National Review Online attacked "contemporary progressivism" because it is "led by radical lawyers," a dubious proposition that ignores the fact that the right-wing legal movement is currently attempting to overturn decades of Supreme Court precedent.
Without any acknowledgment of the recent wave of conservative challenges to long-standing law that underpins the successes of the New Deal and the civil rights movement, NRO condemned progressives for approaching the legal profession "as a kind of revolutionary instrument." From NRO:
Perhaps the most alarming fact about contemporary progressivism is that it is a movement led by radical lawyers. The use of the law to undermine our constitutional tradition is in effect the use of the law to undermine itself. But worse than that, it is the use of the legal profession as a kind of revolutionary instrument. That is a particular problem because the legal profession has always had a special role in the Anglo-American common law tradition as precisely an anti-revolutionary instrument--a repository of cautionary precedent and prudent mulishness. "The English or the American lawyer inquires into what has been done, the French lawyer into what one ought to wish to do," Alexis de Tocqueville wrote in 1835.
As the more nuanced essay that NRO relied on noted, organizations like the NAACP did in fact have to challenge racist precedent in order to overthrow Jim Crow, a form of "radical lawyer[ing]" that has inspired practitioners since.
What the NRO failed to acknowledge, however, is that if challenging "what has been done" is "undermin[ing] our constitutional tradition," it is contemporary conservatism that is currently taking its turn, with its relentless assault on modern constitutional law.
Spurred on by right-wing media, the conservative legal movement has steadily increased its challenges to established precedent on topics ranging from the ability of the federal government to regulate the economy, the protection of the right to vote from racial discrimination, the ability for workers to effectively advocate, access to justice for plaintiffs other than well-funded corporations, prohibitions on the corruptive influence of money on elections, the ability of the country to offer equal opportunity in education for all, and the president's centuries-old power to appoint officials during recesses, just to name a few.
And then, of course, there is abortion.
In a column on National Review Online's (NRO) The Corner, Fox News contributor and NRO columnist John Fund and Heritage Foundation senior legal fellow Hans von Spakovsky laid out what they considered "The Latest Evidence Of Voter Fraud." The evidence they offered, however, amounted to one county in Mississippi that was recently ordered to remove ineligible voters from its registration rolls, and a report released by the conservative Voter Integrity Project showing a statistically insignificant number of alleged voter fraud cases, neither of which showed any conclusive evidence or prosecution of voter fraud.
In a September 9 column, Fund and von Spakovsky wrote, "Obama-administration officials and their liberal camp-followers who routinely claim there is no reason to worry about election integrity because vote fraud is nonexistent suffered some embarrassing setbacks last week."
The first piece of evidence they offered was a lawsuit brought by the American Civil Rights Union (ACRU) -- a far right legal advocacy group whose senior fellow and policy expert once accused the NAACP's president of "treason" for denouncing voter ID laws, and who said it was racist to oppose those same laws -- against Walthall County, Mississippi in which the county was instructed to purge its voter rolls of felons, the deceased, and duplicate registrations. Fund and von Spakovsky made no claims of actual voter fraud in regards to that case, however, writing only that:
This is the first time in the 20 years that the NVRA has been in force that a conservative group has sued to enforce Section 8, while liberal advocacy groups have filed many cases to try to stop election officials from cleaning up their registration lists, a practice which they foolishly label "voter suppression."
An inflated voter registration roll by itself is not evidence of voter fraud, which the Brennan Center for Justice defined as "when individuals cast ballots despite knowing that they are ineligible to vote, in an attempt to defraud the election system." Instead, voter roll purges have repeatedly been used as a tool to disenfranchise minorities and students -- traditionally Democratic voting blocs.
The second piece of evidence Fund and von Spakovsky presented was a report released by the Voter Integrity Project of North Carolina (VIP-NC), a group with a history of false claims regarding voter fraud. VIP-NC released a report they obtained from the North Carolina Board of Elections which shows 475 cases in which the state had a "reasonable suspicion" that voter fraud occurred. Those cases were turned over to the appropriate district attorneys and Fund, von Spakovsky, and VIP-NC acknowledged that prosecutors chose not to bring charges in those cases. However, Fund and von Spakovsky attributed the lack of convictions to political fear, writing, "As VIP also points out, the report raises the important question of why local district attorneys in North Carolina have been 'so negligent in prosecuting' these referrals."
