Fox News is reporting on an unsubstantiated rumor that the Obama administration has a "secret plan B" to deal with the fallout of an upcoming Supreme Court case that could invalidate tax credits for millions of Americans. But administration officials have repeatedly denied that such a plan exists -- and there is little the administration could do to restore the credits if the court strikes them down.
On March 4, the Supreme Court will hear King v. Burwell, a case that could block the availability of health care subsidies for consumers who purchased insurance over the federal exchange, which operates as the sole health insurance marketplace in the 37 states that don't operate their own. The lawsuit is based on a right-wing misinterpretation of the Affordable Care Act (ACA) that claims that the law allows the IRS to provide tax credits only to those who bought insurance over "Exchanges established by the State," and not the federal government. In addition to the congressional authors of the ACA, the vast majority of health and legal experts agree that this strained reading of the law is not only incorrect, but contrary to the way the Supreme Court generally interprets statutes -- as a whole, and in context.
Despite the lawsuit's clear flaws, right-wing media have acted as a booster for its potential to gut the ACA -- and only recently figured out that without the subsidies, millions of Americans would be faced with ruinous health care costs. As The New York Times explained, "if the court decides to limit federal tax credits, the result could essentially be the creation of two American health care systems. The haves -- in mostly Democratic states -- may not be impacted, while the have-nots -- in 37 mostly red states -- could face spiraling costs."
But now Republicans are attempting to shift the blame to the Obama administration by claiming that the administration actually does have a super-secret contingency plan, and multiple statements to the contrary are an effort "to influence the court ahead of the March 4 arguments," according to The Hill.
Even though the administration has said that there is no such plan -- secret or otherwise -- Fox News was happy to pass along this unsubstantiated rumor on the February 26 edition of America's Newsroom. In a report about a congressional hearing on the ACA, Fox's Doug McKelway stated that Health and Human Services Secretary Sylvia Burwell would be facing questions about the administration's "contingency plans" if the tax credits are struck down. McKelway went on to report that "there are rumors circulating that senior HHS officials do have a secret plan B should the Supreme Court rule against Obamacare":
Conservative author, filmmaker, and Fox News darling Dinesh D'Souza attacked President Obama as a "boy out of the ghetto" and "vulgar man" following the president's recent appearance in a BuzzFeed video promoting health coverage through HealthCare.gov.
YOU CAN TAKE THE BOY OUT OF THE GHETTO...Watch this vulgar man show his stuff, while America cowers in embarrassment pic.twitter.com/C9yLG4QoOK-- Dinesh D'Souza (@DineshDSouza) February 18, 2015
I know Obama wasn't actually raised in a ghetto--I'm using the term metaphorically, to suggest his unpresidential conduct-- Dinesh D'Souza (@DineshDSouza) February 18, 2015
TRANSLATING FOR OBAMA GROUPIES: A guy without class doesn't become a classy guy, even when he's in the White House-- Dinesh D'Souza (@DineshDSouza) February 18, 2015
The Supreme Court will soon hear King v. Burwell, a right-wing challenge to the Affordable Care Act that could strike down the subsidies that Americans rely on to purchase health insurance. Here is a media guide to some of the health care and legal experts -- including conservative industry groups, members of Congress, and state officials -- who are asking the Court to reject the challengers' reading of the ACA, which flouts common sense and rules of statutory interpretation.
A Fox News Special Report segment hyped fears that the Affordable Care Act (ACA) could impose a penalty on taxpayers who received an advanced premium subsidy to help defer the cost of health care insurance. But the report failed to note that the IRS offers penalty relief to some taxpayers.
According to The New York Times, many ACA enrollees who qualified for a subsidy and chose to have it paid in advanced based on their projected 2014 income may have to pay for subsidy overpayments. The Times explained, if "their actual income was higher -- because they got a raise or found a new job -- they will be entitled to a smaller subsidy and must repay the difference, subject to certain limits."
On the February 6 edition of Special Report, guest host Chris Wallace claimed that "many tax-payers are getting a nasty surprise courtesy of the president's health care law." White House correspondent Kevin Corke reported that millions could have to pay a tax penalty due to the overpayment of income-based federal subsidies to purchase health insurance under the ACA. Corke claimed that "millions may have underestimated their tax snapshot and now have to pay":
The Washington Post blog The Fix is claiming that an upcoming Supreme Court decision that could eliminate health care subsidies for millions of Americans under the Affordable Care Act (ACA) "might not matter" because Republicans might restore the subsidies, a proposition that seems not to consider the fact that the GOP has long ignored these tax credits' popularity in their quest to bring the law down, subsidies and all.
