A Tampa Tribune editorial celebrating the Supreme Court's decision to allow companies to discriminate against certain types of birth control in their insurance plans furthered the flawed concept that the government was forcing companies to provide "life-ending morning-after pills." In fact, the scientific community has found that the disputed forms of contraception are not abortifacients.
Fox contributor Charles Krauthammer falsely claimed that the Obama administration "arbitrarily" determined that the Affordable Care Act's (ACA) preventive services requirement must include contraception. Krauthammer's claim ignores that the ACA includes contraception as a preventive services requirement for women, and dismisses the fact that contraception is an integral form of preventive care for women.
Following the June 30 Supreme Court decision that closely held corporations cannot be required to provide health coverage that includes contraception, Krauthammer asserted that the Obama administration "arbitrarily" decided that the ACA's mandate that employers provide preventative care should include birth control, "as if pregnancy is a disease to be prevented":
From the June 30 edition of Fox News' The O'Reilly Factor:
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From the June 30 edition of Fox News' The Five:
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On June 30th, five male justices held that "closely held" for-profit secular corporations like Hobby Lobby are exempt under the Religious Freedom Restoration Act (RFRA) from the so-called "contraception mandate." Right-wing media predictably cheered and mocked women's access to contraception, even though the decision was based on a series of myths.
Here are eight women explaining why the Hobby Lobby decision is dead wrong:
Right-wing media are celebrating now that the conservative justices of the Supreme Court have issued their unprecedented ruling in Burwell v. Hobby Lobby, with the Court adopting a number of conservative myths in the decision that allows sex discrimination in the name of corporate religion.
On June 30, the conservative majority of the Supreme Court -- five men and no women -- held that "closely held" for-profit secular corporations like Hobby Lobby are exempt under the Religious Freedom Restoration Act (RFRA) from the "contraception mandate." This so-called mandate, a provision of the Affordable Care Act (ACA), requires employer-sponsored health insurance to cover comprehensive preventive health care, including birth control. In so holding, the Court's decision in Hobby Lobby gave credence to some of the worst conservative myths that have been steadily advanced by right-wing media.
The fact that Hobby Lobby likely employs workers who have no moral or religious dispute with contraception didn't seem to be of much concern to outlets like The Wall Street Journal, National Review Online, or Fox News. From the start, NRO framed the case as a David and Goliath-like scenario, with the Green family owners of Hobby Lobby as victims of the federal government -- despite the fact that Hobby Lobby is a massive corporation, owned by billionaires, with hundreds of stores across the country. Fox & Friends host Elisabeth Hasselbeck went so far as to call the contraception mandate evidence of the "moral decay" of the Obama administration's policies. For right-wing media, the religious beliefs of the owners took precedence over those of their female employees. Apparently, the Supreme Court agreed.
The Court attempted to limit its decision to "closely held" corporations like Hobby Lobby, but according to experts, more than 90 percent of corporations are considered to be "closely held." In his majority opinion, Justice Samuel Alito downplayed the significance of the Hobby Lobby decision's expansion of the concept of corporate personhood, writing that "a corporation is simply a form of organization used by human beings to achieve desired ends" and claiming there was nothing radical about extending rights "whether constitutional or statutory" to for-profit secular corporations. His opinion conflated these businesses with non-profits just as right-wing media had urged.
The religious rights of the employees, now held hostage by their employers' moral objections, did not appear to make much of an impact on the Court's conservative majority.
Moreover, wrote Alito, the birth control requirement was not "the least restrictive means" of achieving the "compelling governmental interest" of ensuring no-cost comprehensive preventive health care services for everyone. Instead, said the majority, the government should "assume the cost of providing the contraceptives at issue to any women who are unable to obtain them under their health-insurance policies due to their employers' religious objections," thus shifting the employee-earned benefit of health insurance from a billion-dollar corporation to the general public.
It was enough for Alito that the Greens "sincerely believed" that the contraceptives at issue in the case are "abortifacients" -- echoing right-wing media's constant confusion of the two -- even though they really, really aren't.
From the June 30 edition of Fox News' Happening Now:
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From the June 30 edition of Fox News' America's Newsroom:
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Despite the fact that the Supreme Court struck down Massachusetts' abortion clinic buffer zone law, the Wall Street Journal editorial board complained that the Court didn't go further to disallow "other restrictions on abortion protests," inaccurately describing the majority opinion in the process.