Fund and von Spakovsky used the VIP-NC report to advocate for strict voter ID laws and portrayed North Carolina as a hotbed of voter fraud (emphasis added):
The report shows that there were 475 cases of election fraud that the Board "believed merited a referral" to prosecutors between 2008 and 2012. The fraud included double voting, impersonation and registration fraud, and illegal voting by noncitizens and felons. Not all of this fraud would have been stopped by voter ID, but there are certainly people willing to engage in fraud and we need to take a comprehensive approach to protect the security of the voting and election process.
In fact, the strict voter ID laws they advocate might have prevented only one of the 475 alleged voter fraud cases referenced -- the single allegation of voter impersonation. According to the report, the majority of the 475 cases occurred during the 2008 general election, when over four million people voted. Yet conservatives in the state have used similar claims of voter fraud to pass what former Secretary of State Hillary Clinton called a "greatest hits of voter suppression."
According to Mother Jones, North Carolina's law "prohibits same-day registration, ends pre-registration for 16- and 17-year-olds, eliminates one week of early voting, prevents counties from extending voting hours due to long lines (often caused by cuts in early voting) or other extraordinary circumstances, scratches college ID cards and other forms of identification from the very short list of acceptable state-issued photo IDs, and outlaws certain types of voter registration drives." From Mother Jones:
The bill's new provisions make it so that, with very few exceptions, a voter needs a valid in-state DMV-issued driver's license or non-driver's ID card, a US Military ID card, a veteran's ID card or a US passport. According to an April 2013 analysis (pdf) of state Board of Elections data by Democracy North Carolina, 34 percent of the state's registered black voters, the overwhelming majority of whom vote Democrat, do not have state-issued photo ID. The same study found that 55 percent of North Carolina Democrats don't have state-issued photo ID. Only 21 percent of Republicans have the same problem.
Instead of protecting elections from fraudulent voting, strict voter ID laws are instead being used to disenfranchise minorities and low-income individuals in an effort to help Republicans win elections.
Fund and von Spakovsky both have a history of spreading misinformation about voter fraud, culminating in a book they co-authored that is rife with falsehoods. NRO's continued advocacy of strict voter ID laws is not surprising given its sordid history regarding civil rights.
A Wall Street Journal editorial is mischaracterizing the Department of Justice's attempts to bring Louisiana into compliance with long-standing school desegregation orders as motivated by pro-union biases.
The editorial follows a long line of conservative media attacks against the DOJ's decision to file a lawsuit against Louisiana, asking a federal court to block the state's controversial voucher program. Despite the fact that Republican Louisiana Gov. Bobby Jindal began issuing vouchers before seeking the required judicial approval, he insists that the DOJ's suit is nothing more than a scheme to advance the interests of teachers unions, a baseless charge the WSJ editorial board continues to repeat.
After accusing Education Secretary Arne Duncan of "plead[ing] ignorance" for refusing to comment on the DOJ lawsuit (neither Duncan nor the Department of Education are parties to the suit), in a September 6 editorial the WSJ went on to suggest that the "real motive" for the suit is a pro-teachers union agenda on the part of the DOJ:
[Jindal] got to the heart of the matter by noting that the real motive for this lawsuit is union politics. The teachers unions have been trying to block the voucher plan by any means possible, but so far they've failed. Bringing in the feds for a desegregation gambit is merely the latest attempt.
Jindal maintains that vouchers represent the next stage of the civil rights struggle by offering minority students at failing schools a "choice," but the DOJ argues that vouchers actually "impeded the desegregation process." More importantly, right-wing media have largely ignored the existence of numerous long-standing court orders that require Louisiana to obtain permission from a federal judge before making any changes to the education system that might negatively impact desegregation efforts.
