From the July 25 edition of Fox News' Special Report with Bret Baier:
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After initially misreporting and downplaying the damage done to the Voting Rights Act (VRA) by a recent Supreme Court decision, Fox News almost completely ignored the law until the Department of Justice (DOJ) indicated it will once again be enforced.
As was expected by election law experts, Attorney General Eric Holder has announced that the DOJ will once again enforce the VRA against Texas' recent changes to its election practices, which federal courts have already blocked as racially discriminatory. Because these previous injunctions were based on the "preclearance" powers of Sections 4 and 5 of the VRA -- now nullified by the Supreme Court's 5-4 ruling June 25 in Shelby County v. Holder that Section 4 was outdated -- the DOJ is bringing its new lawsuit under a different provision, Section 3.
Despite host Shannon Bream's promise to keep her panel "straight," a segment on the July 25 edition of Fox News' America Live featuring conservative Washington Post columnist Marc Thiessen inaccurately explained the new VRA action and repeated long-debunked GOP talking points on voter ID.
Thiessen's claim that voter ID laws "don't disenfranchise anybody" because there are ID requirements for other government services that are not fundamental constitutional rights is not only a silly comparison, it's sloppy.
The Washington Times declared the real "obstacle to civil rights" is Attorney General Eric Holder and "offensive provisions" of the Voting Rights Act (VRA), not voter suppression.
Despite right-wing media's incessant, tone-deaf, and inaccurate discussion of race and civil rights in America in the aftermath of the George Zimmerman trial, conservative outlets have barely reported on Congress' current attempts to fix the VRA.
On the same day that The Times' editors dismissed President Obama's historic speech on the killing of 17-year-old Trayvon Martin by claiming "the only things the president had in common with Trayvon was a skin of a dark hue and a fondness for partying and smoking pot," the editorial board touched on the issue and claimed the real "threat to voting rights" was Congress' preliminary attempts to remedy the damage to the VRA caused by the infamous Shelby County v. Holder decision. From the July 23 editorial:
Democrats in Congress are trying to restore the offensive provisions of the Voting Rights Act as though the Supreme Court had not declared them unconstitutional. The legislative scam was put on display at a Senate Judiciary Committee hearing, with the legislation presented as the usual liberal morality play, "From Selma to Shelby County: Working Together to Restore the Protections of the Voting Rights Act."
When the voting law comes up for consideration, Republicans shouldn't be bullied into restoring provisions that would block voter-ID statutes enacted by the states. Much to the chagrin of congressmen looking for cheap and easy votes, Jim Crow lies in a graveyard in Alabama, and he isn't coming back. There's not a single Southern governor left standing in a schoolhouse door. The obstacle to civil rights is [Attorney General Eric] Holder, who wants to keep the backdoor of the polling station unlocked to make it easier to dilute the integrity of the ballot.
Continuing the recent trend in right-wing media, The Times pretends that Congressional concern for the VRA after the conservative justices in Shelby County gutted its most important provisions is only a "liberal morality play." In fact, the VRA has a long history of overwhelming bipartisan support, reauthorized most recently by President George W. Bush in 2006. After Shelby County was decided, House Majority Leader Eric Cantor (R-VA) immediately "signaled a concrete interest in repairing the parts" of the VRA that were struck down. More significantly, conservative Congressman Jim Sensenbrenner (R-WI) is actively leading the current bipartisan effort to repair the historic civil rights law.
The Times, however, followed the lead of Fox News and avoided any mention of Sensenbrenner's prominent involvement. Instead, The Times chose to focus on encouraging members of Congress to show "backbone," even if they are "called a racist," and refuse to reauthorize the sections of the VRA that successfully blocked racially discriminatory voter ID laws in the last election cycle.
Seventeen months after Fox News became briefly fixated on Republican claims that hundreds of dead voters had cast ballots in South Carolina, those allegations have been completely debunked by an investigation by law enforcement that found no evidence of voter fraud.
The South Carolina "dead voter" claim sprang from testimony from Kevin Schwedo, the director of the state's Department of Motor Vehicles, who said on January 11, 2012, that more than 950 residents were recorded as having cast a vote after their reported death date. Schwedo made clear that this could have been the result of data errors or voters dying after casting an absentee ballot, but the state's Republicans, led by Attorney General Alan Wilson, seized on the report as evidence of widespread voter fraud.
Wilson took his campaign to Fox News, where he received a platform for softball interviews from several anchors. The network used the "dead voter" story to promote South Carolina's voter ID law, which had been blocked by the Justice Department.
