Right-wing media mischaracterized a recent Supreme Court case as evidence of executive overreach on the part of the Environmental Protection Agency (EPA), even though the challenged agency action was one where the EPA specifically declined to act as aggressively as the law allowed.
On February 24, the Supreme Court heard oral arguments in Utility Air Regulatory Group v. EPA, a case that could hinder the EPA's ability to regulate harmful greenhouse gases if polluting industry interests have their way. Right-wing media outlets like Fox News and The Wall Street Journal were quick to portray the case as an overextension of the EPA's regulatory authority. The WSJ editorial board -- whose disdain for clean air is well-documented -- accused the agency in a recent editorial of "crowbarring carbon into what it admits is an unworkable regulatory framework."
More recently, in a February 24 segment on Fox's Special Report with Bret Baier, legal reporter Shannon Bream framed the legal issue as "whether the agency had the right to literally rewrite" the Clean Air Act:
From the February 24 edition of Fox News Radio's Tom Sullivan Radio Show:
Loading the player reg...
After months of championing anti-gay business owners who refuse service to gay customers because of their religious beliefs, Fox News condemned a proposed Arizona law that would protect businesses that discriminate against gay customers, comparing the measure to "Jim Crow laws."
During the February 25 edition of America's Newsroom, host Martha MacCallum invited Fox News contributor Juan Williams and The Five co-host Andrea Tantaros to discuss Arizona's controversial new anti-gay segregation law, SB 1062 which would protect businesses that refuse to serve gay customers on religious grounds. The measure, which awaits Gov. Jan Brewer's signature, has been condemned by a growing number of conservatives and business owners, including three Republicans senators who regret voting for the bill.
MacCallum, Williams, and Tantaros all condemned the measure, with MacCallum and Tantaros both drawing comparisons between the bill and racist "Jim Crow laws":
TANTAROS: What has happened, Martha, is this has spiraled totally out of control. And so, while the First Amendment is a really strong argument, I don't know why you would want to bring Jim Crow laws back to the forefront for homosexuals.
MACCALLUM: I mean, that's exactly what it sounds like.
TANTAROS: If you're a business owner, I don't know why you'd want to turn business away. And if you're gay, let's say, why would you want the baker of hate baking your cake anyway? Unfortunately, it has taken a really crazy turn and gotten way out of hand. And as Juan mentioned, a number of Republicans, three of them who voted to pass this said that they would change their mind.
MACCALLUM: It sounds like the lunch counter, Juan.
From the February 24 edition of MSNBC's PoliticsNation:
Loading the player reg...
National Rifle Association board member Ted Nugent suggested that the Obama administration is causing a "power struggle between the different races," in a similar manner to the events that preceded the Holocaust.
Nugent, who also represents the Outdoor Channel as a spokesperson, made his latest inflammatory remark while appearing on comedian Dennis Miller's radio show to discuss fallout from his widely condemned recent claim that President Obama is a "subhuman mongrel." After Miller objected to Nugent's frequent comparison of his political opponents to Nazis, Nugent responded by comparing the Obama administration to Nazi Germany:
On March 5, the Supreme Court will hear oral arguments in Halliburton v. Erica P. John Fund, a class action brought on behalf of investors allegedly defrauded by false disclosures of the Texas oil giant. Halliburton has fought to deny a trial on the merits for over a decade, and is now asking the conservative justices to overturn decades of precedent that allows shareholder lawsuits under the rebuttable presumption that this type of misinformation is a "fraud on the market."
National Rifle Association board member Ted Nugent has offered a disingenuous and tepid apology after being condemned across partisan lines for his description of President Obama as a "subhuman mongrel." The apology only came after Nugent attacked his critics on Twitter and elsewhere, at one point comparing CNN to a top Nazi propagandist.
But while Nugent has taken some measure of responsibility for his "subhuman mongrel" remark, the comment is just a drop in the bucket compared to his long history of racism, sexism, homophobia, Islamophobia, animus towards immigrants, and propensity to use violence-tinged language.
Nugent's racist characterization of the president received widespread attention and created problems for the campaign of Republican Texas gubernatorial candidate Greg Abbott after Abbott tapped Nugent to participate in campaign events.
Appearing on The Ben Ferguson Show, Nugent apologized, though "not necessarily to the president" for his "subhuman mongrel" comment, then attacked the president as a lying, law-breaking racist who engages in Nazi tactics.
CNN anchors grilled an Arizona anti-gay activist who refused to answer whether a measure passed by the state legislature would allow businesses to discriminate against gay customers. In reality, the bill would allow businesses and individuals to refuse to serve gay customers without fear of punishment or a lawsuit.