Instead, right-wing media are accusing the Obama administration of "inhumane" treatment of students of color and comparing Attorney General Eric Holder to infamous former Alabama Gov. George Wallace who sought to illegally maintain segregation in schools. For its part, the WSJ claims that "studies" show that "voucher recipients increase integration by letting minority children escape geographic school boundaries."
From the September 9 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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A new study from The New Republic determined that the Drudge Report's use of race-baiting headlines has soared in the last five years, a fact that lends context to the recent flood of conservative media amplifying random, interracial crimes and baselessly assigning them a racial motive.
Matt Drudge's conservative website Drudge Report is infamous for its obsessive coverage of alleged black-on-white crime and race-baiting headlines. But it's only getting worse, according to a new analysis by The New Republic. The magazine analyzed Drudge's use of race-related terms in headlines after 2008 -- the year President Obama established himself as a national figure with his first presidential campaign -- with Drudge headlines before 2008, and the results are striking. According to the analysis, since 2008, Drudge headlines:
Notably, the analysis highlighted that Drudge often altered headlines to inject a racial component when the original source contained none. This method of race-baiting has spilled over into the broader media. Recently, conservative outlets have seized upon local crime stories and baselessly assigned them racial motives when no such evidence existed. This spate of reckless race-baiting has been repeatedly accompanied by inapt comparisons to the killing of Trayvon Martin, an attempt to highlight a supposed double standard among civil rights leaders and media figures.
When a video of three teenage students beating up another student on a Florida school bus surfaced in early August, local media reported that the attack was in retaliation for the victim notifying school officials that the three teens tried to sell him drugs. But because the perpetrators happened to be black and the victim white, conservative media broke into a chorus of race-baiting, complaining that civil rights leaders hadn't spoken about the assault. Fox News bragged about its insertion of race into the crime, highlighting that it was the only network to bring race "to the forefront" on the story.
When three teens -- two black, one white -- allegedly shot and killed an Australian college student last month because they were "bored," law enforcement officials emphasized there was no evidence "to indicate that the killing of Christopher Lane was related to either his race or to his nationality."
Undeterred by facts, right-wing media again repeatedly manufactured a racial motive. Fox argued that the murder was "likely motivated by race" and even criticized other media outlets for "ignoring the race issue" in the crime. Drudge featured photographs of the two black suspects, neglecting to include the photo of their alleged white accomplice.
A National Review Online editorial compared Attorney General Eric Holder to a notorious Jim Crow official for blocking a Louisiana school voucher program and accused the Obama administration of dehumanizing children of color, failing to mention the Department of Justice is acting pursuant to long-standing desegregation orders.
Continuing a right-wing media campaign against the DOJ's current attempts to ensure Louisiana remains in compliance with valid court orders still in effect to prevent the re-segregation of its public schools, the NRO followed the lead of Fox News and completely ignored the law in order to champion a Republican school voucher plan.
The NRO also accused the Obama administration of "inhumane" treatment of public school students of color, comparing the attorney general to George Wallace, the infamous Alabama governor who attempted to illegally maintain school segregation.
Finally, the editorial assumed its readership was unaware of Nixon's "Southern Strategy" and the well-known switch on race relations between the two parties because of federal civil rights law, ahistorically concluding "[w]ould that [Wallace's] fellow Democrats should have a similar change of heart and give up their half-century stand in the schoolhouse door." For a publication with an ugly and well-documented history of past and present racism, such smears are wildly audacious.
From the September 4 editorial:
It was 50 years ago this June that George Wallace, the Democratic governor of Alabama, made his infamous "stand in the schoolhouse door" to prevent two black students from enrolling at an all-white school. His slogan was "Segregation now, segregation tomorrow, segregation forever!"
These many years later, Democrats still are standing in the schoolhouse door to prevent black students from enjoying the educational benefits available to their white peers, this time in Louisiana instead of Alabama. Playing the Wallace role this time is Eric Holder, whose Justice Department is petitioning a U.S. district court to abolish a Louisiana school-choice program that helps students, most of them black, to exit failing government schools.
The Obama administration is a serial offender on this issue, and its cynicism is startling.
