After right-wing folk hero Cliven Bundy was caught on camera delivering a racist tirade, Media Matters looks back at the conservative media figures who propelled him into the national spotlight.
Right-wing media are continuing to misinform about Schuette v. BAMN, the latest Supreme Court rejection of well-established civil rights law.
On April 22, in a splintered decision, the conservative justices of the Supreme Court effectively overturned decades of civil rights precedent and gutted a core component of equal protection law by reinterpreting the political process doctrine of the Fourteenth Amendment. This doctrine, based on Supreme Court cases from the civil rights era, prohibits restructurings of political systems to the specific detriment of a disfavored minority. The U.S. Court of Appeals for the Sixth Circuit found that the state of Michigan's 2006 ban on affirmative action violated this case law by removing this policy decision from the normal political system and writing it into the state constitution.
Contrary to right-wing media's framing of the case, Schuette was never about the propriety of affirmative action, although Michigan's ban has led to decreased minority enrollment and heightened racial tensions on campus. And as Justice Anthony Kennedy's controlling opinion in Schuette reaffirmed, race-conscious admissions policies in higher education remain constitutional. Still, Roger Clegg at National Review Online nevertheless called the case and its deleterious ramifications for the diversity of all future classrooms and students of color in particular "a big loss for racial preferences in the Supreme Court" and "a resounding win for the good guys."
Fox News' senior judicial analyst Judge Andrew Napolitano took it even further, saying that "the elites who run university systems think they know better than the voters do." When host Eric Shawn asked Napolitano about the precipitous drop in minority enrollment on Michigan campuses since the ban went into effect, Napolitano brushed him off, stating the Schuette decision "lets the voters go either way." He went on to claim that race-conscious admissions were antithetical to "that thing the Civil War was supposed to have resolved":
Right-wing media responded to news that Health and Human Services Secretary Kathleen Sebelius is resigning by lobbing personal attacks against the secretary and demonizing health care reform.
Fox News criticized the Supreme Court's decision not to hear a case involving a New Mexico photographer who was sued after refusing to serve a same-sex couple, inviting a hate group leader to condemn non-discrimination laws and asserting that prohibiting businesses from refusing service to gay people is a form of "involuntary servitude."
On April 7, the U.S. Supreme Court refused to hear an appeal from Elane Photography, a New Mexico studio that was sued under the state's non-discrimination statute after its owner refused to photograph a same-sex commitment ceremony. Though it's unclear what motivated the Supreme Court's decision, opponents of LGBT equality condemned the Supreme Court for allegedly refusing to protect religious liberty.
One of the Supreme Court's critics was Tony Perkins, president of the anti-gay hate group Family Research Council (FRC), who appeared on The Kelly File with Megyn Kelly to condemn New Mexico's non-discrimination law:
Conservative media's recent smear that surgeon general nominee Dr. Vivek Murthy is controversial because he supports doctors discussing safe gun ownership with their patients is curious given frequent complaints from right-wing media -- albeit false -- that health care reform posed a threat to the inviolable doctor-patient relationship.
From the March 25 edition of Fox News' America's Newsroom:
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On the eve of Supreme Court oral arguments over the Affordable Care Act (ACA) requirement that businesses offer insurance plans that include contraception coverage as part of their preventive services, Fox News judicial analyst Andrew Napolitano falsely claimed that abortion and euthanasia are part of this coverage.
On the March 24 edition of The Kelly File, Napolitano said of the case (emphasis added):
NAPOLITANO: As everybody knows, the Affordable Care Act requires anybody that employs 50 or more people to provide health care for them that includes contraceptive services. Contraceptive services means contraception, euthanasia, and abortion.
Napolitano is completely wrong. As the Kaiser Family Foundation explains, the preventive coverage includes "FDA approved contraceptives," and "abortion coverage is specifically banned from being required as part of the essential benefits package." The only drug approved by the FDA to induce abortion is not included in this coverage. Further, medical providers and insurance companies are legally protected under the Affordable Care Act if they choose not to provide euthanasia or assisted suicide services to patients.
The issues of abortion and euthanasia are not relevant to the cases currently before the Supreme Court. The cases -- two separate lawsuits involving Conestoga Wood Products and the craft-store chain Hobby Lobby -- focus on the question of whether corporations have the same religious protections as individuals. The companies have claimed they cannot be forced to provide health coverage for contraceptives as mandated by the ACA.
Watch the segment below:
Fox News legal analyst Andrew Napolitano made the evidence-free claim that Attorney General Eric Holder personally approved low-level Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) undercover stings that have recently come under criticism because of their use of faulty investigative techniques.