Again, these claims were always dubious - deceased voter fraud claims are often revealed as unfounded, the result of data errors or other explanations.
Indeed, on July 3 the public release of an investigation by the South Carolina Law Enforcement Division (SLED) provided the answer we anticipated: No voter fraud was found, no charges filed. As of noon E.T. on July 8, Fox had not reported on those findings.
From the July 1 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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Right-wing media are offering multiple false reassurances to those outraged at the Supreme Court's attack on voting rights in Shelby County v. Holder, while failing to report on the progress of one possible fix.
In the aftermath of Shelby County, which held that Congress' extensive 2006 findings of ongoing voter suppression did not justify the Voting Rights Act's formula for determining which jurisdictions with a history of racial discrimination must "preclear" their election changes, right-wing media are incorrectly claiming that this decision will not have an adverse effect on voting rights.
Repeating the lie that the preclearance requirement in Section 5 of the VRA - gutted when the Supreme Court invalidated the formula within Section 4 that determines which jurisdictions are subject to it - was insignificant, right wing-media continue to argue that only a "small part" of this historic civil rights law was struck down.
In their day-after analysis of Shelby County, the editors of the National Review Online proclaimed the preclearance process to be "worthless," adding "[t]he decision brings an end to the automatic and perpetual punishment of states that are guilty of crimes in decades past. It does nothing else."
On the June 26 edition of America Live, Fox News host Megyn Kelly dismissed the idea that "racism was given the stamp of approval officially by the Supreme Court yesterday." Her guest, NRO contributing editor Andrew McCarthy, repeated the right-wing myth that voter suppression that engages in systematic racial discrimination "has long ago passed to the dustbin of history" and progressives who cannot recognize its demise are demagogues and "race hucksters." From America Live:
Right-wing media marked the Supreme Court's devastating Shelby County v. Holder decision by ignoring, trivializing, and downright misrepresenting its dire consequences for one of the most effective civil rights laws of all time, as well as for millions of American voters.
Tossing aside history, legal precedent, and congressional intent, the conservative bloc of the Supreme Court gutted the Voting Rights Act (VRA) of 1965 in Shelby County, a sharply split 5-4 opinion by Chief Justice John Roberts. In a twisted reading of this crown jewel of civil rights law, the conservative majority invalidated the provision within the VRA that prevents states and local jurisdictions from enacting racially discriminatory election practices, reasoning that this vital protection against voter suppression is instead an impermissible restriction on the highly dubious "equal sovereignty" of southern states.
Rather than acknowledge the documented voter suppression that the VRA has effectively and consistently kept at bay from the voting rights struggles of the civil rights era through the 2012 elections, right-wing media are echoing the Supreme Court's blow to the VRA, misrepresenting Shelby County as something other than an attack on the American right to vote.
Fox News host Jon Scott, in a Happening Now segment leading off Fox's coverage of the decision, chose to trivialize and confuse the radical decision as "the president took another shot you might say, a bit of a smackdown" by the Supreme Court. The consequences stretch much further than that.
Contrary to this horserace description, the VRA has never been a political manifestation of the executive. The VRA is rather Congress' chosen bipartisan method to effectuate the right to vote in the Fifteenth Amendment of the U.S. Constitution, repeatedly updated and reauthorized because of incessant and ongoing voter suppression, and upheld as constitutional four separate times by the Supreme Court.
Nevertheless, later in the day, Fox News senior legal analyst Andrew Napolitano continued in the vein of his colleague by astonishingly asserting "nobody is seriously claiming today...that there is systematic efforts on the part of the government in the south to keep people of color from voting."
Instead, right-wing media figures like Rush Limbaugh chose to tout the decision as a victory against people who allegedly discriminate against whites, such as the "civil rights community" that wants "perpetual discrimination."
Fox's Andrew Napolitano ignored the Voting Rights Act's recent history of protecting voters from racially discriminatory measures to celebrate the Supreme Court's decision to strike down one of the Act's key provisions.
