Right-wing media have sunk to new lows in smears against President Barack Obama's nominee to head the Department of Justice's Civil Rights Division, former NAACP Legal Defense Fund (LDF) top official Debo Adegbile, a highly-qualified and widely praised civil rights litigator who has been senior counsel to the Senate Judiciary Committee.
Conservative Congressman Jim Sensenbrenner (R-WI) is a legal expert who led the last reauthorization of the Voting Rights Act (VRA) in 2006 and has since called for the renewal of this crucial civil rights law after the Supreme Court struck down a key part of it -- but you won't hear about that from Sensenbrenner on Fox News.
Sensenbrenner used to be a favorite of Fox, appearing repeatedly on the network to provide expert legal analysis informed by his experience helming historic legislation, such as the Patriot Act. Fox host Sean Hannity once called Sensenbrenner "one of the guys that has always been on principle ... fighting the good fight every day." But that all changed when the conservative justices of the Supreme Court struck down the heart of the VRA in the now infamous Shelby County v. Holder and Sensenbrenner reached across the aisle to once again draft a reauthorization.
Now, this preeminent Republican can't seem to get his voting rights expertise heard on Fox News.
In June of 2013, the Supreme Court in Shelby County found that Section 4 of the VRA was unconstitutional in a bitterly split 5-4 decision. This section, which requires states with a documented history of racial discrimination at the polls to seek preclearance from the Department of Justice before making significant changes to voting procedures, provided much-needed protection for voters who might otherwise be disenfranchised. In fact, it worked so well that Justice Ruth Bader Ginsburg argued that striking down the provision was tantamount to "throwing away your umbrella in a rainstorm because you are not getting wet." Just days after the Court struck down Section 4, states like North Carolina immediately began to construct barriers to democratic participation.
As part of the bipartisan group trying to fix the damage that Shelby County caused, Sensenbrenner is now urging his Republican colleagues to renew the VRA and reinstate its protections, calling the VRA "one of the most important pieces of civil rights legislation ever passed, and is vital to our commitment to never again permit racial prejudices in our electoral process" and adding that "[b]y striking down Section 4, the Court presented Congress with both a challenge and a historic opportunity. We are again called to restore the critical protections of the act by crafting a new formula that will cover jurisdictions with recent evidence of discrimination."
Sensenbrenner feels so strongly about the VRA that on January 16, he joined Democratic congressmen and senators to introduce "bipartisan legislation to uphold the most vital principles of the historic law."
But Fox viewers probably didn't hear about it. That's because, according to a Nexis search, Fox apparently hasn't had Sensenbrenner on to discuss this new piece of legislation, or the VRA decision in general.
Media Matters conducted a search of Nexis transcripts of Fox News and Fox Business Channel for the name "Sensenbrenner" from June 25, 2013 to January 24, 2014.
National Review Online contributor John Fund used anecdotal evidence of voter fraud and specious legal analysis to continue to advocate for oppressive voter identification laws.
On January 17, a Pennsylvania judge ruled that the state's voter ID law was unconstitutional under the state constitution because "hundreds of thousands of qualified voters ... lack compliant ID," and that the state had failed to ease the burdens associated with obtaining one. As The Nation recently reported, "getting a voter ID in Pennsylvania was a bureaucratic nightmare" after the statute went into effect because "[t]here are 9,300 polling places in the state, but only seventy-one DMV offices."
But Fund apparently didn't find this scenario all that nightmarish. In a recent editorial, he dismissed the number of voters without appropriate ID as "inflated" and argued that the law should still be rescued by the state legislature:
In 2008, the U.S. Supreme Court upheld on a 6-to-3 vote the constitutionality of laws requiring voter ID at the polls. Justice John Paul Stevens, one of the left-of-center judges on the Court, wrote the opinion in a case involving Indiana's voter-ID law: He found that the Court could not "conclude that the statute imposes 'excessively burdensome requirements' on any class of voters."
But our Constitution decentralizes our election procedures over 13,000 counties and towns, and states themselves are in charge of writing voter-ID laws should they choose to do so. Some do it better than others.