On June 26, the Court ruled in McCullen v. Coakley that Massachusetts' buffer zone law violated the First Amendment because it was broader than necessary to achieve the Commonwealth's goal of promoting public safety outside of reproductive health clinics, while simultaneously declining to strike down the constitutionality of buffer zones in general. A version of the law was passed in 2000 in response to years of violent and deadly incidents outside of abortion clinics nationally and directed at Massachusetts clinics in particular. The legislature amended the law in 2007 to further help police officers enforce the law by implementing a 35-foot buffer zone around clinic entrances that prohibit anyone not on clinic business -- anti-choice protestors and pro-choice supporters alike -- from entering and remaining. The Court ultimately found that, while buffer zones are not unconstitutional in and of themselves, Massachusetts' law was not narrowly-tailored enough to support the legitimate interest in promoting public safety.
Joining and writing for the four liberal justices on the Court, Roberts limited his decision to the specific facts, and the specific petitioners in McCullen, as he struck down this specific buffer zone law. For Roberts, because the named plaintiff in this case was apparently a peaceful petitioner and not the "aggressive" type of "face-to-face" protestor who created "clashes" at the entrances of the health centers, the law regulated more speech than is allowed under the public safety rationale of constitutional buffer zones. But in a June 26 editorial, the Journal completely ignored the history of violence outside of abortion clinics across the country, and argued that Roberts "missed an opportunity to clean up one of the Court's mistakes" by failing to overturn Hill v. Colorado, a 2000 case that upheld the constitutionality of a different buffer zone law. The editorial went on to argue that the decision in McCullen "leaves too much speech in future jeopardy" because state legislatures are still free to regulate speech outside of clinics within the bounds of the First Amendment. The Journal also inaccurately claimed that Roberts confirmed that the Massachusetts law was "directed at peaceful speakers":
In McCullen v. Coakley, Chief Justice John Roberts writes that the law unconstitutionally restricts access to public sidewalks around abortion clinics in the name of "public safety" without "seriously addressing the problem through alternatives." By regulating public streets, the state directly foreclosed access to places that "developed as venues for the exchange of ideas." Restrictions must be based on misconduct, not directed at peaceful speakers.
So far, so good. The problem is that the Chief's opinion goes on to engage in contortions arguing that the Massachusetts law really wasn't trying to restrict the "content" of speech. That's critical because it means the law isn't subject to strict First Amendment scrutiny. It also means that while this Massachusetts law went too far, other restrictions on abortion protests might be allowable.
The fascinating question is why the Chief Justice refused to follow the logic of his own free-speech jurisprudence and overturn Hill v. Colorado. Perhaps he figured he would lose the four liberal Justices and thus the authority of a unanimous Court. Or perhaps he has been chastened by all of the liberal media critics who say he's too eager to overturn precedents.
The reality is that he's not eager enough, and thus the Court ends up with too many of these halfway decisions that reach the right outcome for what are often the wrong reasons. The First Amendment needs a more stalwart defender in the Chief Justice's chair.
Fox News host Martha MacCallum described the pending Hobby Lobby case -- a challenge to the Affordable Care Act's requirement that all employer-sponsored health insurance cover contraceptives as part of preventive services -- by repeating four right-wing media myths in the span of 17 seconds. MacCallum adopted the false narrative of the religious owners of the for-profit, secular chain store and its supporters during the June 25 edition of America's Newsroom:
1. "The Hobby Lobby case, which challenges the Obamacare conception mandate that requires ..."
As political science professor Scott Lemieux explained, "there is no 'contraception mandate.' Hobby Lobby is not legally required to compensate its employees with health insurance at all. ... What is erroneously described as a 'mandate' simply means that if corporations choose to take advantage of the tax benefits for compensating employees in health insurance rather than wages, the insurance has to meet minimum coverage standards." In other words, Hobby Lobby can avoid contraception coverage by providing no health insurance at all -- but it may not hold its employees hostage by sponsoring health insurance policies that are not complaint with the ACA.
2. "... that employers provide ..."
