posted here. - BF]

While readers of The BRAD BLOG may be familiar with many of the items covered in Ari Berman's fine new article "The GOP War on Voting" at Rolling Stone today (and in its Sept 15, 2011 issue on newsstands), it's great to have a summary of all of the latest state-based assaults on voting rights instituted to date, in the wake of last year's Republican wave election, all in one place.

Berman covers all of these and more in his piece on the "unprecedented, centrally coordinated campaign to suppress the elements of the Democratic vote that elected Barack Obama in 2008," described by one civil rights advocate as "the most significant setback to voting rights in this country in a century"...

Guest blogged by Ernest A. Canning

Noting that someone earning $106,000 a year contributes the same amount as a billionaire, Sen. Bernie Sanders (I-VT) announced his intention to introduce the "Keeping Social Security Promises Act."

The legislation, modeled after a promise President Obama made during his 2008 campaign, would attach the Social Security payroll tax to all incomes over $250,000.

Sanders cited the Chief Actuary of the Social Security Administration, who said that the move would "ensure that Social Security can pay out all benefits for at least the next 75 years."

Receiving a standing ovation from some 3,000 labor leaders at last week's Las Vegas United Steelworkers Convention (see video below), Sanders blasted both Republicans and those Democrats who've called for cuts to Social Security. He noted that as Social Security is funded by the payroll tax and not the U.S. Treasury, it "has not contributed one nickle to the deficit."

"In fact," said Sanders, "according to...the Congressional Budget Office, Social Security has a $2.6 trillion surplus."

"When [Social Security] was developed, 50% of seniors lived in poverty," explained Sanders. "Today…that number is 10%. Social Security has done exactly what it was designed to do….For 75 years…Social Security has paid out every nickel owed to every eligible American."

The Senator went on to tell the union workers in Vegas that he'd "be damned if they're going to cut Social Security."

Video of Sen. Sanders' speech at the United Steelworkers convention follows...

Guest editorial by Ernest A. Canning

The League of Women Voters in Wisconsin announced it will file a lawsuit in Dane County Circuit Court charging that the Badger State's newly-enacted polling place photo ID restriction law violates the state's Constitution.

From a strictly legal perspective, the decision by the League's attorney Lester Pines to challenge the new photo ID law pursuant to the state's Constitution is significant.

Under Equal Protection analysis, any impartial jurist would readily understand that the statute does not meet the heightened scrutiny that accompanies the fact that, under the WI Constitution, voting is deemed a "fundamental right."

While certain exclusions are allowed in the Constitution, such as laws which exclude felons or those whom the state deems "mentally incompetent," the language explicitly notes that "every United States citizen age 18 or older who is a resident" of Wisconsin may cast a vote.

But therein lies the rub. Absent the removal of Justice David Prosser in connection with the allegations that he choked Justice Ann Walsh-Bradley, as is currently being investigated by a special prosecutor, the League's constitutional challenge will run smack dab into a WI Supreme Court that sports a 4-3 majority of partisan ideologues in robes...

Guest blogged by Ernest A. Canning

Yesterday, The Post & Courier of Charleston, South Carolina reported that a local "Council of Governments [COG] approved a resolution...asking for the state to audit how its voting machines are working."

The "machines" are the 100% unverifiable ES&S iVotronic touch-screen Direct Recording Electronic (DRE) voting systems.

The Post & Courier not only mentions the fact that state election officials insist that the "iVotronic machines reliably tally votes," but buys into the canard that "increased skepticism" is based upon [emphasis added] "human errors made during last year's elections." It adds that the COG resolution expressed "a concern [that the] voting machines...do not incorporate a 'paper trail' that could facilitate unequivocal confirmation of election results."

If there is any state in the nation that should realize that casting a vote on the ES&S iVotronic amounts to an exercise in blind-faith, with or without a so-called "Voter-Verifiable Paper Audit Trail" (VVPAT), it would be South Carolina...

So, this guy is the front-runner for the 2012 Republican nomination for President of the United States?...