Last Friday, Judge Bernard McGinley of the Pennsylvania Commonwealth Court found that his state's voter-ID law violated Pennsylvania's constitution because the manner in which it was implemented placed an unreasonable burden on voters. The law, passed in 2012, had been blocked from taking effect while the court case against it ground forward. McGinley's decision is likely to be appealed to the Pennsylvania Supreme Court. Or the legislature could pass a new version of the law that would answer the judge's objections.
McGinley concluded that the law had been implemented in a sloppy, haphazard way and that the state had not done enough to help provide IDs to voters who lacked one.
When Pennsylvania's voter-ID law is either appealed or rewritten, let's hope that the state does a better job debunking the inflated estimates that hundreds of thousands of Pennsylvanians lacked an ID.
The state should also emphasize that even when voters show up at the polling place without an ID, they can vote on a provisional ballot. The state will count that ballot if the voter mails, faxes, or e-mails a copy of acceptable ID within six days of the election. If a person lacks the money to obtain the background documents necessary to acquire a voter ID, he can sign an affidavit attesting to that fact, after which his vote will be counted without further questions.
Fund's claim that the Supreme Court upheld the constitutionality of strict voter ID laws is misleading -- the case he references is Crawford v. Marion County Election Board, which challenged an Indiana voter ID law specifically, not the constitutionality of ID requirements in general. In the Pennsylvania case, the judge made sure to note that Crawford was not particularly relevant to his analysis, because the underlying facts that supported the legal challenges were so dissimilar. But Fund ignores this important distinction between the two cases in favor of his preferred narrative: that discriminatory voter ID laws are awesome.
Immediately after President Barack Obama nominated the highly-qualified and widely respected Debo Adegbile to be the next assistant attorney general for civil rights at the Department of Justice, right-wing media attacked this top lawyer of the NAACP Legal Defense Fund for purportedly being a "racialist."
Writing on an obscure right-wing blog, J. Christian Adams, a frequent Fox News guest who served in the highly politicized and disgraced Bush-era DOJ and "whose claim to fame as a federal lawyer seems to be his penchant for accusing black people of discriminating against whites," accused Adegbile of "racialis[m]" and the venerable NAACP Legal Defense Fund of a "radical racial agenda." From a November 14 post on Pajamas Media:
Adegbile hails from the NAACP Legal Defense Fund, an organization that has pushed a radical racial agenda including attacks on election integrity measures, opposition to criminal background checks for hiring, and racial hiring quotas for state and local governments.
Adegbile's name was mentioned as a possible nominee to the federal bench. Because of his advocacy for racialist policies, such a nomination would face serious confirmation difficulties. But in Eric Holder's Justice Department, nakedly racialist policies are standard fare, and Adegbile will fit right in.
This is an an-your-face nomination. This is the White House sending a message to Republicans and conservatives that the radical racial policies of the Justice Department will continue full speed ahead.
[I]n the Obama Justice Department, the law is not as important as the cause. And with Adegbile, the cause is racialist.
In another context, the venue and content of this thinly-veiled insinuation of so-called reverse racism could be easily ignored. Unfortunately, on the topic of executive and judicial nominees of the current president, Adams' attack is disturbingly similar to the same sort of race-baiting that jumps from little-read blogs to prominent right-wing platforms like Fox News, the editorial page of The Wall Street Journal, National Review Online, and even the mouths of GOP congressmen engaged in the ongoing blanket filibustering of the president's diverse nominees.
Accusing select presidential nominees of racialism or anti-white bias is a tired page of right-wing media's playbook against those who litigate and uphold longstanding civil rights precedent, a body of law that tends to help most those systematically disadvantaged by racism. This rant has been directed with more or less subtlety at Labor Secretary Thomas Perez (who previously led the DOJ's Civil Rights Division), Supreme Court Justice Sonia Sotomayor, and Attorney General Eric Holder.
Assumedly, these charges have some sort of salience with those unfamiliar with American history and basic civil rights law.
National Review Online is pointing to instances of trouble at Texas polling places as proof that the state's overwhelmingly stringent voter ID law is "a good thing."
NRO contributors Roger Clegg and Hans von Spakovsky argued that because four prominent, white Texans were eventually able to vote after experiencing problems with their identification, complaints about the voter ID law are "hysterical." They went on to claim that a New York Times article that characterized the new ID law as "mak[ing] a dent at the polls" is overblown.