As Georgetown Law professor Marty Lederman has written, it would be the federal government that requires the insurance companies -- not Hobby Lobby -- to meet the minimum coverage standards that include comprehensive preventive services, including birth control. According to Lederman, "Once the HHS Rule goes into effect, it would not be the Greens who 'directed' the Hobby Lobby ... insurance plans, in any real sense, to cover contraception: That would, instead, be a legal requirement imposed by the government -- and it's a requirement that applies to any and all such plans throughout the nation, whether sponsored by an employer or not."
3. "... free access to conception methods ..."
It turns out that so-called "free" birth control isn't actually free. In fact, "it is misleading -- and politically dangerous to say so," according to Jodi Jacobson, editor-in-chief of RH Reality Check, because "if you have insurance, you pay for it, either by virtue of your labor or out of your own pocket, or, depending on the situation, both. And under the ACA, it is now mandated that your insurance plan cover certain benefits without a co-pay. This does not make them 'free.' It means that you are paying for that service as part of your premium. You earned it, you paid for it, it is yours. If you pay for it, you deserve to get it."
4. "... as part of a comprehensive Obamacare health policy, includ[ed] in that would be some drugs which could trigger abortion."
Despite the fact that Hobby Lobby "sincerely believes" that some contraceptives result in the termination of a pregnancy, the science simply does not support this claim. According to The New York Times, "It turns out that the politically charged debate over morning-after pills and abortion ... is probably rooted in outdated or incorrect scientific guesses about how the pills work. Because they block creation of fertilized eggs, they would not meet abortion opponents' definition of abortion-inducing drugs."
As the current Supreme Court term winds down, a number of highly anticipated cases will be released in the coming week. Here are five of the decisions right-wing media have repeatedly misinformed about, as well as the top myths and facts.
The Wall Street Journal is celebrating a recent Supreme Court ruling that will allow an anti-choice activist group to challenge the constitutionality of an Ohio law that bans false statements in election campaigns, a state statute that is opposed by free speech advocates across the political spectrum. But the WSJ went on to erroneously argue that the false statement at issue in the case -- that the Affordable Care Act (ACA) funds abortions -- is actually true, because contraceptives are actually "abortifacients."
On June 16, the Supreme Court unanimously ruled that the group, Susan B. Anthony List, had standing to sue over the Ohio statute. Susan B. Anthony List, which is "dedicated to electing candidates and pursuing policies that will reduce and ultimately end abortion," ran into trouble when it tried to take out a billboard calling Ohio congressman Steve Driehaus' vote for the ACA a vote for "taxpayer funded abortion." Driehaus filed a complaint against Susan B. Anthony under the Ohio statute, but ultimately withdrew it after he lost his election. Nonetheless, the organization challenged the constitutionality of the false statement law, claiming that it violated their First Amendment rights.
The Court's decision did not address the merits of Susan B. Anthony's claim. But that didn't stop some right-wing media outlets from calling the ruling "a big win ... for the pro-life movement." The Wall Street Journal evidently agreed with this analysis and added that the decision is "a rebuke to politicians who don't want to be criticized" in a June 16 editorial. The WSJ went on to argue that the billboard at issue had been "vindicated" because the ACA forces "religious groups to finance abortifacents."
From the editorial:
Monday's decision concerned whether Susan B. Anthony was able to sue. The Sixth Circuit Court of Appeals had said it could not because Mr. Driehaus withdrew his complaint after he lost. But Justice Clarence Thomas wrote for the Court that this decision improperly minimized the burden on groups whose speech is chilled for fear that they could be sanctioned or sued. Lower courts will now revisit the constitutional challenge.
As it happens, Susan B. Anthony's billboard claim has been vindicated by the Obama Administration's rule forcing religious groups to finance abortifacients in their health-care policies for employees. In a democracy, voters rather than a priesthood of regulators are obliged to sort out the truth or falsity of political claims. Congrats to Susan B. Anthony, and perhaps the Sixth Circuit will seek out some remedial First Amendment education.
Media outlets are starting to report on the reintroduction of "post-abortion syndrome" (PAS) and similar junk science that claims a causal link between abortion and mental illness, which is being used in a coordinated attempt to defend restrictive state abortion laws in court. Witnesses claiming abortion leads to mental trauma are being organized by the discredited psychotherapist Vincent Rue, whose theories about PAS were debunked by reporters and experts years ago.
CNN's Chris Cuomo asserted that "it's just hard" for male politicians to navigate "the female agenda" that female candidates may put forward in campaigns.