During the February 21 edition of CNN's This Hour, co-anchors John Berman and Michaela Pereira asked Cathi Herrod - president of the conservative Center for Arizona Policy Action - to explain a measure in Arizona that would protect businesses and individuals who discriminate against gay customers on religious grounds. The bill, SB 1062, which awaits Gov. Jan Brewer's signature, mirrors "anti-gay segregation" bills being considered in states like South Dakota and Idaho.
Near the end of the segment, CNN's Berman asked Herrod, whose group actively supports passage of the measure, whether the bill would allow a restaurant to ban a gay couple. Herrod repeatedly dodged the question, visibly frustrating CNN's anchors:
The bill allows any business, church or person to cite the law as a defense in any action brought by the government or individual claiming discrimination. It also allows the business or person to seek an injunction once they show their actions are based on a sincere religious belief and the claim places a burden on the exercise of their religion.
Opponents raised scenarios in which gay people in Arizona could be denied service at a restaurant or refused medical treatment if a business owner thought homosexuality was not in accordance with his religion. One lawmaker held up a sign that read "NO GAYS ALLOWED" in arguing what could happen if the law took effect, drawing a rebuke for violating rules that bar signs on the House floor.
Texas Governor Rick Perry, Texas Senator Ted Cruz, Arizona Senator John McCain, Kentucky Senator Rand Paul and former Speaker of the House and current CNN host Newt Gingrich have all condemned National Rifle Association board member Ted Nugent for describing President Obama as a "subhuman mongrel." Nugent has reportedly offered a half-hearted apology for his remark.
Nugent's racist slur of Obama came while he was representing the Outdoor Channel at a January gun industry trade show. In an interview with Guns.com, Nugent also called Obama a "gangster" and suggested that he should face the "just due punishment" for treason. This week, a maelstrom of controversy erupted around Republican Texas gubernatorial candidate Greg Abbott's decision to campaign with the inflammatory Nugent.
Abbott has quietly distanced himself from Nugent -- he will no longer appear at campaign events -- but has not publicly condemned Nugent's "subhuman mongrel" comment. A number of prominent conservatives, however, have offered varying levels of condemnation for Nugent's remark:
From the February 20 edition of CNN's The Situation Room:
Loading the player reg...
A Storm Lake, Iowa, police sting operation that resulted in the arrest of a felon attempting to buy guns through Facebook demonstrates the latest evolution of a dangerous and unregulated "private sales" gun market in the United States.
In February 1994, the Brady Law went into effect, requiring licensed firearms dealers to perform background checks on customers to keep guns out of the hands of felons and other dangerous individuals. This meant that gun shows -- which attracted unlicensed "private sellers" -- became the ubiquitous public unregulated gun marketplace in the United States. But over the past 20 years private sellers and buyers expanded the unregulated marketplace first through the classified sections of print newspapers before sales went online. Internet sales have since spread from gun-themed marketplaces to popular websites like Reddit, Facebook, and Instagram.
As the unregulated marketplace has expanded, so have the efforts of gun violence prevention advocates to pressure sales venues to enact responsible rules for gun sales. A recently launched campaign by Moms Demand Action for Gun Sense in America has already resulted in more than 55,000 letters asking Facebook to stop facilitating firearms sales. The campaign has been aided by a video explaining how Facebook is used to sell guns that riffs on Facebook's 10th anniversary "look back" feature:
The vast unregulated gun market is a result of the federal law governing firearms sales.
Republican Texas gubernatorial candidate Greg Abbott will reportedly no longer campaign with inflammatory National Rifle Association board member Ted Nugent, whose presence on the campaign trail caused a firestorm of controversy due to Nugent's recent description of President Obama as a "subhuman mongrel."
Nugent, however, is also involved in the campaigns of other Republican office seekers in Texas, Colorado, and Georgia. Last year, Nugent also claimed a close working relationship with prominent members of the GOP, including Texas Sen. Ted Cruz and Wisconsin Gov. Scott Walker. At the time, Walker said he did not work with Nugent, and Cruz appeared on CNN's New Day on February 20 to deny he "hang[s] out" with Nugent.
Here are three instances of Nugent campaigning for Republicans and two instances where Nugent's claims about close relationships with prominent GOP figures have been called into question:
In a December 2013 e-mail addressed to "real Americans," Nugent fundraised for Colorado gubernatorial hopeful Tom Tancredo, a former U.S. Representative best known for his hardline immigration stance. In the fundraising pitch, Nugent wrote that, "like you, I'm terrified by where Barack Obama and his radical America hating leftist goons are leading this great country." Nugent praised "hero for liberty" Tancredo's opposition to "amnesty for illegal immigrants," and warned that the Obama administration and democratic governors "are determined to shred our constitution and take away our guns." "The way I see it is anybody that wants to disarm me can drop dead," added Nugent.