From Clegg and von Spakovsky's November 9 post:
A New York Times headline Thursday declared: "Texas' Stringent Voter ID Law Makes a Dent at the Polls." A careful reading of the article will leave many readers scratching their heads about that title.
The article begins by noting that three prominent Texans -- state judge Sandra Watts, state senator Wendy Davis, and state attorney general Greg Abbott -- all had photo IDs that did not quite match their names on official voter rolls, and so all had to sign affidavits before they could vote. But ... they all could and did vote.
Jim Wright -- another Texan, whom the Times helpfully identifies as a former U.S. Speaker of the House -- had an expired driver's license, and so he had to produce a birth certificate. But ... he also voted.
So, when all is said and done, where's the "dent"?
It's worth noting that these four voter-ID "victims" are hardly the poor, minority voters that the Left asserts are targeted by these laws. To the contrary, all four are white and quite prominent, one a Republican. They not only got to vote, they were alerted to discrepancies in their voter registrations that they can now get corrected.
This is the new Jim Crow?
The post went on to conclude that "there was really no problem after all" and that "there apparently are not large numbers of Texas voters who lack identification."
Evidently, the fact that one in 10 registered voters in Texas lacks valid identification is of no great concern to NRO. Although Texas will provide "election identification certificates" to voters free of charge, voters must provide proof of citizenship and identity in order to get one. The documentation required to obtain a certificate -- such as a U.S. passport -- is generally not free.
Fox News lent credence to True the Vote's fearmongering over Obamacare and voter registration during the network's 2013 election night coverage, never acknowledging the extremist nature of the tea party group.
When signing up for health insurance on the HealthCare.gov exchanges created by the Affordable Care Act (ACA), customers are prompted with the option to register to vote. This is due to the 1993 National Voter Registration Act, which requires state agencies engaged in public assistance to offer voter registration services, including the state and federally-run exchanges.
According to True the Vote (TTV), an activist tea party group which describes itself as an election watchdog organization, the registration option will "corrupt" voter rolls and lead to "bogus voter registrations." As evidence, the group links to a report from Demos, a liberal think tank, detailing how many Americans could potentially register to vote because of the ACA. True the Vote's theory is that health care navigators like Planned Parenthood -- organizations that assist people in exploring their insurance options in the exchanges -- will use the registration information "in political activities."
A November 5 Special Report package treated True the Vote's conspiracy theory as a damning revelation. Host Bret Baier introduced the segment by saying, "The president's plan is not just about making sure everyone has insurance. There is also a not-so-subtle political objective."
Fox correspondent Shannon Bream then profiled True the Vote's concerns, featuring TTV president Catherine Engelbrecht's claims that "the implications of this are mind-blowing."
BREAM: Pursuant to the National Voter Registration Act, state agencies that provide public assistance are also required to give applicants the opportunity to register to vote. A number of states believe that includes the health care exchanges. ... The Demos document also stresses that navigators be trained to walk applicants through the voter registration process, but it's the navigators critics are worried about, saying groups with partisan agendas like Planned Parenthood shouldn't be handling voter information. True the Vote, which calls itself a citizen-led organization aimed at restoring integrity to the U.S. election system, says it's been unable to get any answers about how the voter registrations are being transmitted or verified. And worries about the potential for confusion.
What Fox never admits is that True the Vote is a discredited organization with a partisan agenda.
The National Review Online is trying to push back on the mea culpa of a judge who now thinks strict voter ID does in fact impermissibly discriminate, maintaining its long-standing position as a supporter of election changes that have been widely denounced as blatant forms of voter suppression.
In 2007, well-known and respected conservative Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit upheld a voter ID law in Indiana that was the first in a wave of increasingly stricter restrictions on the right to vote passed by Republican-controlled legislatures. Affirmed by a splintered Supreme Court, as the sole high-profile legal decision on the sort of unnecessary and redundant voter ID laws that are now widely promoted by the GOP, Crawford v. Marion County Elections Board has been incessantly trumpeted by right-wing media as the legal underpinning for their obsession with election changes that are documented to suppress the vote.
Now that Posner has bluntly admitted he was wrong and the evidence shows that strict voter ID is "now widely regarded as a means of voter suppression rather than fraud prevention," NRO is resorting to smearing the judge's integrity and intelligence.