On the June 25 edition of Fox News' America Live, Fox senior legal analyst Andrew Napolitano discussed a Supreme Court decision to strike down Section 4 of the Voting Rights Act. The section established a flexible formula for demonstrating voter suppression among jurisdictions that then required those areas to "pre-clear" changes to voting laws with the Department of Justice. Napolitano applauded the decision, citing the Court's opinion that the section "worked so well" that "the procedure is not necessary anymore. The conditions that caused Congress to create that procedure have been eradicated by the procedure." When host Megyn Kelly pointed out criticism from civil rights leaders to the decision, Napolitano responded, "It would have been a major setback had this been invalidated in 1965 when it was enacted, but no one is seriously complaining today":
Despite Napolitano's claims to the contrary, the Voting Rights Act has continued to protect voters from discriminatory voting changes. Legal analyst Andrew Cohen criticized the decision in a post at The Atlantic, noting that Section 4 was "invoked more than 700 times between 1982 and 2006 to block racially discrimination [sic] voting measures." A Mother Jones article quoted Justice Ruth Bader Ginsburg who, in her dissent to the decision, pointed out "eight examples of race-based voter discrimination in recent history" such as:
Fox Business host Stuart Varney baselessly suggested non-citizens will now be compelled to vote as the "end result" of the Supreme Court's decision that Arizona cannot trump federal election law and make it harder for its citizens to register to vote.
In its 7-2 decision in Arizona v. Inter Tribal Council, the Supreme Court rejected Arizona's argument that its state registration law is immune to the federal National Voter Registration Act (NVRA) of 1993, an "open and shut" decision authored by conservative Justice Antonin Scalia that was handed down only three months after oral arguments.
Varney, however, responded to the breaking news that the Court had struck down yet another unconstitutional Arizona law by claiming the decision would not only allow non-citizens to vote, they will now go forth and do so. His guest, Fox News senior legal analyst Andrew Napolitano, while admitting Arizona has a terrible record at enacting constitutional legislation, added to the misinformation by incorrectly asserting "the states decide what the standards are for voting." From the June 17 edition of Varney & Company:
At various points throughout Breakthrough, the new memoir/manifesto by conservative "sting" video auteur James O'Keefe, the reader is informed that O'Keefe's mission is to "save democracy," "save the 2012 election," "revive investigative journalism," and, most ambitiously, "change the world." It's an outsized view of what one can accomplish with some silly costumes and cameras concealed in neckties. And by O'Keefe's account, he's been just about flawless in exposing the most sinister and corrupt establishments of the American political system.
Then there's the reality of what O'Keefe has actually accomplished. He has more than a few scalps -- an executive at NPR, the field director of Rep. Jim Moran's (D-VA) 2012 campaign, ACORN. He's been on TV quite a lot, he was honored by the House of Representatives, and New Hampshire passed a restrictive voter ID law as a consequence of his work. His penchant for trimming otherwise damning videos of exculpatory material has brought down scathing condemnations from journalists across the ideological spectrum.
Can any of this really be considered saving democracy? Did he save the 2012 election? Has he changed the world?
Unless, of course, you view the world as James O'Keefe does. In this terrifying alternate reality, ACORN "help[ed] bring the economy to its knees" in 2008 and was the "General Motors" of the "election fraud business." It's a world in which voter fraud is so rampant that Sen. Al Franken stole his 2008 election with the help of "more than a thousand ineligible felons" who "voted illegally." O'Keefe's existence is filled with "totalitarians" and "anti-journalists" who oppose him -- from President Obama to Media Matters to the administrative staff of Rutgers University -- and his only friend is the little voice that says: "All roads lead to truth. All roads lead to Breitbart. Go there."
From the May 24 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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Fox News contributor and National Review columnist John Fund fabricated a link between voter suppression and IRS employees inappropriately singling out tea party and conservative groups' applications for tax-exempt status, claiming that such scrutiny by the IRS is the "real" form of voter suppression.
Fund still claims that voter suppression as commonly understood - attempts to prevent certain members of the public from voting - did not take place during the 2012 elections, despite widespread reports of such efforts fueled by restrictive voter ID laws.
On the May 21 edition of Lou Dobbs Tonight, Fund stated that "there was a lot of ridiculous charges about voter suppression in the last election even though black turnout was higher than white turnout." Fund again denied the existence of voter suppression in a May 23 editorial in the National Review Online, stating that allegations of voter suppression"proved to be twaddle."
In fact, research shows that there were widespread attempts to suppress the vote in the 2012 elections. Supporters of voter ID laws, the most common voter suppression measures, claimed that they would combat "voter fraud." However, such fraud is virtually non-existent.
Acknowledging that concern for voter fraud is a pretext, some state officials admitted that voting restrictions were enacted to influence the outcome of the election. For example, Florida officials acknowledged that efforts to curb access to early voting were intended to decrease Democratic votes:
Wayne Bertsch, who handles local and legislative races for Republicans, said he knew targeting Democrats was the goal.
