Fox News' Special Report promoted "GOP alternatives" proposed by Republican presidential hopefuls that would supposedly replace the Affordable Care Act if the Supreme Court strikes down the law's health insurance tax credits. But Fox's flagship program glossed over the fact that the GOP alternatives would not repair the damage and leave millions of Americans without health care coverage.
On March 4, the U.S. Supreme Court heard the opening arguments of the King v. Burwell case. The case involves whether the language of a subclause in the ACA, "Exchanges established by the State," could prevent the IRS from providing tax credits to consumers who purchased insurance over the federal exchange.
During the March 11 edition of Special Report, Fox senior political correspondent Mike Emanuel highlighted "alternatives" proposed by GOP presidential contenders. The proposals ranged from former Florida Gov. Jeb Bush's plan to shift health care choice back states, to Texas Sen. Ted Cruz's plan to repeal ACA:
But none of the plans promoted by Fox proposed a way to help the millions of Americans left without a way to purchase affordable health insurance. As US News & World Report's Robert Schlesinger writes, the GOP "has yet to produce a plan encompassing the latter half of their 'repeal-and-replace' mantra."
Nevertheless, despite the lack of a solution for this potential human and economic disaster, right-wing media continue to baselessly pretend there is a fallback plan in the event this attack on the ACA is successful.
A RAND Corporation study released in February found that, if the Court rules against the federal exchanges, 8 million people would lose their coverage, and unsubsidized health insurance premiums would increase by 47 percent.
Fox News consistently pushes fears of government "land grabs" surrounding environmental regulations. But the network celebrated the recent court decision allowing TransCanada to force construction of the Keystone XL pipeline on private land -- with no mention of the threat to landowner rights.
The Nebraska Supreme Court recently overturned a lower court ruling that would have protected the property rights of landowners who do not want the Keystone XL pipeline built on their land and fear that a spill could devastate region's drinking water and agriculture-based economy. As CBS reported, the ruling upheld a 2012 law allowing Canadian oil firm TransCanada to "seize property using eminent domain from any landowners who deny the developer access." A majority of Nebraska's Supreme Court -- four of the seven judges -- actually voted that the statute authorizing TransCanada's use of eminent domain was unconstitutional, but that fell just short of the supermajority (of at least five judges) necessary to make such a ruling.
Rather than address the decision's impact on property rights, Fox News celebrated the ruling by repeating the GOP talking point that President Obama is now out of "excuses" for stalling on Keystone XL as the GOP attempts to pass legislation forcing its approval in Congress this week. On the January 9 edition of Fox News' America's Newsroom, digital politics editor Chris Stirewalt reported that the ruling "basically removes... the last obstacle or excuse for the administration and President Obama saying that it was not ripe for a decision." On the January 9 edition of Special Report, Correspondent Mike Emanuel stated that "New Majority Leader Mitch McConnell said now the President is out of excuses." And on the January 12 edition of America's Newsroom, co-host Bill Hemmer posited that the White House may have "run out of excuses on Keystone," and Republican strategist Tony Sayegh agreed:
Media figures are touting the Keystone XL pipeline as an "environmentally safe" alternative to truck and rail transportation, uncritically citing a State Department report on the environmental impact of building Keystone XL. But experts and subsequent studies have determined that the report is based on faulty conclusions and grossly underestimates greenhouse gas emissions caused by Keystone.
From the August 28 edition of Fox News' Special Report with Bret Baier:
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Fox News' Special Report highlighted conservative calls for President Obama's impeachment, but hid that the calls they cite as coming from "some prominent outside conservative voices" actually originated with Fox's own contributors.
On the July 10 edition of Fox News' Special Report with Bret Baier, Fox correspondent Mike Emanuel reported that "some prominent outside conservative voices have called for President Obama to be impeached":
Rep. Darrell Issa (R-CA) publicly admitted that his dogged investigation into the IRS may be at a "dead end" given a former IRS official's refusal to testify, but you won't hear that on Fox News.