Legal contributor Hans von Spakovsky, the repeatedly discredited champion of photo voter ID laws as the alleged "solution" to the virtually non-existent "problem" of in-person voter fraud, responded to the news of Posner's recent admission by claiming the judge had "been taken in" by the "Left's well-oiled propaganda machine." NRO's in-house legal expert, Ed Whelan, asserted that a switch in judgment by the judge was "weak" and praised a Washington Post columnist who attacked the judge as unethical for speaking publicly.
Von Spakovsky's attempt to rebut Posner's revelation by pointing to increased turnout in communities of color was a rehash of his continued failing of Statistics 101. As has been explained to von Spakovsky and others by statisticians, academics, and congressmen, just because more persons of color are voting now as the country grows more diverse doesn't mean that overly restrictive voting changes aren't suppressing the vote.
Not only is this confusing causation with correlation, but suppressing the vote also occurs when it becomes harder to do, not just when it is blocked entirely. The federal judge who blocked Texas' strict voter ID law because 600,000 to 800,000 citizens do not have easy access to the supporting documentation needed for the new identification requirements held that "a law that forces poorer citizens to choose between their wages and their franchise unquestionably denies or abridges their right to vote."
A new study of public opinion regarding voter ID laws found that viewers of Fox News are much more likely to support those measures than other media consumers, and that individuals who wrongly believe voter fraud is common are more likely to support voter ID laws. These two groups have one thing in common -- exposure to right-wing misinformation about voter fraud.
In recent years, GOP-controlled state legislatures have been passing a series of measures ostensibly designed to protect the integrity of elections -- laws that, for example, require voters to present a government-issued photo id when attempting to cast a ballot. Given the absence of any significant voter fraud crisis in America and the fact that such laws negatively and disproportionately affect the ability of traditionally Democratic-voting demographics to cast a ballot, many have argued that these laws are meant only to stifle political opposition to the Republican party by making it harder for Democrats to get elected -- even Republicans have admitted as much.
On October 4, Public Opinion Quarterly published a study conducted by two professors at the University of Delaware titled, "The Foundations of Public Opinion on Voter ID Laws." The study found that "perceptions of voting fraud as 'common' are associated with support for voter ID laws." The study also found that Fox News viewers "are particularly likely to support voter ID laws, though no other forms of media use are significantly related to support."
Voter fraud is not common. As the study noted, a state-by-state analysis of voting fraud conducted by the Carnegie Corporation of New York found "there were 2,068 cases of reported fraud among the millions of votes cast from 2000 to 2011. Over half of these cases of fraud involved problems with absentee ballots, which require no identification." A study by NYU's Brennan Center for Justice found in-person voter fraud to be "more rare than death by lightning," and a New York Times investigation found "virtually no evidence of any organized effort to skew federal elections."
Additionally, voter ID laws can disenfranchise voters -- particularly minorities, students, and the elderly. The Brennan Center conducted a poll which found that 11 percent of Americans say they do not possess government-issued photo identification, and this number includes "25 percent of African Americans, 16 percent of Hispanics, and 18 percent of persons aged 65 and older."
Although the study does not determine a causal relationship between exposure to Fox News and the false belief that voter fraud is common, this effect would not be surprising. Fox News frequently misinforms viewers about voter ID laws and the threat of voter fraud. Below is just a sample of the kind of slanted coverage Fox presents.
The University of Delaware study notes that so far, many Americans remain relatively unfamiliar with voter ID laws. According to the authors, this suggests that "support for voter ID laws is susceptible to political communication effects." Fox News, which often functions as the communications arm of the Republican Party, has not been shy about exploiting this vulnerability.
The Wall Street Journal editorial board falsely claimed that the Department of Justice is relying on outdated civil rights law in its current lawsuits against the voter suppression of Texas and North Carolina.
Baselessly claiming DOJ's efforts to block redundant and unnecessarily restrictive voter identification laws that discriminate on the basis of race are motivated by politics, the WSJ incorrectly claimed that DOJ was trying to "reverse" the Supreme Court's infamous Shelby County v. Holder decision. From the editorial:
For Eric Holder, American racial history is frozen in the 1960s. The Supreme Court ruled in June that a section of the 1965 Voting Rights Act is no longer justified due to racial progress, but the U.S. Attorney General has launched a campaign to undo the decision state-by-state. His latest target is North Carolina, which he seems to think is run from the grave by the early version of George Wallace.
