On June 30th, five male justices held that "closely held" for-profit secular corporations like Hobby Lobby are exempt under the Religious Freedom Restoration Act (RFRA) from the so-called "contraception mandate." Right-wing media predictably cheered and mocked women's access to contraception, even though the decision was based on a series of myths.
Here are eight women explaining why the Hobby Lobby decision is dead wrong:
Fox News host Martha MacCallum described the pending Hobby Lobby case -- a challenge to the Affordable Care Act's requirement that all employer-sponsored health insurance cover contraceptives as part of preventive services -- by repeating four right-wing media myths in the span of 17 seconds. MacCallum adopted the false narrative of the religious owners of the for-profit, secular chain store and its supporters during the June 25 edition of America's Newsroom:
1. "The Hobby Lobby case, which challenges the Obamacare conception mandate that requires ..."
As political science professor Scott Lemieux explained, "there is no 'contraception mandate.' Hobby Lobby is not legally required to compensate its employees with health insurance at all. ... What is erroneously described as a 'mandate' simply means that if corporations choose to take advantage of the tax benefits for compensating employees in health insurance rather than wages, the insurance has to meet minimum coverage standards." In other words, Hobby Lobby can avoid contraception coverage by providing no health insurance at all -- but it may not hold its employees hostage by sponsoring health insurance policies that are not complaint with the ACA.
2. "... that employers provide ..."
As Georgetown Law professor Marty Lederman has written, it would be the federal government that requires the insurance companies -- not Hobby Lobby -- to meet the minimum coverage standards that include comprehensive preventive services, including birth control. According to Lederman, "Once the HHS Rule goes into effect, it would not be the Greens who 'directed' the Hobby Lobby ... insurance plans, in any real sense, to cover contraception: That would, instead, be a legal requirement imposed by the government -- and it's a requirement that applies to any and all such plans throughout the nation, whether sponsored by an employer or not."
3. "... free access to conception methods ..."
It turns out that so-called "free" birth control isn't actually free. In fact, "it is misleading -- and politically dangerous to say so," according to Jodi Jacobson, editor-in-chief of RH Reality Check, because "if you have insurance, you pay for it, either by virtue of your labor or out of your own pocket, or, depending on the situation, both. And under the ACA, it is now mandated that your insurance plan cover certain benefits without a co-pay. This does not make them 'free.' It means that you are paying for that service as part of your premium. You earned it, you paid for it, it is yours. If you pay for it, you deserve to get it."
4. "... as part of a comprehensive Obamacare health policy, includ[ed] in that would be some drugs which could trigger abortion."
Despite the fact that Hobby Lobby "sincerely believes" that some contraceptives result in the termination of a pregnancy, the science simply does not support this claim. According to The New York Times, "It turns out that the politically charged debate over morning-after pills and abortion ... is probably rooted in outdated or incorrect scientific guesses about how the pills work. Because they block creation of fertilized eggs, they would not meet abortion opponents' definition of abortion-inducing drugs."
Following the announcement that U.S. Special Operations forces had captured Ahmed Abu Khattala, a suspected ringleader of the 2012 attacks on U.S. diplomatic facilities in Benghazi, Libya, Fox News' coverage has been notable for a word that's been missing.
Since 2012, Fox News has referred to numerous Benghazi reports -- which typically just rehash their tired smears about the attacks -- as "bombshells." But in the hour after news of the arrest, nobody at the network has called the latest development a "bombshell."* (Instead, Fox is busy questioning the timing of the arrest.)
Here's a video demonstrating Fox's use of "bombshell" to describe everything but a major development in the story:
*Based on a transcript search of Media Matters' internal video archive.
A new Delaware law that would restore the rights of stockholders to bring class action lawsuits without fear of having to pay legal costs if they don't win every single part of their legal claim is being slammed by the U.S. Chamber of Commerce and its affiliate, the Institute for Legal Reform (ILR). But even right-wing media outlet Forbes isn't sold on their arguments.
In May, the Delaware Supreme Court surprisingly ruled in ATP Tour v. Deutscher Tennis Bund that corporations were allowed to unilaterally add bylaws forcing the loser in shareholder litigation to pay all the associated legal fees. These sorts of "loser pays" provisions are atypical in the U.S. but have been promoted by conservative organizations like the Chamber and the ILR under the guise of ending "frivolous lawsuits." Ultimately, though, such provisions have the effect of deterring or outright blocking many meritorious class action lawsuits brought by victims of corporate malfeasance.
In response to the state supreme court's holding in ATP Tour, Delaware legislators have proposed SB 236, a bill that would reinstate the normal prohibition on "loser pays" bylaws. The ILR is already registering its vocal opposition to the bill, arguing that it will leave corporations vulnerable to "abusive litigation."
Usually, right-wing media can be counted on to recycle the Chamber and ILR's pro-business talking points, in particular The Wall Street Journal editorial board. This time, however, even Forbes' Daniel Fisher questioned ILR's arguments. According to Fisher, who has supported anti-consumer provisions like forced arbitration clauses in the past, "opponents of SB 236 may be pushing too far" by promoting a loser pays system:
The bill's sponsor, Democratic Sen. Bryan Townsend, said he will set the bill aside for a while amid vocal opposition by the U.S. Chamber Institute for Legal Reform, according to the Wilmington News Journal.
The bill seems to restore the status quo by affirming the limited liability nature of corporations, where shareholders can only lose money to the extent of their investment. But the ILR said the proposed law -- passed, it noted, on "an extraordinarily expedited basis" -- would reverse a decision that "gives corporations a way to protect their shareholders" against the costs of "abusive litigation."