Setting aside the naked political cronyism that is in fact at the heart of this dispute, consider the DOJ's case on its merits: The government is arguing that the choices of actual black students and their families must be constrained in the service of preserving certain statistical measures of how black certain schools are. Put another way, this case really turns on the question: Are black children human beings?
Continuing right-wing media attacks on the Department of Justice's attempts to protect school integration in Louisiana, Fox News host Bill O'Reilly completely ignored the multiple federal court orders blocking a school voucher plan that may cause re-segregation.
Recently, right-wing media have been ignoring their proclaimed fidelity to the rule of law and the U.S. Constitution by dismissing violations of civil rights law, supposedly out of sympathy for other persons of color unaffected by the racial discrimination in question.
The most prominent example of this paradoxical stance has been right-wing media's strenuous defense of the New York Police Department's (NYPD) stop and frisk policy on behalf of crime victims of color, despite the fact that federal courts have found it unconstitutionally discriminates against millions on the basis of race. This selective disregard for legal requirements when discussing significant civil rights holdings reemerged this week, with the announcement that the Department of Justice agrees with a recent federal court decision that found the school voucher program in Louisiana was not in compliance with a decades-old court order.
On August 27, the editorial board of The Wall Street Journal responded by attacking the Department of Justice's attempt to bring Louisiana back into compliance with multiple desegregation orders potentially violated by the voucher plan, and accused Attorney General Eric Holder of betraying the principles of Martin Luther King Jr. According to the WSJ, "[a] black Attorney General ought to be applauding this attempt to fulfill MLK's dream of equal educational opportunity. His lawsuit turns racial justice on its head."
Fox News has followed this lead by offering ill-informed explanations of the Department of Justice's actions and Louisiana's integration requirements. On the August 29 edition of The O'Reilly Factor, O'Reilly didn't even bother to mention the current court orders or the fact that Louisiana could easily seek authorization from the relevant federal courts for its voucher plan, instead accusing Holder and President Barack Obama of "siding with the left."
National Review editor Rich Lowry declared that the civil rights dream of the 1960s has been "won," and thus assertions of ongoing discrimination are "imagined slights and manufactured controversies," a claim that dismisses the current reality of economic inequality and voting rights struggles.
August 28 marked the 50th anniversary of Dr. Martin Luther King, Jr.'s March on Washington, an event dedicated to calling for civil and economic rights for African-Americans. It was there in 1963 that Dr. King delivered his famous "I Have A Dream" speech, and the events helped bring about enactment of the 1964 Civil Rights Act and 1965 Voting Rights Act. For the anniversary celebration, tens of thousands gathered at the Lincoln Memorial to hear President Obama and Rep. John Lewis (D-GA) - a speaker at the 1963 march - give remarks.
In a Politico op-ed the next day, National Review editor Rich Lowry used the anniversary celebration as a vehicle to criticize today's civil rights movement as "an intellectually exhausted disgrace" with leaders who are a "degeneration" to the original effort. This is because, according to Lowry, Dr. King's dream "was a glorious triumph" and the fight for equal rights "is won," while today's movement "subsists largely on imagined slights and manufactured controversies unrelated to the welfare of real people."
As evidence of these "manufactured controversies," Lowry mocked the notion that recent voter ID laws are discriminatory and declared: "What the contemporary civil rights establishment can't bring itself to acknowledge is that cultural breakdown has more to do with the struggles of blacks than any officially sanctioned discrimination." He also ignored the continuing problem of economic inequality between whites and African-Americans.
Lowry's dismissal of the discriminatory nature of voter ID laws is illustrative of falsehoods he's pushed in the past. At least 11 percent of American citizens do not possess a government issued photo ID, and the percentage of African-Americans without a photo ID is even higher - one study estimated the number at 25 percent. Even if a state purports to issue an ID for "free," there are costs associated with obtaining one that amount to a poll tax. As the Brennan Center for Justice determined, voter ID laws "create more burdens for minority citizens."
Laura Ingraham defended her use of a "blow up" sound effect on her radio show to cut off audio clips, claiming it was "fun" and "teasing," after receiving heavy criticism for using the sound effect to silence a recording of civil rights leader Rep. John Lewis' speech at the 50th anniversary of the March on Washington.
