Despite having no apparent understanding of Supreme Court precedent, Fox News host Bill O'Reilly still managed to accuse Supreme Court Justice Sonia Sotomayor of being wrong about civil rights law.
On April 22, the conservative justices of the Supreme Court effectively overruled an important strand of equal protection jurisprudence in Schuette v. BAMN, upholding a voter-approved state constitutional amendment that banned the consideration of race in admissions at Michigan's public universities. Right-wing media were enthusiastically supportive of the decision as they simultaneously insulted the intelligence of Sotomayor, and O'Reilly was no exception.
On the April 24 edition of The O'Reilly Factor, O'Reilly dedicated his "Talking Points Memo" segment to praising the Court's decision in Schuette. O'Reilly's misunderstanding of that decision, as well the Court's prior case law, became immediately apparent when he erroneously claimed affirmative action policies violate the equal protection clause of the 14th Amendment because "if an individual American gets a preference, then he or she is not being treated equally with everyone else."
O'Reilly went on to argue that Sotomayor, who wrote a powerful dissent in Schuette, "is clearly wrong, constitutionally speaking":
From the April 24 edition of Fox News' Special Report with Bret Baier:
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After Mitt Romney's loss in the 2012 presidential election, the GOP acknowledged it needed to change its stance on immigration and Hispanic outreach. But conservative media figures lashed out at Jeb Bush after he expressed compassion for undocumented immigrants.
To hear conservative media tell it, the resignation of Mozilla CEO Brendan Eich following an outcry over Eich's support for the 2008 referendum that banned same-sex marriage in California is merely the latest sign that a new era of anti-conservative persecution has arrived. That narrative undergirds the right's campaign against LGBT equality and is essential to understanding conservative support for measures that would enshrine anti-LGBT discrimination into law.
On April 3, just two weeks into his tenure, Eich announced his decision to step down as Mozilla's CEO. The revelation that Eich had contributed $1,000 to the anti-marriage equality Proposition 8 campaign had triggered fierce criticism from Mozilla employees, companies like OkCupid, and gay rights activists. As Slate's Mark Joseph Stern noted, the campaign for Proposition 8 was about far more than a simple disagreement over the definition of marriage. Supporters ran stridently homophobic ads accusing gay people of wanting to turn children gay, "mess up" children by introducing gay marriage into the curriculum, and conceal the truth about marriage and reproduction.
The virulently anti-gay propaganda behind the Prop 8 campaign - and the measure's subsequent passage -served to compound the sense of vulnerability among the gay community, which faces discrimination in housing, healthcare, public accommodations, and earnings, and is disproportionately targeted by hate crimes. Given the vitriol that motivated the Prop 8 fight, many supporters of LGBT equality objected to Eich's appointment to Mozilla CEO.
In the right-wing universe, however, it's conservative Christians whose rights are under assault. While Eich's decision to resign was an example of the free market at work - precisely the solution many libertarians and conservatives have long prescribed for anti-gay bigotry - conservative media figures greeted his departure with cries of totalitarianism and bigotry, condemning the "intolerant" LGBT movement for its role in the controversy.
Rush Limbaugh wasted no time in comparing Eich's critics with Nazis, declaring on his April 4 program that "'[f]ascist' is probably the closest way" to describe them (emphasis added):
When it was discovered that Brendan Eich had donated a $100 [sic] to Proposition 8 four years ago, the literal... What is the proper name for people who engage in this kind of behavior? "Fascist" is probably the closest way. You can call 'em Nazis, but nevertheless they went into gear, and immediately Brendan Eich was described as "filled with hatred" and anti-gay bigotry all over the tech media.
Breitbart.com's Ben Shapiro sounded a similar note, launching an anti-Mozilla campaign on his website TruthRevolt.org to protest the company's "fascistic crackdown":
From the April 2 edition of MSNBC's The Ed Show:
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From the April 1 edition of Fox News' Special Report:
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Determined to undermine positive news about successful enrollment in health coverage through the Affordable Care Act, Fox News drastically downplayed the number of previously uninsured Americans who have gained coverage through the ACA.
As Sen. Rand Paul (R-KY) woos young voters ahead of an expected 2016 presidential bid, it's become conventional wisdom among many Beltway pundits that Paul could broaden the GOP's appeal with his ostensibly tolerant views on social issues - never mind that that this narrative is completely divorced from Paul's traditional conservative positions on such topics.
