Fox News was quick to celebrate a federal appellate court's split decision striking down a crucial part of the Affordable Care Act (ACA), even though that ruling was almost immediately rebuked by the Fourth Circuit Court of Appeals, consistent with the decisions of two other federal courts and the widespread opinion of legal experts.
On July 22, the D.C. Circuit Court of Appeals issued its decision in Halbig v. Burwell, with the two Republican appointees on the three-judge panel holding that a provision of the ACA counterintuitively makes health insurance unaffordable for millions of Americans by prohibiting the IRS from providing tax credits to consumers who live in states that refused to set up health insurance exchanges. Those consumers must instead buy insurance from the federal exchange website, and many had relied on the tax credits to reduce the cost of insurance. The legal theory behind this lawsuit -- that the "Affordable Care Act" would somehow decline to provide affordable care to its intended beneficiaries -- has been hyped by right-wing media since the lawsuit was filed. National Review Online called the suit "ingenious," and Washington Post columnist George Will claimed that the IRS's clarification that tax credits are available in both state and federally-run health care exchanges was an example of the agency's "breezy indifference to legality."
Fox News immediately jumped on board with the two Republican judges' validation of this right-wing legal challenge, despite the dissent's warning that "this case is about Appellants' not-so-veiled attempt to gut" the ACA rather than sound statutory interpretation.
On the July 22 edition of Outnumbered, the panel accused the Obama administration of "ignoring the ruling of the D.C. Circuit" by announcing that it would unremarkably continue to provide the subsidies while the case was appealed, but still complained about the cost of premiums that will go up if subsidies are eliminated. Co-host Harris Faulkner complained that the ruling "reminds me of the infamous quote, 'if you like your doctor, you can keep it'" since consumers may not be able to obtain cost-saving tax subsidies in the wake of the Halbig decision. Neither Faulkner, nor any of her co-hosts, mentioned the right-wing origins of this suit -- or the fact that the express purpose of Halbig and other cases like it, was to "stop the Obama health care law" by making it too expensive for consumers to purchase without tax credits.
After an American Indian tribe canceled a Ted Nugent concert because of his history of using racist language, recently posted footage of Nugent shows what else they're missing out on: the use of anti-gay slurs to attack President Obama.
The Coeur d'Alene Tribe had initially hired Nugent, a National Rifle Association board member and spokesman for the Outdoor Channel, to perform on August 4 at its Idaho casino. The tribe had been unaware of Nugent's background of racially inflammatory commentary until being contacted by the Southern Poverty Law Center's Hatewatch project, and it canceled the concert hours later.
In video posted online, Nugent is seen during his July 6 concert at River Road Ice House in New Braunfels, Texas, calling Obama a "piece of shit," a "cocksucker," and a "motherfucker." (Nugent had previously promised to stop name-calling following controversy over his characterization of Obama as a "subhuman mongrel.")
During an onstage rant, Nugent claimed he is "the number one man that the president hates more than anybody in the whole world" and added, "I must be a fucking angel, because the devil don't like my ass."
NUGENT: The most important thing about tonight, the most important thing maybe in life, the most important thing certainly on planet earth, is that you are in the presence of the number one man that the president hates more than anybody in the whole world. That's right. I piss that piece of shit off every day, and I don't even try. I scare that cocksucker, you know what I mean? He don't like Uncle Ted because I celebrate freedom. That motherfucker don't like freedom. He don't like Texas. He don't like liberty, that piece of shit. He hates Uncle Ted. I'm proud. I'm proud. I must be an angel; I must be a fucking angel, because the devil don't like my ass.
Following reports of a .50 caliber sniper rifle attack on U.S. Border Patrol agents, Fox News hosts immediately recognized the threat the high-powered "battlefield weapon" poses to law enforcement. Criticism of the gun on Fox, however, stands in sharp contrast to the National Rifle Association's longstanding campaign to prevent the regulation of .50 caliber weapons, which are manufactured by one of its board members.
On July 20, FoxNews.com reported that U.S. Border Patrol agents working near the Rio Grande River came under fire from a .50 caliber weapon during the evening of July 18. According to the report, "Border Patrol sources said the rounds were clearly identifiable because .50- caliber weapons make a distinctive noise when fired." No agents were wounded in the attack.
In most of the United States the .50 caliber sniper rifle is regulated no more strenuously than a typical hunting rifle, thanks to efforts by the gun lobby. But Fox News personalities covering the border incident were quick to recognize the rifle's extremely dangerous capabilities and the threat it poses to law enforcement.
Fox News host Heather Nauert opened the July 20 edition of Fox & Friends Sunday by citing the .50 caliber rifle incident as evidence that "there is an all-out war on at our southern border." Throughout the show, Nauert's co-hosts repeatedly returned to the capabilities of the .50 caliber rifle. Fox's Jon Scott described the rifle as "a weapon of war," noted that, "The slugs a .50 caliber weapon fires are so big that body armor really won't do you much good," and called it a "battlefield weapon."