ATF storefront sting operations -- where undercover law enforcement agents set up sketchy storefronts to attract drugs and firearms which are then taken off the street -- came under scrutiny in January 2013 with the Milwaukee Journal Sentinel's investigative reporting on a Milwaukee sting known as Operation Fearless. According to the Journal Sentinel, Operation Fearless "resulted in a string of mistakes and failures, including an ATF military-style machine gun landing on the streets of Milwaukee and the agency having $35,000 in merchandise stolen from its store." A follow-up report identified six other problematic storefront stings conducted by ATF.
The ATF has acknowledged flaws in the storefront sting process and has issued new guidelines that aim to prevent future debacles. At the same time ATF has also pointed to more than 250 convictions obtained and over 1,300 firearms recovered as a result of the stings. The Department of Justice Office of the Inspector General is also conducting a review of four of the 37 undercover storefront operations conducted by ATF. The ATF is cooperating with the investigation and currently has no active storefront sting operations.
Fox News is trying to pin the blame for the failed stings on Holder. On the March 4 edition of Fox & Friends, co-host Steve Doocy introduced the idea of Holder's supposed involvement in the stings by stating, "So it's a dumb idea, it's a bad idea, it's an illegal proposition. Okay, who's at the head of the Department of Justice? Eric Holder. Would this have been approved by him?"
Napolitano replied, "I don't know personally if it was approved by him, but it's almost inconceivable after Fast and Furious that something of this magnitude could happen without him knowing. In fact, I'm going to go out on a limb and say he had to approve it because it involved too much expenditure of money and too much manpower. They set it up in 40 different cities."
This baseless accusation is the latest attempt by Fox News to use failed ATF law enforcement operations as a way to bludgeon Holder.
From the February 24 edition of Fox News Radio's Tom Sullivan Radio Show:
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Right-wing media continue to pretend that dozens of conservative lawsuits challenging various provisions of the Affordable Care Act (ACA) are principled legal challenges to supposed overreach from the Obama administration. In reality, these lawsuits are radical attacks on well-established law, and have been widely rejected by both legal experts and the courts.
Fox News stoked fears about the security of HealthCare.gov, all but ignoring the fact that a top official testified to Congress on January 16 that the website is secure.
The January 16 edition of Special Report with Bret Baier featured a panel discussion on the security of the health care website consisting of Fox News contributor Charles Krauthammer, Fox News Legal Analyst Andrew Napolitano, and frequent Fox guest A.B. Stoddard. Baier and his guests roundly panned the website's security, relying on testimony by cyber security expert David Kennedy, who claimed that HealthCare.gov remains insecure:
From the January 16 edition of Fox News' Fox & Friends:
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2013 was an epic year of right-wing media misinforming the public on the health care debate, particularly on women's health issues. Ignoring women's health experts, conservative media spent this year stoking fears about everything from birth control to maternity care, ignoring science, distorting state and federal regulations, and demonizing women's health care options in the process. These are the top six scare tactics from 2013.
Pope Francis pushed back on attacks from conservative media figures who described him as a "Marxist" after he commented on wealth inequality.
Pope Francis recently released Evangelii Gaudium, which included criticisms of the "idolatry of money" and wealth inequality around the world. In response, numerous conservative media figures attacked him.
Rush Limbaugh described the Pope's writings having "gone beyond Catholicism" and into "pure Marxism."
Other conservative media figures soon followed suit. Fox Business host Stuart Varney said the Pope was engaging in "neo-socialism" while Fox News senior judicial analyst Andrew Napolitano said the document "reveals a disturbing ignorance" by the Pope. FoxNews.com called him "the Catholic Church's Obama," adding, "God help us."
In an interview with Italy's La Stampa newspaper, Pope Francis defended his remarks: "Marxist ideology is wrong. But I have met many Marxists in my life who are good people, so I don't feel offended." He added, "There is nothing in the exhortation that cannot be found in the social doctrine of the church."
The Pope expanded on his critique of "trickle-down" economics, noting that "The promise was that when the glass was full, it would overflow, benefitting the poor. But what happens instead, is that when the glass is full, it magically gets bigger nothing ever comes out for the poor."
After Pope Francis released his first apostolic exhortation -- in which he criticized global inequalities of wealth and the tenets of so-called trickle-down economics -- right-wing media went on the attack, characterizing the pope's treatise as "disturbingly ignorant" and "pure Marxism."