"In the races I was involved in in 2008, when we started seeing the increase of turnout and the turnout operations that the Democrats were doing in early voting, it certainly sent a chill down our spines. And in 2008, it didn't have the impact that we were afraid of. It got close, but it wasn't the impact that they had this election cycle," Bertsch said, referring to the fact that Democrats picked up seven legislative seats in Florida in 2012 despite the early voting limitations.
Another GOP consultant, who did not want to be named, also confirmed that influential consultants to the Republican Party of Florida were intent on beating back Democratic turnout in early voting after 2008.
In 2008 Democrats, especially African-Americans, turned out in unprecedented numbers for President Barack Obama, many of them casting ballots during 14 early voting days. In Palm Beach County, 61.2 percent of all early voting ballots were cast by Democrats that year, compared with 18.7 percent by Republicans.
Right-wing media fabricated a conspiracy that "pro-Obama groups" will be able to steer health care reform insurance applicants to register to vote as Democrats, ignoring a 1993 law that requires programs offering public assistance to include questions about voter registration.
Right-wing media outlets like The Washington Examiner, the Daily Caller and The Washington Times reported that a draft application for health insurance through the health care reform law twice asked if an applicant wished to register to vote. They claimed that organizations who may register Americans for health insurance through health care reform may steer applicants "to register with the Democratic Party."
On Fox & Friends, co-host Gretchen Carlson similarly fearmongered over "the bigger concern" for health care reform insurance applicants that "pro-Obama groups...would steer them to register as Democrats":
In fact, such voter registration questions on the draft application are required under law. A portion of the National Voter Registration Act of 1993, otherwise known as the "Motor Voter Act," requires that programs that offer public assistance benefits, like the Medicaid benefits and tax credits contained in the draft health care reform insurance application, must offer voter registration:
Section 7 of the Act requires states to offer voter registration opportunities at all offices that provide public assistance and all offices that provide state-funded programs primarily engaged in providing services to persons with disabilities. Each applicant for any of these services, renewal of services, or address changes must be provided with a voter registration form of a declination form as well as assistance in completing the form and forwarding the completed application to the appropriate state or local election official.
President Obama has nominated Thomas E. Perez as Secretary of Labor. Right-wing media used this announcement to push false attacks about Perez based on his service in the Justice Department's Civil Rights Division and other civil rights work and advocacy.
Since the summer of 2010, the right-wing media has been obsessively promoting the absurd non-scandal involving the New Black Panther Party, in which the Obama Justice Department was alleged to have dropped voter intimidation charges against the fringe group owing to racial and political solidarity. One of the primary movers of this farce has been Jennifer Rubin, who authored one of the first reports on the story for The Weekly Standard and continued to write at length about DOJ's alleged perfidy at her Washington Post blog.
This month, the Justice Department's inspector general released the results of their investigation into the New Black Panthers affair and confirmed what everyone already knew to be true: the allegations against DOJ were bunk. Rubin is excitedly waving this report around, claiming it reflects poorly on President Obama's reported Labor Secretary nominee, and determinedly ignoring the parts that show pretty much every word she wrote about the New Black Panther story was rooted in falsehood.
Since the DOJ's Office of the Inspector General (OIG) released its report, Rubin has written two Washington Post blog posts touting its findings to attack Perez. In a March 12 post, she wrote: "I won't revisit all the behavior of the Obama Justice Department but a nearly-300 page report has been released by the administration's own inspector general. The IG went out of the way to be even-handed, even when there was substantial evidence of politicization." The next day, she briefly referenced the OIG report's findings on the New Black Panther case, writing:
The IG declined to find a racial or political motive for dismissing the New Black Panther case but found actions surrounding that action "risked undermining confidence in the non-ideological enforcement of the voting rights laws." In other words, it sure looked partisan.
Rubin's twisted construction of the IG "declin[ing] to find a racial or political motive" is fairly comical, given how invested Rubin was in the existence of those motives. Again, she was one of the main drivers of this story. She wrote a lengthy Weekly Standard article in June 2010 (before J. Christian Adams resigned from DOJ claiming racially charged "corruption" in the case, which blew up the story) alleging that the "Obama Justice Department went to bat for the New Black Panther party -- and then covered it up." As the story slowly fell to pieces, Rubin held firm, insisting the critics were wrong. "The issue is whether a meritorious claim of voter intimidation was dismissed under pressure from left-leaning civil rights groups," she wrote in January 2011, "and whether there is reason to believe there is a sentiment against a color-blind application of civil rights laws."