A new video commentary released by the NRA references the Holocaust and other instances of persecution to advance the baseless claim that "the government is collecting more and more gun registration data which could be used against gun owners in the form of full confiscation."
The July 18 commentary was published by NRA News and is part of the gun group's recent efforts to reach a younger, more diverse audience. In the video NRA News commentator Chris Cheng sets up his claim about government-sanctioned gun confiscation by citing recent reports of the persecution of Jewish people in Eastern Ukraine, as well as "what happened to our Jewish friends during World War II":
CHRIS CHENG: Masked men in Eastern Ukraine recently handed out fliers in front of a synagogue which told Jews to register with pro-Russian militants. I don't even need to go into detail about world history and what happened to our Jewish friends during World War II. So here's why government registration of a protected right is a bad thing.
National Rifle Association board member Ted Nugent demonized those in poverty, describing them as "stupid" and having "no one to blame but themselves," while attacking their access to "luxuries" such as "air-conditioning," "bling-bling," and "clean water."
Nugent, who is also a spokesperson for Outdoor Channel, wrote in a July 16 column for WND, "America's Whining 'Poor' -- And Other Conundrums," that "the squawking poor just keep on getting poorer, and as is always the case, they have no one to blame but themselves. Stupid is as stupid does."
He went on to complain that "America's so-called poor live a life far better than do real poor people around the world and have luxuries they can only dream of," citing access to clean water and other supposed "luxuries":
As the Democrats continue to get away with their crimes, the squawking poor just keep on getting poorer, and as is always the case, they have no one to blame but themselves. Stupid is as stupid does. Brainwashing only works if you give up your brain and your soul to the brainwashers.
Another mind-boggling conundrum is the fact that America's so-called poor live a life far better than do real poor people around the world and have luxuries they can only dream of.
With their cell phones, automobiles, microwave ovens, air-conditioning, new clothes, manicures and pedicures, bling-bling, clean water, more food than they can eat, pretty much redistributed everything handed to them, they still whine how America should be more like those other countries.
Washington Post columnist and Fox News contributor Charles Krauthammer attacked the Women's Health Protection Act (WHPA), a newly proposed law that would protect the constitutional right to obtain an abortion, by claiming the federal government has no business legislating reproductive health services -- despite the fact he had previously supported a federal law passed by Republicans that banned a rare late-term abortion procedure.
On July 15, the Senate Judiciary Committee held a hearing on WHPA, a proposed bill introduced by Sen. Richard Blumenthal (D-CT) that could help ensure access to reproductive health services for women by preventing states from passing uniquely and possibly unconstitutionally restrictive abortion legislation. Since 2010, state legislatures have aggressively proposed and enacted a wave of anti-abortion laws, known as TRAP laws, under the guise of protecting women's health. In reality, these laws impose significant burdens on abortion providers by unnecessarily requiring doctors to obtain admitting privileges at local hospitals as well as mandating clinics to comply with seemingly arbitrary "safety" rules and building code provisions. The Women's Health Protection Act would bring an end to these constitutionally-suspect laws by prohibiting states from passing anti-abortion legislation that is any more restrictive than laws that regulate comparable outpatient medical procedures.
Fox News was quick to attack the bill, with host Bill O'Reilly wondering if the senators who proposed it were "executioners." Kelly File host Megyn Kelly was also critical of the legislation, claiming that it would "open the door on late term abortions ... not just to save the mother's life, but to save the mother's health." Kelly went on to invoke the assassination of Kansas abortion provider Dr. George Tiller after suggesting that women had "abused" the health exception provisions of late-term abortion bans.
On the July 15 edition of Fox's Special Report with Bret Baier, Krauthammer argued that, even if the bill passes, "there is no way it would survive constitutional scrutiny because it is such a violation of federalism. This is not the federal government's purview. It belongs to the states."
From the July 15 edition of Fox News' The Kelly File:
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From the July 15 edition of Fox News' The O'Reilly Factor:
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From the July 15 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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The D.C. Circuit is expected to rule soon in Halbig v. Burwell, a lawsuit based on a fringe legal theory that could gut the Affordable Care Act (ACA) by eliminating federal exchange tax credits that significantly reduce the cost of private health insurance. Although this lawsuit has already been dismissed by legal experts and judges as meritless, right-wing media continue to misrepresent both the law and consequences surrounding Halbig.
The New Hampshire Union Leader rejected the factually accurate claim that the Supreme Court's Hobby Lobby decision would result in gender discrimination while pushing the myth that the forms of contraception discussed in the case were actually abortion-inducing drugs.
A new profile of Larry Pratt, the odious executive director of fringe group Gun Owners of America (GOA) documents Pratt's lengthy history of extremism while noting that he is still treated by media as an authority in the gun debate.