Paul's effort to win over Millennials and other constituencies historically suspicious of the GOP came to the fore with his March 19 speech at the University of California, Berkeley, where Paul condemned government surveillance programs as a threat to privacy.
The chattering class proclaimed that the speech was emblematic of Paul's appeal as an unconventional, "intriguing" Republican. And despite Paul's conservative stances on issues like marriage equality, reproductive choice, and creationism, many media outlets have also pointed to Paul as the kind of candidate who could help move the GOP away from its hardline social positions. It's a narrative that even some of Paul's conservative critics have come to accept, as Charles Krauthammer showed when he called Paul "very much a liberal on social issues."
A look at media coverage of Paul helps explain where Krauthammer got that notion.
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.
Right-wing media personalities continued their tradition of attacking President Obama for filling out NCAA college basketball brackets, this time attacking Obama for filling it out while Russia annexed Crimea.
Fox News attempted to distinguish between Chief Justice John Roberts and civil rights litigator Debo Adegbile by arguing that Adegbile is unqualified to pass Senate nomination because his defense of a murderer was politicized, due to his alleged participation in rallies supporting his former client. However, Fox is conflating Adegbile with a former colleague of his, who GOP senators suggested had politicized the trial of his former client, Mumia Abu-Jamal.
On March 5, the Senate procedural vote that would have allowed a confirmation vote on Adegbile's nomination to head the Civil Rights Division of the Department of Justice (DOJ) failed, despite the fact that Adegbile is a mainstream nominee who is regarded as one of the preeminent civil rights experts of his generation by a wide spectrum of authorities, including law enforcement executives and the American Bar Association. The Senate's failure to confirm Adegbile reflects right-wing media attempts to distort his record with lies about his background and racially charged attacks, which have included labeling Adegbile a "cop killer's coddler" and a "cop-killer advocate." These attacks reference Adegbile's defense of Mumia Abu-Jamal, whose death sentence was successfully contested by the NAACP Legal Defense Fund (LDF), which Adegbile headed at the time.
In light of the blocked confirmation, many have pointed out that defending a reprehensible murderer has not been a disqualifier for other high-profile government nominees, such as current Supreme Court Chief Justice John Roberts, who also once represented a death-row inmate convicted of killing eight people in Florida.
On the March 5 edition of Fox News' Special Report, host Bret Baier attempted to distinguish Justice Roberts from Adegbile by arguing that Adegbile, unlike Roberts, "became more political in his support" of his client. Fox contributor Charles Krauthammer concluded that blocking Adegbile's confirmation was "the right thing," because although Adegbile "didn't choose the case," "the one thing that sways it here is that he participated in rallies":
Fox News' Charles Krauthammer argued that the Obama administration is "unwise" for taking all U.S. military action "off the table" in response to Russia's recent invasion into Ukraine -- an apparent 180º from his position on military action when Russia invaded Georgia during President Bush's tenure.
On the March 4 edition of Fox News' Special Report with Bret Baier, Baier reported that in response to Russia's invasion of the Crimea region of Ukraine, "U.S. officials say they still see no scenario, no scenario, involving military action of any kind." Fox contributor Krauthammer scoffed at the administration's stance against the use of military force, arguing "I think that's unwise to take everything off the table. What if there's a full-scale invasion all the way to Kiev? You're going to do nothing?"
Fox attempted to revive the lie that the Affordable Care Act contains health care rationing in the form of "death panels" by pushing misleading claims about the law's prescription drug coverage.
On Fox's Special Report, guest host Doug McKelway asked the show's panel about a provision in the ACA that he claimed "is drastically limiting the availability of some drugs." Fox contributor Stephen Hayes claimed "patients with diseases and conditions that require medication not approved by Washington bureaucrats" may "have to go without it with potentially very serious implications." McKelway asked if the prescription drug provisions were "rationing or, as some people have said, the so-called death panels." Fox contributor Charles Krauthammer concluded: "We're learning how much rationing is the essence of Obamacare -- the rationing of doctors, the rationing of hospitals. Here we begin to understand the rationing of drugs. Next, and in the end, will be rationing of care."
Fox's description of the ACA's prescription drug coverage is misleading, and McKelway's "death panel" reference is outright irresponsible. The reality is that the way the ACA treats prescription drug coverage is in line with how private insurance companies have handled coverage for years.