The Republican chairman of the House Oversight Committee called on former IRS official Lois Lerner to testify on March 5 in yet another hearing on the IRS' inappropriate targeting of organizations seeking tax exempt status. For the second time, Lerner testified that she would invoke her Fifth Amendment rights and not answer the committee's questions.
Speaking to reporters after the hearing, Issa articulated that his investigation into the IRS could "dead end" given Lerner's refusal to testify. As Talking Points Memo reported:
Issa was asked how bad of a setback Wednesday's hearing was for the investigation.
"As you can see from our questioning today, we have continued to gather facts around Ms. Lerner's absence of testimony," Issa replied. "It would have allowed us to bring this investigation to a -- probably pretty quick close if she had been willing to answers those questions. Without it we will undoubtably [sic] have a few more questions to try to find out things that she could have answered quickly today."
A reporter than asked Issa if he was still "confident" the investigation would "get to the bottom of this."
"It may well be we have gotten to the bottom of it," Issa said. "At this point, roads lead to Ms. Lerner. The witness who to took the Fifth. That becomes -- she becomes one of the key characters at this point. Had she been willing to explain those emails which were provided through separate subpoenas, then we could have perhaps brought this to a close. Without that, it may dead end with Ms. Lerner."
Fox News was quick to hype Issa's hearing, but not nearly so quick to acknowledge the congressman's admission that his IRS investigation might be over.
Summarizing the House hearing that evening on Special Report, Fox correspondent Mike Emanuel concluded, "At this point, Issa seems prepared to move forward with the IRS investigation without hearing from Lerner":
From the February 14 edition of Fox News' Special Report:
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Fox News hyped a new GOP health care proposal as a viable alternative to the Affordable Care Act (ACA) that it claimed could reduce health care costs, lower premiums, and extend coverage more than the ACA. But Fox omitted other analyses that found the new GOP proposal would allow insurance companies to discriminate against individuals with pre-existing conditions, reduce Medicaid expansion, and charge older Americans more for coverage.
On January 27, Republican Senators Orrin Hatch (R-UT), Tom Coburn (R-OK), and Richard Burr (R-NC) released their legislative proposal, The Patient Choice, Affordability, Responsibility, and Empowerment Act (or CARE), as an alternative to the ACA.
During the January 31 edition of Special Report with Bret Baier, Fox's chief congressional correspondent Mike Emanuel highlighted a friendly analysis of the CARE Act from an organization opened by former Congressional Budget Office director and McCain presidential campaign adviser Douglas Holtz-Eakin. Emanuel said that according to this study, the CARE Act would "reduce health care costs, lower premiums, and provide health care coverage to more Americans than Obamacare":
But other reports on the CARE Act have found that it may negatively affect many Americans with its stated goal of repealing the ACA. On the Washington Post's Wonkblog, Sarah Kilff reported that the GOP plan has "structural similarities to Obamacare," but would end the ACA's guarantee that insurance companies will cover individuals with pre-existing conditions:
The Republican proposal would do this in a more limited way: It would end pre-existing conditions limitations for those who remain continuously insured. That means if you lost your job and health insurance, and immediately purchased a plan on the individual market, your insurance company could not use your medical history to set prices. If your coverage did lapse, however, there would be the possibility of facing underwriting fees when purchasing an individual plan.
Fox News used the Senate's recent filibuster reforms to revive the long-debunked myth that the Affordable Care Act's (ACA) Independent Payment Advisory Board (IPAB) is a "death panel" that will now be staffed by Obama appointees who won't have to endure Republican obstruction efforts.
Senate Democrats changed rules on November 21 so that "judicial and executive branch nominees no longer need to clear a 60-vote threshold to reach the Senate floor and get an up-or-down vote," a changed referred to by critics as the "nuclear option."