The Pratt profile, authored by The American Independent Institute (TAII) fellow Alexander Zaitchik, was published July 14 as part of a RollingStone.com package, "America's Gun Violence Epidemic." Other articles in the series include an interview with former New York City mayor and gun violence prevention advocate Michael Bloomberg, a message from Richard Martinez, whose son was murdered in the recent Isla Vista, California mass shooting, stories from gunshot wound survivors, and an interactive map on gun violence in America.
Interspersed with accounts of Pratt's association with anti-Semitic and white supremacist groups, his call for the quarantine of AIDS victims, his support for the death squads of a genocidal dictator, and his longstanding engagement with bizarre anti-government conspiracy theories, Zaitchik recounts how Pratt is regularly called on by mainstream media outlets to participate in the debate over gun laws.
Indeed, a Media Matters analysis of cable news and major newspapers finds that media regularly turns to Pratt despite his place in the far-right wing fringe. Since the December 2012 mass shooting at Sandy Hook Elementary School in Newtown, Connecticut, Pratt has appeared during evening and Sunday programming on CNN seven times and three times each on MSNBC and Fox News.
From the July 12 edition of SiriusXM's Media Matters Radio:
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Right-wing media labeled the Environmental Protection Agency's (EPA) plan to garnish the wages of polluters who have failed to pay their fines a "power grab," even though the agency is acting with authority granted to it by decades-old federal law that is already used by 30 other federal agencies.
On July 2, the EPA announced that it would implement a provision of the Debt Collection Improvement Act that would allow the agency to collect delinquent debts from polluters by garnishing their wages without first obtaining a court order. This law, which was approved by an overwhelming majority in both houses of Congress and signed into law in 1996, is applicable not just to the EPA but all federal agencies. According to the text of the law and Department of the Treasury guidelines, all federal agencies who collect delinquent debts can "collect money from a debtor's disposable pay by means of administrative wage garnishment to satisfy delinquent nontax debt" without going to the courts first.
Right-wing media outlets like The Washington Times were quick to accuse the EPA of "flexing its regulatory muscle under President Obama" to "unilaterally garnish the paychecks of those accused of violating its rules," because the EPA's proposed rule would no longer require the agency to "obtain a court judgment before garnishing non-Federal wages." The Times framed the announcement as an EPA "power grab," even though the report later pointed out that "every federal agency has the authority to conduct administrative wage garnishment." Fox News was similarly outraged over the EPA's announcement, with Townhall.com news editor Katie Pavlich appearing on The Kelly File to claim that "the EPA now is acting as judge, jury, and executioner" by attempting to adopt the wage garnishment rule.
But Fox's senior judicial analyst, Judge Andrew Napolitano, took it even further on the July 10 edition of Fox & Friends. Napolitano complained that the EPA did not have the authority to garnish wages without a court order because "Congress never authorized it. Congress couldn't authorize it. It blatantly violates the Constitution." Napolitano went on to claim that the EPA's proposed plan was "not legal" because the rule didn't protect debtors' "right to a hearing," and that it was "the president's people" who were behind the rule change:
Fox News suggested HGTV ran afoul of the First Amendment when it canceled an upcoming reality show following reports of the hosts' extreme anti-gay and Islamophobic activism.
HGTV cancelled its forthcoming reality show Flip It Forward following revelations that the hosts, Jason and David Benham, had an extensive history of anti-gay, anti-choice, and anti-Muslim activism. Examples of the brothers' reported hate speech include David Benham likening the fight against gay marriage to that against Nazi Germany, and participation in protests against "homosexuality and its agenda that is attacking the nation." Benham has publicly highlighted Leviticus' punishment of death for gay sex and protested in front of mosques shouting "Jesus Hates Muslims."
After rushing to defend the brothers by claiming they were being punished for their Christian views, Fox News is now suggesting HGTV's decision to cancel the show violated the Benhams' First Amendment right to free speech.
On July 10, Fox News host Steve Doocy interviewed Jason and David Benham while an on-screen graphic declared they had been "fired for faith." Doocy argued, "You were fired for having an opinion. I mean, there's this thing called the First Amendment where people are entitled to their opinion and their Christian beliefs as well."
But the First Amendment does not protect individuals from being fired by private employers, as it does not limit the actions that private employers may take based on employees' speech. The First Amendment Center explained:
The First Amendment does not limit private employers. The Bill of Rights -- and the First Amendment -- limit only government actors, not private actors. This means that private employers can restrict employee speech in the workplace without running afoul of the First Amendment.
HGTV did not violate the First Amendment rights of the Benhams by dropping their show. As Columbia Law's Suzanne Goldberg pointed out in an interview with CNN, it was most likely a decision to protect the business' brand following widespread outcry against the Benhams' comments. Even David Benham told CNN that he does not hold a grudge against the network, telling Erin Burnett, "It was too much for them to bear and they had to make a business decision."