Although Fox omitted it from its coverage, the ACA actually expands prescription drug coverage, including it as one of the 10 essential health benefits that all plans must provide. But just like the vast majority of currently offered health plans, plans offered under the ACA's health care exchanges will not provide full coverage to every prescription drug. These plans will be offered along with what's known as a drug formulary, a guide to what drugs the plan covers and how they cover it. As Think Progress' Igor Volsky pointed out, the use of a drug formulary is standard practice among health care plans:
Under the law, insurers must offer drug benefits as part of 10 essential health care benefits, meaning that millions of uninsured Americans will now have drug coverage for the very first time. But the coverage won't be limitless. Insurers will continue to rely on drug formularies -- as they currently do in the private market and Medicare Part D -- to decide which prescriptions are covered and which are not.
The ACA requires that issuers provide the greater of one drug from each category or class, or offer as many drugs in each category as are covered by a benchmark plan. The law allows states the choice of four different benchmarks, which Gottlieb helpfully lists in his article: 1) One of the three largest small group plans in the state by enrollment; 2) one of the three largest state employee health plans by enrollment; 3) one of the three largest federal employee health plan options by enrollment; or 4) the largest HMO plan offered in the state's commercial market by enrollment.
States -- not the federal government -- select the benchmark and insurers then offer coverage for the drugs listed in those formularies. "What the vast majority of states have chosen is a common small business plan, so you know it's saying what will be available in the exchanges and in the individual market generally is what's popular among small businesses now and that seems like a reasonable place to start," the Kaiser Family Foundation's Larry Levitt explained.
The law also has provisions for people who rely on a drug that isn't covered by their plan's formulary. Patients can apply for exceptions in the case of medical need:
What if a drug I take is not on the list?
Your doctor can ask for an exception for medical need so that the insurer will cover it. The Centers for Medicare and Medicaid Services is encouraging insurers to respond to such requests within three days. If your request is denied, you can go through your state's appeals process, which usually is handled by insurance regulators. If you still can't get coverage and need to take the drug, you'll have to bear the full cost out of pocket, as it won't count toward your deductible or your co-insurance maximum.
Right-wing media accused President Obama of unprecedented overreach resembling that of a "dictator" for the ordinary administrative agency rule-making process surrounding the implementation of the Affordable Care Act's (ACA) employer mandate.
Fox News contributor Charles Krauthammer misleadingly claimed that the Congressional Budget Office (CBO) is projecting that the Affordable Care Act (ACA) won't reduce the uninsured population. In fact, the CBO's projections show that the ACA cuts the number of uninsured nearly in half by 2017.
On the February 12 edition of Fox News' Special Report, Krauthammer claimed that the new CBO projections from the report show that the law won't reduce the number of uninsured people:
KRAUTHAMMER: [Y]ou get this crazy paradox where the CBO, the Congressional Budget Office, has projected that the number of uninsured Americans in 10 years will be 31 million. When Obama launched Obamacare in 2009, he explained the moral imperative was because there were 30 million uninsured Americans. So here we're going to go through a complete revolution of one-sixth of the U.S. economy, the dislocation of doctors, hospitals, patients, and plans everywhere, including insurers, in order to achieve a result in a decade where we have essentially the same number of uninsured. So what was this all about?
But Krauthammer is wrong in claiming that the ACA will not change the number of uninsured Americans. There are different ways of counting the uninsured, and the president in 2009 was using a far more conservative number than the CBO uses in its report. As Jonathan Cohn explained in The New Republic when debunking a similar claim:
[C]onservatives would have you believe CBO thinks the new health law won't put a real dent in the number of uninsured. That's not at all what CBO said.
CBO actually starts with a much higher baseline for the number of uninsured -- 57 million non-elderly Americans -- because of the data it uses. (Estimates of the uninsured vary a lot depending on which survey you choose and how you define the term.) And the Affordable Care Act, according to CBO, will reduce that number significantly. Without the law, CBO says, the number of uninsured Americans would stay at roughly 57 million. But thanks to the various coverage expansions -- not just the creation of new private insurance marketplaces, but also the expansion of Medicaid and ability of young adults to stay on their parents' plans--the number of uninsured will decline markedly. By 2017, according to CBO, Obamacare will have reduced the number of Americans without insurance by nearly half -- or more, if you don't count undocumented workers.