The worst argument against such laws is that they must be racially motivated because there is so little evidence of voter fraud. Yet no less that former Justice Stevens said in his opinion in the Indiana case that "flagrant examples of such fraud in other parts of the country have been documented throughout this nation's history by respected historians and journalists, [and] that occasional examples have surfaced in recent years." Anyone who thinks voter fraud doesn't exist hasn't lived in Chicago or Texas, among other places.
It's telling that Mr. Holder prefers to file lawsuits rather than take up the Supreme Court's invitation to modernize the Voting Rights Act for current racial conditions. The Congressional Black Caucus has said it is working on a new formula for preclearance, but such legislative labor doesn't get the headlines that lawsuits against GOP-run states do.
The conservative wing of the Supreme Court gutted the Voting Rights Act in Shelby County when it overturned decades of precedent, ignored bipartisan congressional intent, and disregarded the text of the Fifteenth Amendment in order to dismantle the "preclearance" provisions of the VRA. These neutralized provisions - Sections 4 and 5 - required states with an engrained history of racially discriminatory voter suppression to "preclear" any subsequent election changes with DOJ or the courts before implementation.
Shelby County did not directly touch any other component of the VRA.
For example, despite the right-wing's obvious plan to drag this crown jewel of civil rights law back before the Supreme Court in the future, DOJ still has authority under the VRA to attempt to block voter suppression after legislative enactment, if no longer before. In addition to this after-the-fact enforcement powers under Section 2, DOJ also retains the ability to ask a court to once more place a jurisdiction shown to intentionally suppress the vote on the basis of race under the "preclearance" supervision of Section 3, similar but different to the process under Sections 4 and 5.
DOJ is seeking to block voter suppression in Texas and North Carolina using only those sections still intact after Shelby County. Contrary to the WSJ's claims, by litigating under Sections 2 and 3, DOJ is expressly not trying to "reverse" a decision that only affected Sections 4 and 5. It is, rather, making do with what is left of perhaps the nation's greatest civil rights achievement.
The Washington Post blithely suggested that Congress should "rewrite" the Voting Rights Act (VRA) rather than allow the Department of Justice to hold states accountable for voter suppression in federal court, seemingly oblivious to the government shutdown caused by the historic obstructionism of the GOP-controlled House of Representatives.
Although the conservative wing of the Supreme Court recently gutted significant protections for the right to vote in last summer's infamous Shelby County v. Holder, judges still have authority under the VRA to enjoin voter suppression after a discriminatory law is enacted. The Department of Justice is suing the states of Texas and North Carolina under these Section 2 powers, and if a court finds that the voter suppression attempted in either of these states was done with the intent to discriminate on the basis of race, Section 3 of the VRA could require these states to once again "pre-clear" their election changes.
In the middle of a Republican-caused government shutdown due to opposition to the Affordable Care Act, however, the Post opined that rather than sue states in court for clear violations of the VRA, it would be "easier and fairer" for Congress to "rewrite" those pre-clearance sections that Shelby County struck down. From the editorial:
EVER SINCE the Supreme Court gutted a key section of the 1965 Voting Rights Act, Attorney General Eric H. Holder's Justice Department has been trying to patch it, using the sections of the law that the court left in place to reconstitute the checks on discrimination that had existed for decades. The Justice Department's latest move, involving a challenge to odious new voting restrictions in North Carolina, demonstrates that Mr. Holder is committed to the effort. It also demonstrates why Congress, not the Obama administration, should be the branch of government offering the primary response to the court's ruling.
With a series of wins in cases such as North Carolina's, the Justice Department could reestablish the pre-clearance requirement in many places where it used to apply. The easier and fairer way to revive pre-clearance, however, would be for Congress to rewrite the formula for which places should be covered. The Supreme Court left lawmakers that latitude, and large bipartisan majorities in Congress historically have supported pre-clearance. If lawmakers want to get back to doing something productive, resuscitating the Voting Rights Act would be a good place to start.
