So much for states' rights from the so-called "conservative" U.S. Supreme Court --- as if 2000's Bush v. Gore didn't already tell you that they, like other "small government Conservatives", were largely full of shit when making that pretend claim...only when convenient to their policy goals, of course...

You can read more about the courageous decision earlier this year by the Montana Supreme Court --- the decision struck down today by SCOTUS --- in Ernie Canning's coverage from January. In that case, even the dissenting MT Justice found the U.S. Supreme Court's "entire concept" of corporate personhood to be "offensive."

"Corporations are not persons. Human beings are persons, and it is an affront to the inviolable dignity of our species that courts have created a legal fiction which forces people --- human beings --- to share fundamental, natural rights with soulless creations of government. ... Indeed, it is truly ironic that the death penalty and hell are reserved only to natural persons," wrote the dissenting Justice James C. Nelson who, clearly, disagreed with Citizens United, but dissented in the MT case because he believed --- as SCOTUS affirmed today --- that they, not states, can decide how campaign finance will or won't work for every state in the entire nation.

The 5-4 Citizens United majority has essentially told Montana --- and every other state in the union --- that they may not run their own elections as they wish. Even though Justice Anthony Kennedy had written for the majority in that case that "independent expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption," the high court today decided not to review the record of corruption --- essentially, mining companies buying up the entire state legislature in MT back at the turn of the 20th century --- which gave rise to the now-dead Montana law.

In Justice Stephen Breyer's dissenting opinion of today's summary reversal (made without even hearing oral arguments), he writes: "[E]ven if I were to accept Citizens United, this Court’s legal conclusion should not bar the Montana Supreme Court’s finding, made on the record before it, that independent expenditures by corporations did in fact lead to corruption or the appearance of corruption in Montana."

"Given the history and political landscape in Montana, that court concluded that the State had a compelling interest in limiting independent expenditures by corporations," Breyer wrote in the dissent (joined by Justices Ginsburg, Sotomayor and Kagan). "Thus, Montana’s experience, like considerable experience elsewhere since the Court’s decision in Citizens United, casts grave doubt on the Court’s supposition that independent expenditures do not corrupt or appear to do so."

The court's one paragraph summary reversal and Breyer's full dissent can both be read here [PDF].

Before, during and after last week's historic Wisconsin recall elections, we detailed why there is reason to be concerned about the computer-reported results of the votes cast across the state, even with the majority of those votes having been cast on paper ballots.

In short, the results are, and will remain, 100% unverified unless someone bothers to get a court order.

As we previously reported...

Unfortunately, in Wisconsin, no such post-election hand-examination takes place for any ballots --- at least not without both a recount request and an order from a judge. There are no spot-checks to ensure accuracy, so there is no way to know if the results reported by the computers reflect what the actual voters said in Wisconsin. The reported results are therefore either accurate or they are not. Who knows?

We explained why all of the above means that we cannot know if Republican Scott Walker actually won his gubernatorial recall election anymore than we can know if John Lehman (D) won his challenge against incumbent state Sen. Van Wanggaard (R) in the District 21 state Senate recall on the same day. (If Lehman is certified as the winner, the Democrats will take majority control of the state Senate. Wanggaard should demand a hand count of all ballots. To do so, he needs to file for a recount, and then beg a judge to allow that count to be done by hand, rather by the same machines once again, as is the standard under the WI election code.)

For those who think such concerns are overwrought, if the above instance of op-scan machine failure aren't enough for you, take a look at what happened last week in three different counties in Montana, on the very same day of the recall elections in Wisconsin...

Guest Editorial by Ernest A. Canning

On Wednesday, by a bi-partisan vote of 26-3, the Vermont state Senate passed a resolution "calling for an amendment to the [U.S.] Constitution that corporations are not people and money is not speech and can be regulated in political campaigns" according to advocacy group, Move to Amend.

A majority of Senate Republicans joined with all of the Democrats in voting to approve the measure. The three nay votes came from Republicans after similar resolutions were passed in March by 64 different communities in Vermont.

Move to Amend observed that the Green Mountain State's Senate resolution goes much further than similar resolutions passed in Hawaii and New Mexico, which sought only to overturn the infamous U.S. Supreme Court decision in Citizens United vs. Federal Election Commission [PDF]. (The CA State Assembly also passed a resolution last month to overturn Citizens United).

In 2010, President Barack Obama blasted Citizens United as "devastating to the public interest." During his 2010 State of the Union Address, the President said the Court's decision would "open the floodgates for special interests --- including foreign corporations --- to spend without limit in our elections."

However, the President has, as yet, not offered a rejoinder to the presumptive Republican nominee, Mitt "Gordon Gekko" Romney, by squarely stating that "corporations are not people!"

If the President followed Vermont's lead, would it portend to a Democratic landslide in November? Would the SCOTUS, faced with the prospect of a Constitutional Amendment that would put an end to corporate personhood altogether, feel pressured to either overrule or, at a minimum, curtail the reach of Citizens United?...