In March, the Supreme Court will hear arguments in King v. Burwell, a right-wing challenge to the ACA. The challengers argue that, based on their strained reading of the subsidies provision of the law, which was designed to make health insurance affordable, the IRS does not have the authority to provide tax credits to Americans who purchased their insurance through the federal health care exchange website. Instead, they argue, only consumers who bought insurance through state-based exchanges are eligible for the subsidies -- a problem since Republican-controlled states refused to set up their own sites.
In a January 28 post, The Fix argued that it "might not matter" if the Supreme Court strikes down the subsidies, because a new poll from the Kaiser Family Foundation suggests that the majority of Americans would want the Republican-controlled Congress to restore the subsidies.
But it actually matters a lot -- leading Republicans have repeatedly and publicly sided with the right-wing challengers of the subsidies as a way to bring down the ACA. In September, a group of congressional Republicans filed a brief with the Supreme Court asking the justices to hear the case and to rule that the IRS doesn't have the authority to provide subsidies to Americans who bought insurance through the federal exchange. Republican members of Congress know full well that if they are successful, the ACA will collapse -- that's their self-admitted goal.
Earlier this month, Sen. John Cornyn (R-TX), who was one of legislators who filed the brief, told Roll Call that he expected the court to "render a body blow to Obamacare from which I don't think it will ever recover." In December, Sen. John Barrasso (R-WY) similarly argued that blocking the subsidies was "enough to bring down the health care law. ... We're going to continue to try one, repeal; two, strip out the worst parts of the law; and three, look to the courts." Senate Majority Leader Mitch McConnell similarly made it clear that Republicans are not interested in restoring anything about the ACA if the court "take[s] it down," but rather are looking for a "mulligan here, a major do-over of the whole thing." Even The Fix's post acknowledged that "just because restoring subsidies might be popular doesn't mean congressional Republicans would do it. The GOP base would certainly cry foul if they moved to do so."
Conservative media hyped the findings of a new Congressional Budget Office (CBO) report as a "bombshell" that shows the costs of the Affordable Care Act (ACA) will be much higher than expected. But according to the CBO's report, the ACA will cost 20 percent less over the next decade than its initial projections.
Despite dedicating numerous segments to comments made by MIT economist Jonathan Gruber about tax credits established under the Affordable Care Act (ACA) that appear to support a right-wing challenge to their legality, Fox News' programming on weeknights has ignored remarks made by Gov. Scott Walker (R-WI) that undermine the legal theory behind this upcoming Supreme Court case.
In March, the Supreme Court will hear oral arguments in King v. Burwell, the radical attempt to dismantle the ACA based on an extremely literal reading of the law. The challengers in King, and several other identical lawsuits, argue that the IRS is prohibited from providing essential subsidies to insurance consumers who live in states that refused to set up their own health care exchange websites, because the law says that subsidies are unavailable for those who purchased insurance through the default federal exchange. If this interpretation is correct, millions of Americans will be unable to afford their insurance premiums -- a result that seems at odds with a bill with the word "affordable" in its title.
Nevertheless, the legal arguments in King have been hyped regularly by Fox News and right-wing media, especially after a video of Gruber came to light in which he seemed to agree with the King challengers that subsidies were not available to consumers in states who used the federal exchange. According to a search of the Nexis database, Fox News' weeknight programming since November 1 has frequently mentioned Gruber in connection to the King case, airing 25 segments that mentioned Gruber's comments in conjunction with the ACA lawsuit. Many of those segments featured a Fox host, contributor, or guest suggesting that Gruber's remarks were so significant that they would influence the outcome in King. Most notably, host Bill O'Reilly repeatedly claimed that the justices would be swayed by Gruber, stating on his November 18 show, "Believe me, the Supreme Court is taking notes."
Meanwhile, those same shows have ignored a pair of videos that show Walker apparently undermining the legal theory behind King.
From the January 9 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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Conservative media personalities have long ignored the public's overwhelming support for wider access to birth control, instead pushing long debunked myths that birth control is cheap and easy to access, is only about preventing pregnancies, and can cause abortion.