By pushing to retain the option implied by the ATP Tour decision, opponents of SB 236 may be pushing too far. Delaware courts have granted them ample tools to deal with shareholder litigation and chipping away at limited liability might be a cure that is worse than the disease.
Fisher's skepticism of ILR's issues with the bill are well-founded. According to Paul Bland, executive director of Public Justice, the Delaware Supreme Court's decision not only runs afoul of the basic concepts of contract law by allowing corporations to unilaterally change the rules of the game on their investors, it makes it "far easier for corporations to insulate themselves from accountability if they cheat shareholders or break the law. By contrast, the vast majority of courts in the U.S. disapprove of this kind of loser-pays provision."
It's not just states like Delaware that are threatening the viability of investor class action lawsuits, one of the best ways for defrauded stakeholders to get legal relief from the corporation who harmed them. Any day now, the Supreme Court will issue its decision in Halliburton v. Erica P. John Fund, a case that could make it nearly impossible for investors who have been the victims of corporate fraud to join together as a class and sue. Watch Bland explain in two minutes how Halliburton could be yet another in a long line of pro-business decisions from the conservative majority at the Court:
Cheered on by right-wing media, the conservative justices of the Roberts Court are steadily dismantling Americans' ability to access justice through class actions, case after case.
The latest chance for the Supreme Court to roll back consumer protections in favor of big business is in Halliburton v. Erica P. John Fund, a case that could make it more difficult for investors to bring class action lawsuits against corporations who commit fraud. Right-wing media have been busy misinforming about the case, calling securities litigation a "situation basically directly out of a Kafka novel," a "windfall" for plaintiffs lawyers, and have attacked class actions as "frivolous" and "ineffective."
For its part, the conservative Roberts Court has repeatedly sided with corporations, all the while making it difficult for consumers to fight back. Under Roberts, the Court has slashed at its own precedent in an effort to make class actions obsolete, making it more difficult for women and people of color who have been systematically paid less by their employers to join together as a class to sue.
Paul Bland, the executive director of Public Justice, has dedicated his professional life as a lawyer and consumer advocate to protecting people from corporate wrongdoers and bad Supreme Court decisions. Watch as he explains how the pro-business tilt of the Court has harmed not just his clients, but everyone.
Fox News has finally succeeded in convincing House Republicans to establish a select committee on Benghazi, a move it has hyped for more than eighteen months. The network has celebrated in classic Fox style: by reviving a host of debunked Benghazi myths and patting itself on the back for its political influence.
On May 2, House Speaker John Boehner (R-OH) announced that he would call for a vote in the House "to establish a new select committee to investigate the attack, provide the necessary accountability, and ensure justice is finally served." Fox figures were quick to brag about their role in the creation of the select committee and their unrelenting coverage of the 2012 attacks, which most recently included a misguided attempt to turn an innocuous email by Deputy National Security Adviser Ben Rhodes into the new "smoking gun" that proved the Obama administration covered up the truth about the attacks in Benghazi.
Boehner announced on May 9 the six GOP lawmakers who will join Republican Chairman Rep. Trey Gowdy of South Carolina on the select committee: Reps. Susan Brooks of Indiana, Jim Jordan of Ohio, Mike Pompeo of Kansas, Martha Roby of Alabama, Peter Roskam of Illinois and Lynn Westmoreland of Georgia. The Speaker even commemorated the announcement with this tweet:
Fox's calls for a select committee long precede the latest manufactured scandal du jour. The network's promotion of a select committee dates to as early as November 2012 and has continued ever since, unabated by the numerous investigations and hearings on Benghazi already completed. Take a look:
Fox News has repeatedly resisted calls to raise taxes on the wealthy and on corporations over the past year, often peddling a number of myths about the connection between top tax rates and economic growth.
In honor of Tax Day, here's Fox News protecting the rich over the past year:
Fox News is celebrating Equal Pay Day by downplaying the problem of a pay gap between men and women in the United States.
April 8 marks the observance of Equal Pay Day, an awareness campaign to educate the public about the pay discrepancy between working men and women in the United States. According to the most recent report from the American Association of University Women (AAUW), women working full-time in 2012 took home approximately 77 cents for every dollar earned by a man working full-time, a ratio that has remained stagnant for nearly a decade.
Despite the discrepancy in take-home pay between American men and women, right-wing media voices, led by Fox News, continue to disregard the issue entirely, claiming either that the gap is not real or that it is too insignificant to merit a proactive response.
Watch Fox deny reality as it attempts to pretend the gender pay gap away:
Narration by Meagan Hatcher-Mays
In the four years since the signing of the Affordable Care Act, right-wing media has engaged in a campaign to undermine the law in any way possible, frequently resorting to lies, myths, and misinformation. Among the most prominent and long-lasting of these myths are claims that the law amounts to socialized medicine, will harm the economy, provides federal funding for abortions, kills thousands of jobs, and of course, creates death panels.
To find out the truth behind other health care reform myths, visit Media Matters' Mythopedia project.
Conservative radio host Mark Levin is receiving the "inaugural" Andrew Breitbart Defender of the First Amendment Award at noon today at the Conservative Political Action Conference, the annual conference for right-wing activists.
The award, named after the conservative media entrepreneur who passed away in 2012, will be presented by top executives at Breitbart News, the website he founded, and by Citizens United President David Bossie.
Levin has a long history of pushing conservative lies and hateful rhetoric, including recently comparing marriage equality to incest, polygamy, and drug use, comparing supporters of the new health care law to Nazi "brown shirts," claiming "middle class" is a "Marxist term," supporting racial profiling, and likening immigration reform to the "destruction" and "unraveling" of society.
According to Breitbart News, Levin is winning the award because he "fearlessly and passionately stands up for conservatives and everyday Americans whose voices the mainstream press often tries to marginalize or silence."