Guest editorial by Ernest A. Canning

Citizens United rejected a congressional legislative ban on corporate campaign contributions. It says nothing about the ability to tax such contributions...

Guest blogged by Ernest A. Canning

This week, the Montana Supreme Court stood up to the U.S. Supreme Court's Citizens United decision, rejecting the much-criticized 2010 federal decision by declaring that, in their state at least, a century-old prohibition on corporate money in local politics will be allowed to stand.

By way of a 5-2 decision in Western Tradition Partnership, Inc. vs. Attorney General of Montana [PDF], the state's high court upheld the constitutionality of the long-standing Corrupt Practices Act of 1912, which prevents direct contributions by corporations to candidates or political committees. The law does not, however, prohibit voluntary individual contributions to separate segregated funds created by shareholders, employees or members of a corporation.

The state law also mandates disclosure of who pays for political communications, while the 2010 Citizens United ruling allows for unlimited secret money to flood into campaigns, for use either for or against any particular candidate.

The majority opinion in the Montana case, written by Chief Justice Mike McGrath, sought to distinguish their state law from Citizens United vs. Federal Election Commission [PDF] by pointing to factors in the state --- its dependence upon agriculture and extractive resource development, as well as its sparse population and history of low campaign expenditures --- which, he claimed, make the state "especially vulnerable to...corporate control to the detriment of democracy".

Even one of the dissenters in the MT decision, Justice James C. Nelson, while making clear that he believes the SCOTUS decision likely takes legal precedent over their own state law, offered a blistering critique to the very underpinnings of Citizens United --- a case we previously predicted "will live in infamy" --- by taking direct aim at the absurd concept of "corporate personhood" in his dissenting opinion...

Guest blogged by Ernest A. Canning

Neither the recent claim made by anonymous hacker, Abhaxas, that he/she had hacked into Florida's e-voting database nor the efforts by FL election officials to minimize the breach of its system comes as a surprise to The BRAD BLOG.

In fact, minimization of the vulnerability following the reported hack calls to mind what Roger G. Johnston, Ph.D of the Argonne National Laboratory describes as the Arrogance Maxim:

One would think that Abhaxas had Johnson's Arrogance Maxim in mind. As reported by Doug Chapin of the University of MN, the anonymous hacktivist responded to the official denials by hacking into the FL voting system a second time; posting "a directory listing of the Florida database with the (sarcastic) observation 'Glad you cleaned up, pretty secure now guys'."

As an encore, Abhaxas then hacked into Montana's government website, where he/she exposed 16 databases.

While Chapin acknowledges the vulnerability exposed by the hack, once again, as is his habit over the years, Chapin draws the entirely wrong lessons in pointing to the need for better training and security procedures...

TWITTER: @GreenNewsReport
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IN TODAY'S RADIO REPORT: Meet the nation's newest oil spill, now on the Yellowstone River; Global Warming takes much of the fun out of the 4th of July in the Southwest; Fox's favorite TV weatherman, Joe Bastardi says 'Why worry?; Could the environment be a factor in triggering autism?; PLUS: The 50 states are getting warmer (no, not just because it's summer!) ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Warmer oceans undermining polar ice sheets: study; How rising temperatures change extreme weather intensity, frequency; Making solar panels with paint; New asbestos fears in Superfund town of Libby, MT; EPA to unveil new rules on coal plant pollution; GOP wants to cut screening for deadly strain of E. coli; Drought in East Africa becoming a humanitarian emergency; Extreme weather link 'can no longer be ignored': scientists; Vast deposits Of rare earth minerals in Pacific ocean seabed; Fukushima residents dump radiated soil; Monster blue catfish record catch: a monster of our own creation; McDonald's UAE to make biodiesel from used cooking oil ... PLUS: If you enjoy your peace of mind, DO NOT read this study that indicates climate models are creating a false sense of security ...

TWITTER: @GreenNewsReport
VIA SMART PHONE: Stitcher Radio!

IN TODAY'S RADIO REPORT: Heavier storms now definitely linked to climate change... But one MT legislator says "Bring it on"; Score one for the whales; PLUS: Oil subsidies, shmoil-shmubsidies --- Republicans vs. Obama's budget and Big Bird vs. Big Oil ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Rising seas forecast to flood US coasts by 2100; Public trusts EPA, tells Congress butt out; Study: Trillions in investment at risk from climate change; Coal's hidden costs: $345 Billion; Oil cos. unveil spill containment system; Huge solar flare jams radio, satellite signals; UN sounds alarm on ocean pollution; Screwdriver blamed for nuclear plant shutdown; UK's Cameron abandons forest sell-off plan; Apple admits child labor, poisoned factory workers; 3 states challenge feds on nuclear waste; Teen makes homemade solar death ray ... PLUS: 2/3rds of permafrost gone by 2200: study ...