While much of the controversy surrounding Abbott's decision to campaign with Nugent has related to the rocker's "subhuman mongrel" comment and offensive remarks about women, Texas media has also raised Nugent's inflammatory commentary on immigration. The San Antonio Express noted that Nugent has called for undocumented immigrants to be treated like "indentured servants." Indeed, Nugent did make that claim in May 2013 when he debuted the "Nuge Immigration Plan," which would require undocumented male immigrants to build a fence on the United States-Mexico border. The Houston Chronicle reported on a 2008 appearance on Fox News where Nugent said of undocumented immigrants attempting to cross the border, "I'd like to shoot them dead."
Even though President Obama has signed fewer executive orders than many of his predecessors from both political parties, Fox News has dedicated a significant amount of air time to suddenly questioning long-established presidential powers.
On February 18, Fox legal analyst Shannon Bream dedicated an entire segment to Obama's supposed lawlessness in his rollout of the Affordable Care Act (ACA) on Special Report with Bret Baier, highlighting the "Stop This Overreaching Presidency" or "STOP" resolution, an effort by congressional Republicans to "institute legal action to require the President to comply with the law." Experts more familiar with federal litigation and the U.S. Constitution have noted, however, that these sorts of lawsuits can only be filed in real cases or controversies where a plaintiff has actually suffered a legally cognizable harm. As explained by the Legal Information Institute of the Cornell University Law School:
Legal actions cannot be brought simply on the ground that an individual or group is displeased with a government action or law. Federal courts only have constitutional authority to resolve actual disputes (see Case or Controversy). Only those with enough direct stake in an action or law have "standing" to challenge it. A decision that a party does not have sufficient stake to sue will commonly be put in terms of the party's lacking "standing".
Fox News contributor Dennis Kucinich was included in the segment and floated "impeachment" as an alternative.
It might be difficult to find "an individual or business owner who could point to concrete damage he has or will suffer because of the president's unilateral changes to the health care law," as Bream suggests, because the changes to the law have served to ease implementation of the ACA. Those in search of the requisite legal standing to challenge the extension of deadlines run into the problem that this phased-in enforcement of the law is to benefit companies and consumers, not to "damage" them. Conservative Senator (and former Supreme Court clerk) Mike Lee explained this to The Weekly Standard: "It's not immediately apparent to me who it is that would have standing to show that they would be injured by this ... The people directly affected by the employer mandate are employers. But I would imagine that the administration would argue, if sued on this by an employer ... 'You can't show you've been injured by this. We're letting you off the hook.'"
National Rifle Association President Jim Porter wrote that "the big gorilla in the room is Obama's lawless approach to governing" in a Daily Caller op-ed. Porter also claimed that a "corruption of power" by President Obama could mean "the wondrous stability of our nation could end."
Claiming that "gun owners have become victims of Obama's abuse of power," Porter wrote in his February 19 op-ed that "[i]n contravention of absolute congressional spending bans, Obama has ordered the Centers for Disease Control, in effect, to create a massive gun-ban propaganda and lobbying agenda to treat gun ownership as a public health menace."
But the Obama administration has not ordered the CDC "to create a massive gun-ban propaganda and lobbying agenda." In reality, the Obama administration's January 2013 presidential memorandum asked the CDC to "[c]onduct or sponsor research on the causes and prevention of gun violence and the ways to prevent it." The Obama administration has noted that the CDC cannot, under federal law, "advocate or promote gun control," but that "research on gun violence is not advocacy; it is critical public health research that gives all Americans information they need."
The Obama administration action was a reaction to lobbying by the NRA that seeks to prevent the CDC from conducting research on gun violence. The Obama administration subsequently issued an executive action that asked Congress to appropriate $10 million to fund further CDC research into gun violence. As the Obama administration suggested, gun violence is a major public health concern that is described by the American Medical Association as an "epidemic."
CNN and MSNBC devoted significant coverage to controversy surrounding Republican Texas gubernatorial hopeful Greg Abbott's decision to campaign with the inflammatory Ted Nugent, while Fox News ignored the controversy entirely. Nugent, who is a conservative columnist and National Rifle Association board member, appeared on Fox News' The O'Reilly Factor for a softball interview earlier this month.
Controversy erupted over Abbott's decision to hold two campaign events with Nugent in Texas after critics pointed out Nugent recently called President Obama a "subhuman mongrel" and that the rocker has a history of vile attacks on women. CNN devoted 37 minutes and 24 seconds to the controversy, while MSNBC covered it for 13 minutes and 48 seconds. The controversy was never mentioned on Fox News: