National Review Online (NRO) attacked State Senator Wendy Davis (D-TX) for speaking out about her own experiences with abortion, calling her description of the abortions -- one of which saved her life -- "convenient," and downplaying the serious health problems that can lead women to choose the procedure.
In her upcoming memoir Forgetting to Be Afraid, Davis disclosed her personal experiences undergoing abortion procedures. Writing about the circumstances that led to her decisions, Davis described a medical abnormality that doctors said "likely was incompatible with life" that led her to terminate a desired pregnancy, and a second procedure following an ectopic pregnancy that threatened her life if it wasn't ended.
In a September 9 post, National Review Online responded to Davis' account by questioning the legitimacy of her story. Calling it "convenient," the post went on to "question the accuracy of her claims related to the abortion." The post challenged Davis to provide proof that her abortions were necessitated for medical reasons and went on to dismiss the medical rationale for these types of abortions (emphasis added):
But not all commentary has been focused on the harm Davis suffered post-abortion. Horne said that "only Ms. Davis knows the truth about her alleged abortions. We simply do not know the circumstances of Wendy Davis's apparent abortions." Horne noted that "it is extremely rare -- if not non-existent -- for a woman to have an abortion because the pregnancy posed a risk to her life. As for fetal anomalies, it simply isn't necessary to abort a child because he or she is sick or has a medical condition."
"It would be disturbing to think that she may be using her abortions as a way to gain political favor with Democratic voters," Horne added.
Horne's analysis matches that of a 2004 Guttmacher Institute survey of women who had abortions. The survey found that only 4 percent said that "their most important reason" for having an abortion was "physical problems with my health," and 3 percent named "possible problems affecting the health of the [baby]."
Maybe she had the abortion, maybe she didn't. Maybe her reasons were as compelling as she claims. But the reasons Davis gives for having had her abortions are unproven and statistically unlikely.
Although few women have late-term procedures, NRO dismisses the very real medical necessity for them to be available. According to the American College of Obstetricians and Gynecologists, the majority of serious health conditions that impact both mother and fetus are not discovered until the 20th week of pregnancy or later -- an occurrence that explains why a woman would wait until this point in their pregnancy to undergo the procedure.
Fox News host Shannon Bream misled about new regulations from the Department of Health and Human Services (HHS) that allow both non-profit and for-profit entities to opt-out of health insurance coverage for contraception, while pretending this new accommodation was contrary to the Supreme Court's recent orders on the "contraception mandate" of the Affordable Care Act (ACA).
On August 22, HHS announced a new set of rules aimed at accommodating non-profits and business owners who object on religious grounds to providing comprehensive health insurance to their employees. The new regulations are designed to comply with the Supreme Court's ruling in Burwell v. Hobby Lobby, which held that certain "closely-held" for-profit corporations can be exempted from the requirement that contraception be covered in their employer-sponsored plans. This exemption now aligns the treatment of these businesses with that of religiously-affiliated non-profits, an accommodation the conservative Justices of the Court explicitly directed HHS to consider.
But on the August 25 edition of Fox News' Real Story, host Shannon Bream ignored the fact that the new rules were based on instructions from the Supreme Court.
Bream claimed that "a lot of people are saying" that HHS's rule change "was just a sleight of hand" that "doesn't really change anything." The Fox host went on to argue that these new regulations were contrary to the ruling in Hobby Lobby because "the Supreme Court said simply they don't have to comply with the mandate, now they'd have to fill out paperwork to comply with the mandate":
Bream's pretense that the HHS regulations do not track the Supreme Court's recent rulings is wrong. In his majority opinion for the conservative justices in Hobby Lobby, Justice Samuel Alito wrote that there was "no reason" why HHS couldn't offer an accommodation of this sort to both non-profit and for-profit entities alike, and that such a process for this exemption to the contraceptive mandate "constitutes an alternative that achieves all of the Government's aims while providing greater respect for religious liberty."
Moreover, the new regulations also address the additional issue raised by the conservative justices in an interim order issued after Hobby Lobby in Wheaton College v. Burwell, a case where a Christian university successfully claimed that even signing the form that notified its insurance issuer of its objection to birth control coverage was also an impermissible burden on religious freedom. To deal with that objection, HHS' new rules -- in an attempt to meet the instructions of the Court in both Hobby Lobby and Wheaton -- now create an accommodation to its accommodation and will allow "institutions ... to tell the federal government which company administers their health-insurance plan, and the government would then contact that administrator to ask it to arrange contraception coverage for the institution's employees."
HHS has now done what the conservative justices twice told it to do, a fact Fox News forgets as it complains that in accommodating objections to female employees' access to contraception, HHS still hasn't done enough.
Nightly network newscasts and Sunday morning talk shows have largely failed to connect two recent Supreme Court decisions to Citizens United v. FEC, the case that radically expanded the legal concept of "corporate personhood" -- the idea that corporations have constitutional rights. This has left viewers with an incomplete understanding of how the Court applied this dangerous precedent to campaign finance and reproductive rights law.
From the July 31 edition of Fox News' The Five:
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The Wall Street Journal took a stand against fair treatment for pregnant workers, complaining that the Equal Employment Opportunity Commission's (EEOC) new guidelines designed to fight pregnancy discrimination despite conservative Supreme Court opinions holding discrimination against pregnant women is not sex discrimination was a "radical" reading of federal law.
Last week, the EEOC issued new guidelines to employers in an effort to curb increasing incidents of pregnancy discrimination in the workplace -- the first time in 30 years the agency had updated its guidelines regarding fair treatment of pregnant employees. One of these new guidelines interpreted the Americans with Disabilities Act (ADA) to include reasonable accommodations for "pregnancy-related impairments," which can include serious ailments like anemia, gestational diabetes, and abnormal heart rhythms, among others.
But in a July 27 editorial, the Journal argued that protections provided by the ADA should be reserved only for the "truly disabled," not women who are disabled due to medical conditions caused by their pregnancies. The editorial also ignored the reality of pregnancy discrimination in the workplace, and claimed that the EEOC's comprehensive new guidance was a "radical legal interpretation" of the ADA that served no purpose other than to provide a "launching pad for trial lawyers." It went on to argue that the guidance was unnecessary given the fact that "pregnancy is not unprotected under federal law," without mentioning that these protections were a direct response to conservative case law that refused to treat pregnancy as a sex-based classification under federal law:
Even after the 2008 amendments, the ADA at no point defines pregnancy as a "disability." To end-run this fact, the agency discovers pregnancy's "impairments." The EEOC's guidelines argue, "Although pregnancy itself is not a disability, impairments related to pregnancy can be disabilities if they substantially limit one or more major life activities." Morning sickness, for example, would become a qualifying impairment under the ADA.
Thus the EEOC is piling one radical legal interpretation (discarding the ADA's clear intent to help the truly disabled) upon another (granting protections to pregnant women, who aren't covered under the ADA).
Pregnancy is not unprotected under federal law. The 1964 Civil Rights Act protects workers from discrimination on the basis of "race, color, religion, sex, or national origin." And the 1978 Pregnancy Discrimination Act amended that law to protect, yes, pregnant women.
Anyone who reads the text of the EEOC guidance can see the rationale behind yet another display of Obama executive-branch muscle. The rules' imprecision is a launching pad for trial lawyers, a primary source of grateful Democratic campaign money. And Valerie Jarrett's CNN piece makes clear the initiative is another politicized front in the "war on women."
Ms. Jarrett says the guidelines will help employers "understand their obligations." With the most important being to hire more lawyers and fewer employees, of any sex.
Fox News has devoted a significant amount of time to finding new ways to baselessly attack the Women's Health Protection Act, a federal bill that would counteract laws that single out and punish abortion providers. The network parroted extreme anti-choice talking points and largely ignored the opinion of leading health organizations that these laws have dangerous consequences for women.
Conservative media have revived false comparisons of legal abortion to convicted murderer Kermit Gosnell in the wake of a Senate hearing regarding a proposed bill to prohibit states from imposing unusually onerous regulations on abortion clinics, despite the fact that Gosnell's crimes have nothing to do with legal abortion procedures.
On July 15, the Senate Judiciary Committee held a hearing on the Women's Health Protection Act, sponsored by Sen. Richard Blumenthal (D-CT.) The bill would bar states from enacting laws restricting abortion that are more burdensome than restrictions for similar outpatient procedures.
The hearings sent right-wing media into a frenzy, renewing comparisons between legal abortion and Kermit Gosnell, a former doctor sentenced to life in prison without parole for the three counts of first-degree murder. National Review Online invoked Gosnell in an editorial titled "Gosnell Nation" on July 16. NRO suggested the title of the bill should be renamed to the "Kermit Gosnell Enabling Act of 2014" and provided a detailed description of Gosnell's horrific crimes, claiming the bill would lead to more cases like Gosnell's
A July 15 Fox News report on the bill also cited Gosnell, attributing many new state abortion restrictions to a reaction to his crimes.