Elections are being held in some 13 states (Arkansas, California, Georgia, Iowa, Maine, Montana, Nevada, New Jersey, North Dakota, South Carolina, South Dakota, Virginia) today. Lord help us.

A reminder how helpful screenshots of election results taken from official websites on election night and in the days following, can potentially be, can be found in our recent exclusive on the still unexplained results from the Monroe County, Arkansas, May 18th primary, where thousands of votes "disappeared" in the days after the election.

If you don't know how to take a screenshot, here's the quick primer (at least on a PC): While viewing the page in question, hold the ALT button and hit the PrtScreen button. Then paste the ensuing clipboard graphic into a graphics program, and save with a filename that includes both the date and time the shot was taken. Hopefully someone else can explain how to do that on a Mac in comments.

Of course, as you hear or read of problems at the polls throughout the day, feel free to email us with details and URLs, and we'll do our best to look into it.

On the more-political-less-Election-Integrity side of the equation, The BRAD BLOG's resident attorney/historian-in-chief Ernest Canning has offered a number of recent, noteworthy articles on matters related to the ballot out here in CA, perhaps they're worth re-linking this morning. Of particular interest --- even to readers across the country --- should be the top item below, concerning Prop 16, and the deceptive way in which a huge corporate power is attempting to deceive voters with the use of millions of dollars to support a phony campaign.

For that matter, in reviewing the articles below, they each speak to one common element: the outlandish power that money holds, now more than ever, when it comes to our "democracy"...

5/9/10: Prop 16 'Power Play': A Private Utility's Assault on Publicly-Owned Electricity Providers

4/27/10: Meg Whitman, Wall Street, 'Billionaire Sociopaths' and the Media 'Substance Deficit'
5/31/10: Billionaire vs. Billionaire: Propaganda and Race in CA's GOP Gubernatorial Primary

5/16/10: Winograd Misses 'Debate' Chance to Slam Harman's Dissembling, Conflicts-of-Interest

U.S. District Judge Donald Molloy spanked the Montana GOP's Executive Director Jake Eaton for his unsubstantiated (and since-withdrawn) challenge to 6,000 voters in Democratic-leaning counties yesterday, solely on the basis that they'd filed change of address forms within the last 18 months.

"In his zeal to protect what he sees as Montana's fragile democracy from these transient hordes," the Judge wrote in his order, in response to state Dems and even the Obama campaign who stepped up to challenge the out-and-out attempt at voter suppression, "Eaton ignored the very law that answers his challenges."

“One can imagine the mischief an immature political operative could inject into an election cycle were he to use the statutes, not for their intended purpose of protecting the integrity of the people's democracy, but rather to execute a tawdry political ploy," Malloy wrote.

"The timing of these challenges is so transparent that it defies common sense to believe the purpose is anything but political chicanery," he added before noting that the challenges clearly violate federal law, since they come so close before an election, and focused only on counties where Democratic-leaning voters live.

When we covered the Montana GOP's waving the white flag of surrender yesterday, in light of actually being challenged (for a change) by Democrats, we also noted that we hoped they would not drop their lawsuit, even as the bully-boy Republicans had decided to cut and run...

Last Friday, we told you about the bogus challenges --- 6,000 of them --- made by the Montana GOP against voters in six Democratic-leaning counties in the state, based solely on the fact that the voters had filed change of address forms with the U.S. Postal Service within the last 18 months. The GOP claimed, with a straight face, they were fighting "voter fraud", even though there was indications of no such fraud, and the result was little more than chaos at the election offices, just 30 days out from a major election.

One of the GOP's challenged voters turned out to be an Army Reservist who would be unable to verify his authenticity --- and thus would lose his right to vote under the challenge --- since he was in New Jersey, about to ship out for his second tour of duty in Iraq.

Well, we've got some good news on this story, for a welcome change...

No time to go into detail on this story, before what --- I promise --- will be a very lively appearance during my weekly 5pm PT (8pm ET) appearance on The Peter B. Collins Show today, where we'll have a very special guest joining us, and before Guest Hosting the Malloy Show from 6p-9p PT (9p-Midnight ET), so lemme just get this out here breifly and let you click for more details.

As reported yesterday by The Missoulian, and denounced today by Project Vote...

As noted in the Missoulan's lede graf, the 6,000 challenged were voters are "in seven counties historically considered Democratic strongholds." They also report that, "Only twice in the past 15 years has [the] Missoula County election administrator [where 3,422 of the challenges are] had anyone try to challenge another voter's eligibility."

The Republican War on Democracy continues.

UPDATE 10/4/08: James Sample at HuffPo reports that one of those 6,000 challenged voters who may lose their right to vote is a former MT State Rep, and an Army Reservist, currently in New Jersey because he's about to leave for Iraq. Again. He won't be able to go to Montana to confirm his authenticity, unfortunately. First Lieutenant Kevin Furey (seen at right) has released this statement:

Once again, Republicans continue to show that they hate both democracy and the troops!