Considering DOJ's obligations under the VRA, the Post's objection to legally holding states accountable for voter suppression would have been unnecessarily deferential to the legislative branch in any context. In the reality of a government shutdown, the Post's call that "[i]f lawmakers want to get back to doing something productive, resuscitating the Voting Rights Act would be a good place to start" is downright bizarre.
The National Review Online simultaneously questioned the legitimacy of the Affordable Care Act (ACA) and overstated the constitutionality of voter ID laws that require citizens to produce unnecessarily redundant photo identification.
In an attempt to normalize Republicans' refusal to accept a duly enacted law already ruled on as constitutional by the Supreme Court - a degree of obstructionism that The New Yorker recently observed was last seen in the wake of Brown v. Board of Education - the NRO recently defended the GOP shutdown of the government by comparing it to the opposition to overly stringent voter ID laws. From an October 3 column:
[H]ow many times in the past 24 hours have you heard [President Obama and congressional Democrats] or their allies make the argument that Obamacare is a settled issue because 1) it was enacted by duly elected federal lawmakers and signed by a duly elected president, 2) the U.S. Supreme Court said it passed constitutional muster, and 3) it was championed by a reelected Obama and opposed by a defeated Romney? That's not how republics work -- no issue is ever truly settled -- but more important it's not how these same folks behave on other issues.
Take voter ID. Many states, including my own North Carolina, have seen voter ID became law through the actions of duly elected state lawmakers and governors. The U.S. Supreme Court has recently ruled that voter ID passes constitutional muster. State officials enacting voter ID have subsequently been reelected. But in the eyes of the Obama administration, voter ID is about as far away from "settled" as an issue can be. Attorney General Eric Holder has just announced a lawsuit challenging North Carolina's new election law, including the photo-ID requirement. The Justice Department continues to pursue or threaten similar litigation in other states.
A fair comparison? I think so. But there is an important difference between Obamacare and voter ID. The former is unpopular. The latter is supported by the vast majority of voters, including most Democrats, independents, and minorities. So conservatives are fighting an uphill battle to defeat an unpopular law. Liberals are fighting an uphill battle (I suspect) to defeat a popular law.
NRO's false equivalence between the ACA and voter ID laws is awkward at best. The ACA is well-settled federal law of the land. The constitutionality of state voter ID laws, on the other hand, is still very much in doubt.
Fox News host Gretchen Carlson expressed shock over voter fraud realities during an interview with contributor Julie Roginsky, claiming "most states cannot brag about" the .00174 percent voter fraud rate in North Carolina. Contrary to Carlson's claim, the rate of voter fraud found in North Carolina is typical, and even higher than the nationwide rate.
On the September 30 edition of Fox News' The Real Story with Gretchen Carlson, Roginsky and guest Dee Dee Benkie joined Carlson in a discussion on the Justice Department's lawsuit against North Carolina over its strict new voting laws. Carlson was taken aback when confronted with the low rates of voter fraud in North Carolina, claiming, "that sounds like they're the best state in the nation, which I will look into after this show, because most states cannot brag about that":
Carlson should not be shocked. According to a study by News21, a part of the Carnegie-Knight Initiative on the Future of Journalism Education, "analysis of 2,068 alleged election-fraud cases since 2000 shows that while fraud has occurred, the rate is infinitesimal." Nationwide, cases of voter impersonation that resulted in convictions or guilty pleas accounted for about .00000013 of the 197 million votes cast for federal candidates between 2002 and 2005.
A state-by-state map reveals that the number of confirmed voter fraud cases in North Carolina is in step with many other states. Some states, like New York and Louisiana, have even lower rates. In Pennsylvania, where a voter ID law has been blocked several times, there have been five cases of voter fraud since 2000.
Rush Limbaugh conflated the constitutional right to vote with access to health care, using undocumented immigrants and their lack of health care to attack the Obama administration and mock criticism of voter ID laws. He also falsely asserted that the Affordable Care Act covers undocumented immigrants.
On his radio show, Limbaugh attacked the Obama administration as hypocritical for requiring proof of eligibility to access health care under the ACA while suing Arizona following the state's 2010 discriminatory "show me your papers" law. The Arizona law included a provision requiring state and local police officers to check the immigration status of anyone they suspected of being in the country illegally.