But Gosnell's crimes bear no resemblance to legal abortions performed at clinics these state regulations target. The grand jury in Gosnell's case found that "Gosnell's approach was simple: keep volume high, expenses low - and break the law. That was his competitive edge." And University of California reproductive health professor Tracy Weitz has explained that Gosnell's actions have "nothing to do with the way in which the standard of care and later abortion procedures are performed in the United States," and that his practices are "nowhere in the medical literature."
The Blumenthal bill is intended to prevent the harmful effects on women's health that the rapid expansion of state abortion regulations, known as Targeted Regulations of Abortion Provider (TRAP) laws, has had. TRAP laws target abortion clinics for restrictions not imposed on other clinics that provide procedures with similar risk, like colonoscopies. In fact, such onerous and constitutionally questionable regulations have already driven many abortion clinics in the states to close -- which, according to Whole Woman's Health CEO Amy Hagstrom Miller, puts "more women at risk for later term abortions or for illicit abortions outside the medical community."
Since the news of Gosnell's horrific crimes emerged, right-wing media have continuously attempted to tie the case to legal abortions -- the vast majority of which are safe and occur in the first trimester of pregnancy.
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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Fox News ran a dishonest report on a proposed bill to prohibit states from imposing unusually burdensome regulations on abortion clinics, hiding the harmful effects that the barrage of onerous state restrictions on abortion have had on access to abortion.
On the July 15 edition of Fox News' Special Report with Bret Baier, correspondent Molly Henneberg reported that the Senate Judiciary Committee held hearings on the Women's Health Protection Act, sponsored by Sen. Richard Blumenthal (D-CT). The bill would prohibit states from enacting abortion restrictions that are more onerous than placed on similar outpatient procedures. Both Henneberg and host Bret Baier framed the legislation as an attempt to appeal to the Democratic base; the segment also amplified misinformation from its critics and invoked convicted murderer Kermit Gosnell.
From the July 15 edition of Fox News' The O'Reilly Factor:
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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.
From the July 8 edition of Fox News' Fox & Friends:
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The Wall Street Journal downplayed a "rare" and "extreme" Supreme Court order that could make it even more difficult for women to obtain contraceptive coverage in the wake of the Hobby Lobby decision, arguing that Justice Sonia Sotomayor "may come to regret her furious dissent" from the ruling.
On June 30, the conservative justices of the Supreme Court held in Burwell v. Hobby Lobby that the chain craft store was exempt from a provision in the Affordable Care Act (ACA) that requires employer-provided health insurance plans to cover preventive health care services, including birth control. The majority opinion, helmed by Justice Samuel Alito, suggested that the government offer for-profit, secular corporations like Hobby Lobby the same accommodation that exempts religiously-affiliated non-profits from the birth control requirement. In order for such non-profits to take advantage of this exemption, they must sign a self-certification form that states their moral objection to birth control, which allows their insurance companies to provide the medications to employees at no additional cost.
But the Court, not to mention right-wing media outlets, ignored the flaw in this plan -- that the religious accommodation is also being challenged as an illegal burden on religious freedom. Wheaton College, a Christian school in Illinois, is one of the challengers arguing that signing the exemption form "makes it complicit in grave moral evil" because the college "sincerely believes" that signing will "enable the flow of abortion-inducing drugs." On July 3, the Supreme Court issued an emergency injunction in Wheaton's favor, excusing the college from signing the exemption form until after its lawsuit is heard by the lower courts. Sotomayor, joined by Justices Ruth Bader Ginsburg and Elena Kagan, dissented from the order, writing that "those who are bound by our decisions usually believe they can take us at our word. Not so today. ... [Granting the injunction] evinces disregard for even the newest of this Court's precedents and undermines confidence in this institution."
In a July 6 editorial, the Journal dismissed the significance of the injunction, and called Sotomayor's dissent an "overreaction":
Our guess is that Supreme Court Justice Sonia Sotomayor may come to regret her furious dissent last week to a simple Court order granting a temporary religious liberty reprieve to Wheaton College from having to obey ObamaCare's contraception mandate. She and the two other female Justices accused the Court's majority of all sorts of legal offenses, not least dishonesty.
Wheaton is challenging that accommodation as too restrictive, but the Court did not rule on the merits last week. All it did was grant a reprieve from having to obey the mandate while the case is being heard. This says little about how the Court might eventually rule, notwithstanding Justice Sotomayor's angry implication. The reprieve will also not deny any reproductive services to anyone.
Justice Sotomayor suggested the majority had harmed the Court's reputation, but it seems to us that her overreaction did far more to make the Justices a political target.