TPM has more context, etc., and you can decide for yourself whether Romney was echoing the absurd Citizens United line there (that corporations are Constitutionally entitled to the same rights as human beings), or whether he was trying to say that what is good for corporations is good for the people who own and/or benefit from them.

But what strikes me is that Romney appears quite flustered and weak in that exchange. The entire tussle, with a few hecklers at the Iowa State Fair serves to make him appear profoundly unPresidential, when appearing Presidential is one of the few things he can be good at...at times. Perhaps Mittens oughta stay away from state fairs...and campaign appearances where actual people get to ask questions and stuff...for a while.

One thing is for certain though. Fairly or unfairly, that comment is likely to haunt him for a long time to come. I suspect it will become a landmark moment in Romney's political trajectory frankly. That view seems to be shared by both Rachel Maddow, who points out this isn't the first such awkward campaign appearance by Mitt, and by Stephen Colbert as well, who says Romney's "historic" statement yesterday makes him "this generations civil rights champion --- a Dr. Martin Luther, Inc., if you will." (Videos of their takes below.)

Nonetheless, for the moment, even after last night's very lively and entertaining Iowa GOP Debate on Fox "News" (a few, if not all, of the high/lowlights of what TPM describes as 'GOP Fight Night' here), Mitt still remains the man to beat --- though that's not saying much, given the current Republican field a full 15 months away from next year's Presidential election.

Maddow and Colbert video takes on Romney's "Corporations are people, my friend" comment follow...

Guest blogged by Ernest A. Canning

Last Friday, Aug. 5, in a 15-page letter [PDF], the American Civil Liberties Union (ACLU) asked the U.S. Department of Justice to deny pre-clearance of South Carolina's photo ID law, as signed into law by Gov. Nikki Haley (R), pursuant to Section 5 of the Voting Rights Act. Pre-clearance must be denied if the law was enacted for a discriminatory purpose or if it has "the effect of denying or abridging the right to vote on account of race or color."

As the Voting Rights Act of 1965 addressed specific barriers to voting that had been enacted by the Jim Crow South, the ACLU letter, of necessity, focuses upon the disproportionate impact upon South Carolina's African-American electorate who are amongst the 178,175 registered South Carolina voters who do not possess the forms of photo identification required by the state's new polling place Photo ID restriction law. However, the ACLU's discussion of pretextual justifications for the Palmetto State's new law exposes a GOP intent to suppress the vote on the basis of class as well as race not only in South Carolina but in the spate of similar photo ID laws that are being pushed in state after state by the GOP, and supported by their paid partisan shills in the right-wing media...

"This is what voter suppression looks like."

Those are the words on the final title card in the video [embedded below] shot by a Wisconsin woman documenting her experience at the DMV in Madison last week. The video purports to illustrate the ridiculous extra, and invasive, efforts many previously-legal voters in the Badger State will now likely face in order to exercise their right to vote in the state since the passage of the GOP majority's newly enacted voter suppression laws.

In this case, the woman was trying to help her son get a free Photo ID at the DMV, as is his right under the new statutes. At first she was told the charge for the supposedly-free ID would be $28, and that was only after she convinced a clerk that there had been enough "activity" in her son's bank account, as used by the clerk to determine whether or not he actually resided in the state.

And that was for an affluent white resident. If you're a homeless person in WI, as the woman's interview with another clerk in the video suggests, you can pretty much just forget about being able to vote at all under the new law.

An official at the Wisconsin Dept. of Transportation confirmed to The BRAD BLOG that those seeking the Photo ID for free must actually know to request it during the application process, as required by the language, she told us, in the new state statute...

Last night, at Niagra Falls, where two grandmothers were the first to be married at one second after midnight, as New York welcomed marriage equality to the Empire State...

[Photo courtesy Lance Bass of 'N Sync.]

P.S. Yes, I'm still buried in work on the series of exclusives I've cryptically alluded to previously (here and here), even while prepping to guest host tomorrow night's Mike Malloy Show again. So your patience while I'm otherwise distracted with those important items continues to be much appreciated!