Here are the facts behind right-wing media's three biggest myths about birth control:
Many of the same right-wing media myths about legal issues that dominated coverage in 2014 will continue to make headlines in the new year. Here are some of the worst that will make a comeback in 2015.
Rarer than being struck and killed by lightning and far less common than UFO sightings, 31 out of one billion votes cast since 2000 was the number of credible allegations of in-person voter fraud that law professor Justin Levitt found nationwide in a 2014 report. But in the face of these findings and a constant parade of similar evidence, this phantom menace nevertheless was the bogeyman that right-wing media incessantly invoked in 2014 to justify their increasingly hostile assault on voting rights.
From strict voter ID to voter purges to Jim Crow-era "literacy tests," right-wing media championed unnecessary and redundant voting restrictions that have a disproportionately disenfranchising effect on Democratic voters of color. Despite criticism from leading conservative figures and smackdowns from federal and state courts, nothing seemed to dissuade right-wing media from twisting the truth and deceiving their audience to support a so-called solution to a virtually non-existent problem.
With a fix to the damage the conservative justices caused to the Voting Rights Act of 1965 still blocked in Congress, the misinformation is likely to only get worse, as legal challenges to the new wave of Republican-sponsored voting restrictions race to the Supreme Court and the 2016 presidential election cycle kicks into gear.
Conservative media issued catastrophic predictions and myths about the Affordable Care Act (ACA) in 2014, despite ample evidence that the health care law is working. Media Matters looks back at six claims about Obamacare that didn't pan out for the right-wing media this year.
From the December 17 edition of Fox News' Your World With Neil Cavuto:
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After relentlessly promoting several right-wing legal challenges to the Affordable Care Act (ACA) for over a year, The Wall Street Journal seems to have just now realized that the cases' potential to deny affordable health care coverage to millions of Americans is a catastrophe for the GOP -- even as it continues to downplay the human costs.
On November 7, the Supreme Court announced it would hear King v. Burwell, a lawsuit challenging the legality of the tax subsidies that the IRS provides to consumers who purchase health insurance over the federal exchange. The plaintiffs in King argue that, because one section of the ACA states that subsidies are available to consumers who enrolled "through an Exchange established by the State," the federal government isn't allowed to offer credits to people who live in states that refused to set up their own insurance exchanges.
This extremely literal reading of the ACA ignores other parts of the law that indicate the exact opposite and the overall context of the bill as well as the legislative history of its passage, but conservative media have nevertheless been boosters for the challenge. The Journal has been particularly supportive of King and related cases, suggesting that it "ought to be a straightforward matter of statutory construction" to rule in favor of the challengers. The Journal has rarely, if ever, acknowledged the human cost that would come with a Supreme Court decision striking down the availability of tax subsidies -- but in a recent editorial, the Journal seems to have discovered the devastating cost of its anti-ACA advocacy, at least for Republicans:
The time to define a strategy is soon, as King v. Burwell will be heard in March with a ruling likely in June. As a matter of ordinary statutory construction, the Court should find that when the law limited subsidies to insurance exchanges established by states, that does not include the 36 states where the feds run exchanges.
But in that event one result would be an immediate refugee crisis. Of the 5.4 million consumers on federal exchanges, some 87% drew subsidies in 2014, according to a Rand Corporation analysis.
In the GOP debate about how to respond, one side would prefer to wait for the judicial rapture to arrive. ObamaCare has never been popular, they argue, and if the subsidy foundation of the law is undermined, the rest will collapse of its own weight. And because ObamaCare's mandates and taxes are conditioned on the subsidies, more people will be helped than harmed if they are withdrawn.
This group is right about ObamaCare in the abstract, but the Treasury must comply with court orders 25 days after they're issued and such an abrupt policy shift will be a mess. The 17% of U.S. GDP that is health care has spent five years reorganizing to accommodate ObamaCare's dictates, and the watch-it-burn caucus is underestimating the economic, political and media blowback.
The White House could have avoided the problem by obeying its own law and not passing out illegal subsidies, but the public may not notice the difference once the press corps discovers a cancer patient or two who can't afford her ObamaCare plan without taxpayer support. This threatens to replay the "if you like your doctor, you can keep your doctor" controversy in reverse, with Republicans accused of denying care to the sick.
From the December 16 edition of Premiere Radio Networks' The Sean Hannity Show:
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From the December 11 edition of KFTK's Allman in the Morning:
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