On her August 26 radio broadcast, Ingraham used an effect that sounded like gunshot to cut off a recording of the speech given by civil rights leader Rep. John Lewis (D-GA) at the 50th anniversary of Martin Luther King, Jr.'s "I Have A Dream" speech. Lewis' skull was infamously fractured by a state trooper on "Bloody Sunday" in Selma, AL, in 1965, and many civil rights activists -- including Martin Luther King, Jr. -- were literally silenced by assassins' bullets during the civil rights movement of the 1960s and '70s.
Ingraham came under heavy criticism for using this sound effect to cut off Lewis, with Salon's Joan Walsh describing the move as "unusually vicious" and MSNBC's Steve Benen writing that it "was one of the more offensive things I've heard in a while."
In response, Ingraham claimed the sound was not of a gunshot but instead a "blow up effect," and claimed criticism of her using the sound effect on Lewis was an attempt "to crush free speech":
My producers and I have used this blow up effect to interrupt windbags for 10 years of political and cultural persuasions. The cannon or "blow up" sound is meant to convey the gaseous thoughts of a speaker combusting, but of course the bilious Joan Walsh of Salon.com knows that. (My producers have even blown me up when we play long clips from TV appearances!)
This is absurd and venomous and the predictably pathetic work of people who mean to crush free speech as they advance a failing, progressive agenda. If Joan Walsh or other left-wing loons give voice to their moronic, dishonest analysis, they might self-combust on my show, too. Boom.
On her August 29 radio show, Ingraham appeared to double-down on these remarks, claiming that the "modern-day left" was shutting down debate by accusing conservatives of racism and fixating on "being politically correct." She went on to argue that Americans should have a respectful debate but still be able to "tease each other" and "have some fun."
As an example, she claimed that she occasionally gets "blown up on the show because I go on too long" and asked her producers to "please blow me up" when they played long clips of her:
See, I have this crazy idea that we should actually continue conversations. That the people should be able to debate, have a vigorous discourse, respectful, doesn't mean you can't tease each other. We've got to have some fun. Right? We can't be so politically correct that we can't tease one another. My staff teases me! Mike, you can't blow me up though, right? Well, sometimes I get blown up on the show because I go on too long. Especially if we play long clips from me on O'Reilly, please blow me up. But you have to be able to have a conversation without living in fear that the other side is going to call you a racist. But this is what the modern-day left does. They don't want a conversation. They want to dominate.
Ingraham concluded by accusing Democrats of "conflating the issues of race and the issues of civil rights." At the time Ingraham employed the sound effect against Rep. Lewis on August 26, his speech had been playing for less than fourteen seconds.
Fox News personalities criticized speeches given by civil rights leaders at the 50th anniversary of the March on Washington, attacking the speakers for not addressing issues they deemed more important and complaining about "grievance-mongering."
From the August 28 edition of MSNBC's The Ed Show:
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From wildly offensive treatment of civil rights history to routine mendacity on voter ID, Fox chose to mark the 50th Anniversary of the March on Washington by smearing the ongoing struggle for voting rights.
Over the past week leading up to President Barack Obama's commemoration of the anniversary on August 28, Fox News has been at the forefront of right-wing media attempts to discredit links between the progressive community and the civil rights legacy of the March on Washington. Voting rights, in particular, have attracted a significant amount of misinformation and ignorance, some of it quite shocking.
On June 12, 1963, Medgar Evers, a Battle of Normandy veteran and the NAACP's first field secretary for the state of Mississippi, was assassinated in his driveway. Shot in the back, his murder was the culmination of an extensive white supremacist terror campaign against the voting rights and desegregation advocacy of the NAACP, a cause that President John F. Kennedy championed the very night of Evers' death as both a moral and constitutional issue to ensure "American citizens of any color [can] register and  vote in a free election without interference or fear of reprisal."
Evers' widow, Myrlie Evers-Williams, was invited to speak at the original March on Washington that took place two months later, an invitation that she was finally able to accept this past weekend at the 50th anniversary events. She warned about ongoing "efforts to turn back the clock" on the civil rights movement.