On the November 26 edition of Fox's Happening Now, co-host Jenna Lee introduced a segment claiming "new fallout from the nuclear option" could allow Obama the power to nominate candidates to "so-called death panels" without GOP input. Chief Congressional correspondent Mike Emanuel explained correctly that the IPAB "is a 15 member panel and its role is to slow the growth in Medicare spending." But Fox's on-screen text referred to the IPAB as "Obama death panels," referencing a right-wing myth that IPAB will have the power to ration health care in America and decide who lives and dies:
The ACA does not allow IPAB to recommend rationing health care. The text of ACA explicitly states that IPAB cannot make "any recommendation to ration health care... or otherwise restrict benefits or modify eligibility criteria." A Politifact analysis reported that IPAB is "forbidden from submitting 'any recommendation to ration health care.'" Washington Post's Glenn Kessler pointed out that the ACA "explicitly says that the recommendations cannot lead to rationing of health care":
Fox News hyped a poll asking viewers whether members of Congress should be exempt from the Affordable Care Act, even though they are actually not exempt -- a poll finding that reflected Fox's misleading coverage of the issue.
On the October 31 edition of Happening Now, correspondent Mike Emanuel claimed that senators are "trying to interpret the law more broadly" to exempt their staff from enrolling in Obamacare. Emanuel promoted a new Fox poll claiming that the vast majority of people surveyed want "members of Congress & their staff " to live under Obamacare.
Fox News downplayed Colin Powell's objections to strict voter ID laws and ignored the fact that Texas not only has a long history of illegal racial discrimination in its election practices, a federal court already found its voter ID measures to be impermissible voter suppression.
On the August 26 edition of America's Newsroom, Fox News host Martha MacCullum and correspondent Mike Emanuel reported on the Department of Justice's new legal challenge to the voter ID law Texas immediately enacted after the Supreme Court struck down a crucial provision of the Voting Rights Act (VRA) in Shelby County v. Holder:
Fox News failed to mention, however, that Texas is being accused of illegally suppressing the vote through a voter ID law that has already been found to be racially discriminatory by a federal court.
Writing for a three-judge panel in 2012, a circuit judge dismissed Texas' evidence that its voter ID law was not impermissibly discriminatory as "unpersuasive, invalid, or both." As explained by the Constitutional Accountability Center's Doug Kendall:
[I]n Texas v. Holder, a three-judge court unanimously blocked Texas' new voter identification statute, the most stringent in the nation, finding that the statute would inevitably disenfranchise low-income Texas citizens, who are disproportionately African American and Hispanic. The court explained that, unlike Indiana, whose voter identification law was upheld by the Supreme Court in 2008, Texas had gone to great lengths to suppress the vote in poor and minority communities, strictly limiting the types of photo identifications available - a license to carry a concealed firearm is a valid ID under the law, but not a student or Medicare ID card - and making it costly to obtain a so-called "free" election ID for use at the polls. For those without one of the five permitted photo identifications, the court found that the law was tantamount to a poll tax, "imposing an implicit fee for the privilege of casting a ballot." The "very point" of the Voting Rights Act, the court explained, was to deny "states an end-run around the Fifteenth Amendment's prohibition on racial discrimination in voting."
While reporting on budget negotiations, Fox News' Mike Emanuel suggested that Europe's experience with economic austerity measures supports Republicans' calls for more spending cuts and fewer tax increases. But economists agree that cutting government spending hurts weak economies, and a recent study found that moderate tax increases would have almost no effect on economic growth.
As part of its ongoing effort to fight tax increases on the wealthy, Fox News figures have suggested that ending the Bush tax cuts for the wealthy wouldn't affect the deficit because that money would only run the government for eight and a half days. But economists agree that ending these tax cuts would raise a significant amount of revenue and that more tax revenue must be part of balanced approach to reducing the deficit.
From the October 23 edition of Fox News' America Live:
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From the September 4 edition of Fox News' Happening Now:
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