Limbaugh stated that it "is outrageous that you need a photo ID to get medical treatment," adding, "Where is the social justice? What are you trying to do, kill all the minorities?" He continued:
LIMBAUGH: You know what they're trying to do, they're trying to keep minorities from going to the doctor. This is doctor suppression. By requiring a photo ID to go to the - well if that's what they say about elections. If you need a photo ID to go vote -- Jesse Jackson says that's voter suppression. Well this is not just suppression. They're trying to keep minorities from getting treated.
He went on to falsely claim that the ACA already covers undocumented immigrants.
In fact, undocumented immigrants and legal immigrants who have been in the country less than five years are not covered under the ACA. As the National Immigration Law Center noted, these residents are not even allowed access to the health care exchanges to purchase private insurance at full cost. They are not eligible for subsidized health care or Medicare, nonemergency Medicaid, or the Children's Health Insurance Program (CHIP).
Immigrant activists and health care experts have repeatedly cited these facts as vital reasons to pass immigration reform. This population is one of the most vulnerable when it comes to health care. In fact, almost 7 million of the uninsured are undocumented immigrants, but Limbaugh chose to mock their plight to make a point about discriminatory voter ID laws.
Limbaugh has made similar statements in the past, claiming in September 2012 that requiring IDs at the Democratic National Convention meant that "apparently Democrats are trying to suppress their own delegates." This was also repeated on Fox News, where hosts complained Democrats were guilty of a "double standard" for requiring press to show ID at the DNC, a security measure to protect the president of the United States.
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.
Fox News hosted discredited right-wing activist Hans von Spakovsky to misleadingly claim that a voter ID law in Texas would make voting easier, despite a federal court's findings that the law was racially discriminatory and placed a high burden on low-income Americans.
The Department of Justice (DOJ) announced August 22 that it will sue to block Texas' attempt to reinstate a voter ID law that was previously voided on the grounds that it was racially discriminatory, explaining that it violates the Constitution and "was adopted with the purpose, and will have the result, of denying or abridging the right to vote on account of race, color, or membership in a language minority group."
Fox & Friends guest co-host Anna Kooiman interviewed von Spakovsky on August 30 to attack the DOJ's decision, during which von Spakovsky claimed that high minority voter turnout in the 2012 election proved that voter ID laws did not suppress the vote and that the DOJ "lost" when it attempted to fight a voter ID law in South Carolina. Kooiman pointed to von Spakovksy's assertion that voter ID cards actually "speeds up" the voting process, which he claimed is "exactly right."
Kooiman then implied that voter ID laws are not racially discriminatory in Texas because more white individuals in total are in poverty than Hispanics and blacks -- ignoring that fact that whites make up 80 percent of Texas' population, and so of course have more total individuals in poverty.
Von Spakovsky is a right-wing voter ID activist who has been exposed as resorting to shady tactics in his quest to limit voter participation, and his research on this topic has been thoroughly discredited. As Justin Levitt, previously of the Brennan Center, explained, von Spakovsky's misleading claim that high voter turnout means voter ID laws don't suppress voters is a "correlation-causation fallacy, and anybody who's had statistics for a week can talk to you about it." And von Spakovsky's claim that South Carolina offered a good model for Texas to fight the DOJ's challenge hid the fact that the court explicitly agreed with the DOJ's concerns that the South Carolina law could be racially discriminatory as enacted, and warned it would be blocked in the future if that occurred.
Furthermore, his claim that the use of state-issued identification cards to vote "speeds up" the process ignores the fact that this law disenfranchises American citizens. As MSNBC.com reporter Zachary Roth noted, according to Texas's data, "anywhere from 605,000 to 795,000 registered voters--between 4% and 6% of all registered voters in the state--lack the required form of ID."
And acquiring the qualifying identification in order to cast a regular ballot comes with a high cost, placing a burden on low-income voters -- a burden which falls "disproportionately" on African Americans and Hispanics living in Texas. The federal court that struck down Texas' law in 2012 found the "evidence conclusively shows that the implicit costs of obtaining [a] qualifying ID will fall most heavily on the poor and that a disproportionately high percentage of African Americans and Hispanics in Texas live in poverty."
As The Nation's Ari Berman noted, according to the DOJ's 2012 objection to the Texas law, "Hispanic voters [were] between 46.5 percent to 120 percent more likely than whites to not have the new voter ID" in Texas.