Congressman John Lewis, another veteran of the voting rights struggles, was more explicit. Also the victim of brutal violence due to his efforts to protect the right to vote, Lewis referenced the infamous Shelby County v. Holder Supreme Court decision and told the crowd, "I gave a little blood on that bridge in Selma, Alabama, for the right to vote. I am not going to stand by and let the Supreme Court take the right to vote away from us...We must say to the Congress, fix the Voting Rights Act."
On the August 26 edition of her radio show, Fox News contributor Laura Ingraham chose to follow up a recording of Lewis' call to Congress to both fix the Voting Rights Act and pass immigration reform with a gunshot sound effect. As Joan Walsh of Salon observed, even "[a]fter the assassinations of Medgar Evers, John F. Kennedy, Bobby Kennedy and Dr. King, after the gunning down of so many civil rights workers over the years, Ingraham thought it was funny, or clever, or provocative, to 'symbolically' cut off Lewis' speech with the sound of a gun."
Capitalizing on the 50th anniversary of the March on Washington, Rush Limbaugh claimed he has been told he sounds more like Martin Luther King Jr. than President Barack Obama does. These comments fly in the face of Limbaugh's extensive history of racially divisive comments.
After repeatedly attempting to inject race into the story of a recent killing, Fox News falsely accused President Obama of injecting race into the Trayvon Martin case.
On the August 26 edition of Fox News' The Five, co-host Eric Bolling reacted to reports that the killing of a World War II veteran was not motivated by race by saying: "Let's not make it about race. Let's not make the kid shot in Oklahoma about race either, but also let's not make the Trayvon Martin case about race either because it wasn't about race as well. But President Obama and Eric Holder decided to make that one about race." Bolling later claimed that "us on the right" were only discussing recent murders "in the context of Trayvon Martin" because "President Obama clearly put a race spin on" the case.
Bolling is downplaying Fox's campaign to make race a factor in the Oklahoma death of Australian baseball player Christopher Lane. On Fox News' On The Record, District Attorney Jason Hicks explained that there was no evidence to indicate that the killing of Lane "was related to either his race or to his nationality." Hicks repeated his findings in an appearance on Fox News Sunday. But Fox commentators have repeatedly ignored the evidence.
Fox News downplayed Colin Powell's objections to strict voter ID laws and ignored the fact that Texas not only has a long history of illegal racial discrimination in its election practices, a federal court already found its voter ID measures to be impermissible voter suppression.
On the August 26 edition of America's Newsroom, Fox News host Martha MacCullum and correspondent Mike Emanuel reported on the Department of Justice's new legal challenge to the voter ID law Texas immediately enacted after the Supreme Court struck down a crucial provision of the Voting Rights Act (VRA) in Shelby County v. Holder:
Fox News failed to mention, however, that Texas is being accused of illegally suppressing the vote through a voter ID law that has already been found to be racially discriminatory by a federal court.
Writing for a three-judge panel in 2012, a circuit judge dismissed Texas' evidence that its voter ID law was not impermissibly discriminatory as "unpersuasive, invalid, or both." As explained by the Constitutional Accountability Center's Doug Kendall:
[I]n Texas v. Holder, a three-judge court unanimously blocked Texas' new voter identification statute, the most stringent in the nation, finding that the statute would inevitably disenfranchise low-income Texas citizens, who are disproportionately African American and Hispanic. The court explained that, unlike Indiana, whose voter identification law was upheld by the Supreme Court in 2008, Texas had gone to great lengths to suppress the vote in poor and minority communities, strictly limiting the types of photo identifications available - a license to carry a concealed firearm is a valid ID under the law, but not a student or Medicare ID card - and making it costly to obtain a so-called "free" election ID for use at the polls. For those without one of the five permitted photo identifications, the court found that the law was tantamount to a poll tax, "imposing an implicit fee for the privilege of casting a ballot." The "very point" of the Voting Rights Act, the court explained, was to deny "states an end-run around the Fifteenth Amendment's prohibition on racial discrimination in voting."