On the June 10 edition of New Day, co-hosts Brooke Baldwin and Chris Cuomo spoke with Politico's Maggie Haberman about former Secretary of State Hillary Clinton's book tour to promote her new book Hard Choices. Jumping off a discussion of Clinton's efforts to deal with gender in the 2008 campaign and the possibility that she might become the first female president, Cuomo asserted that male politicians may have a hard time dealing with "the female agenda," because "what is the guy supposed say?": (emphasis added)
HABERMAN: It was not that she didn't address it enough, as she put it last night in that interview, she really didn't address it at all in the 2008 race. She did not run a gender-based candidacy. Her campaign was very concerned about a projection of weakness. The demographics have shifted enough, and also I think that the voter attitudes have shifted enough about a female president, that she knows this is essentially - she would be carrying the mantel as first female president. That's going to be very meaningful for a lot of woman. That's going to be significant. She's not going to shy away from it.
CUOMO: I'll tell you, it's just hard to deal with as a male candidate. You know? Whatever Hillary or any female candidate wants to put forward as a female agenda, right? Not even feminist agenda, just female agenda. What is the guy supposed to say? 'Oh, I'm taking issue with that?' 'Oh, I want to be that also?' You know, I just think -- it's just smart politics, and you can very much argue it's come to be that time, you know?
Of course, numerous male politicians have successfully advocated for women's issues. For example, NARAL's list of endorsed candidates for the 2014 elections includes more than 30 male candidates whom the organization has deemed to be "pro-choice champions."
Right-wing media outlets like Fox News and National Review Online have pushed the myth of "post-abortion syndrome," the idea that choosing to have an abortion causes subsequent mental illness. The concept of "post-abortion syndrome" was developed by discredited psychotherapist and anti-abortion activist Vincent Rue, and is at the center of numerous current legal challenges to statewide abortion restrictions.
Both Wisconsin and Alabama have passed highly restrictive abortion laws, known as TRAP laws, that target abortion providers under the pretext of protecting women's health. These laws require abortion providers to obtain unusual admitting privileges at local hospitals, even though such privileges are difficult to obtain and keep. Providers are now challenging these laws in federal court, arguing that the regulations are unnecessary because abortion procedures are exceedingly safe. Moreover, the admitting privileges requirement is so burdensome that it will force clinics in each state to close down, and will increase wait times at the remaining clinics.
State officials in Wisconsin and Alabama defending these laws in court are relying on expert witnesses who have been coached by Rue to testify that "depression could be a complication of abortion," but media in the states where Rue has offered his "expertise" are starting to report on his unreliable theories. As explained by Isthmus, an alternative weekly newspaper in Madison, WI, "post-abortion syndrome" has not been recognized by either the American Psychological Association or the American Psychiatric Association. Not only that, but Rue's expert testimony has been thrown out twice by federal appellate judges because of his "limited clinical and research experience. In Planned Parenthood v. Casey the judge also wrote that Rue's 'admitted personal opposition to abortion, even in cases of rape and incest, suggests a possible personal bias.'"
Yet faulty hypotheses like Rue's have been repeatedly championed by conservative media in support of the closure of dozens of clinics across the country. Fox News shows like Hannity and The Five have explicitly linked abortion with mental illness and depression, and have questioned the mental health of women who choose to terminate their pregnancies. National Review Online has similarly argued that there is a "substantial body of academic research which has linked abortion to a variety of mental-health problems, including depression, anxiety, sleep disturbances, substance abuse, and suicide."
But there is no evidence of a causal link between abortion and subsequent mental health problems. In 2008, the American Psychological Association "formed the Task Force on Mental Health and Abortion to examine the scientific research addressing mental health factors associated with abortion, including the psychological responses following abortion." According to its analysis, there is "no evidence that having a single abortion causes mental health problems":
The Task Force concluded that there is no credible evidence that a single elective abortion of an unwanted pregnancy in and of itself causes mental health problems for adult women. The research consistently found that the backgrounds and circumstances of the women who seek abortions vary. The Task Force found some studies that indicate that some women do experience sadness, grief and feelings of loss following an abortion and some experience "clinically significant disorders, including depression and anxiety." The evidence regarding the relative mental health risks associated with multiple abortions is more uncertain.