National Review Online's foremost legal analyst is continuing his colleagues' attacks on Supreme Court Justice Ruth Bader Ginsburg by criticizing her for "speaking publicly on abortion policy," despite previously defending Justice Antonin Scalia's penchant for similar public comments and interviews.
In the past week, National Review "roving correspondent" Kevin Williamson echoed his outlet's debunked insinuations from 2009 that Ginsburg supported eugenics. Williamson accused her of harboring a "desire to see as many poor children killed as is feasibly possible," an argument that NRO editor-at-large Jonah Goldberg offered "three cheers for" and that Williamson later compounded when he argued that women who have abortions should be hanged. NRO legal analyst Ed Whelan continued the attacks on Ginsburg, joining other anti-choice voices in condemning Ginsburg's statements in a recent interview in which she criticized a Texas law that closed down a number of the state's reproductive health clinics, arguing that commenting on legislation that could soon be before the Supreme Court was grounds for her recusal.
But Whelan went on to broaden his critique of Ginsburg, suggesting in a later post that she not speak publicly about abortion policy at all, regardless of whether it is in reference to a reproductive justice case before the court or not. In a September 30 blog post, Whelan complained about Ginsburg speaking "on all sorts of other matters related to abortion policy" and suggested that it was improper for the justice to "speak her mind openly on this matter."
Whelan's condemnation of Ginsburg and her discussion of general "abortion policy" appears inconsistent with his defense of his former boss, Justice Antonin Scalia, who also frequently speaks on contentious public policy. For example, in 2011, when Scalia spoke at a "closed-door session with a group of conservative lawmakers," Whelan balked at the suggestion that Scalia's attendance at a Tea Party function was inappropriate. According to The New York Times:
M. Edward Whelan, president of the Ethics and Public Policy Center and a former clerk to Justice Scalia, disputed [George Washington University law professor Jonathan] Turley's criticism.
"Does he think it's improper for any justice ever to speak to any group of members of Congress who might be perceived as sharing the same general political disposition?" Mr. Whelan told The Los Angeles Times. "My guess is that, schedule permitting, Scalia would be happy to speak on the same topic to any similarly sized group of members of Congress who invited him."
Right-wing media outlets are complaining about the federal government's announcement that it will provide grant money to legal services organizations willing to represent undocumented immigrant children in deportation proceedings.
Earlier this summer, federal officials reported that a record number of unaccompanied minors were being apprehended while crossing the border from Mexico into the United States. Despite the fact that many of those children made the dangerous journey to escape horrific violence in their home countries, right-wing media still blamed President Obama for the increase in refugees, suggested that the children carried rare diseases, and claimed that they were "fronts for drug dealers" and terrorists. Although the number of unaccompanied minors coming into the United States has dropped over the last few months, children now in custody are entering deportation proceedings, and most of them will face the court with no lawyer -- a potential violation of due process that right-wing media don't seem to care much about.
Federal law allows immigrants "the privilege of being represented, at no expense to the government, by counsel of the alien's choosing." This privilege, however, is no guarantee and often hollow as many of these minors cannot afford a private attorney. As a result, thousands of children -- who have no money -- are forced to represent themselves in complex legal proceedings because there aren't enough lawyers available to take their case pro bono, without a fee. As The New York Times reported earlier this year, minors representing themselves in court "can be comically tragic, with preschoolers propped in leather-cushioned chairs facing off against federal lawyers." Although the grant money will be a step toward addressing this glaring civil rights problem, advocates agree that "it would only touch a fraction of all the unaccompanied minors who appear in court in the coming months."
To try to provide these preschoolers with basic due process, the Department of Justice announced plans to distribute $1.8 million in grants to legal aid organizations that represent unaccompanied minors in immigration court. The DOJ's grants will be awarded through AmeriCorps and "will enable legal aid organizations to enroll approximately 100 lawyers and paralegals to represent children in immigration proceedings." The Department of Health and Human Services also announced that it plans to give out $9 million over the next two years to help fund immigration services for children who face deportation.
But the right-wing media weren't wild about extending civil rights to these unaccompanied minors.
National Review Online complained that the grants hadn't received enough scrutiny in the media because they were "an unprecedented effort to shield illegal immigrants from deportation" and went on to say the grants are "legally dubious" and may be an "illegitimate use of taxpayer dollars." On the October 1 edition of Fox & Friends, host Brian Kilmeade also criticized the federal grants in his "News by the Numbers" segment:
Conservative media figures are accusing the Obama administration of "inventing" the Khorasan group following U.S. air strikes on the terror cell, claiming President Obama is deploying "propaganda" tools to hide the group's connection to al Qaeda. In reality, the intelligence community has been monitoring the Khorasan group for some time, and Obama himself has publicly acknowledged its ties to al Qaeda.
National Review Online launched an ad hominem attack on actress Lena Dunham for writing a piece for Planned Parenthood Action Fund that encourages people to vote, continuing NRO's pattern of denigrating women who advocate for reproductive rights.
In a September 28 post headlined "Five Reasons Why You're Too Dumb To Vote," NRO's Kevin D. Williamson responded to Dunham's piece, published on the Women Are Watching blog, a project of the Planned Parenthood Action Fund. In her post, clearly targeted to young women, Dunham asserted that every vote counts and urged young women to vote to protect their reproductive rights.
Williamson started his response by levying a personal attack at Dunham, calling the actress "distinctly unappealing" and describing her piece as "a half-assed listicle penned by a half-bright celebrity and published by a gang of abortion profiteers," directed toward Dunham's "presumably illiterate following." He claimed that "cultural debasement" is the "only possible explanation" for Dunham's career.
The NRO columnist echoed a previous infantilizing attack on feminism, casting Dunham's view of voting as "nothing other than a reiteration of the original infantile demand: "I WANT!" Williamson also took issue with Dunham's encouraging young women to vote on issues that directly affect them, framing an interest in reproductive rights as an "'all about me!' attitude":
Miss Dunham's "all about me!" attitude toward the process of voting inevitably extends to the content of what she votes for, which is, in her telling, mostly about her sex life. Hammering down hard on the Caps Lock key, she writes: "The crazy and depressing truth is that there are people running for office right now who could actually affect your life. PARTICULARLY your sex life. PARTICULARLY if you're a woman. Yup."
Conservative media attempted to revive the "death panels" zombie lie amid several weeks of good news about the Affordable Care Act's (ACA) success.
In a September 17 piece for The Atlantic, former White House health care adviser Ezekiel J. Emanuel outlined his opinions on end of life healthcare and argued that 75 is the ideal age to die.
Right-wing media jumped on Emanuel's comments as an opportunity to resuscitate the thoroughly debunked claim that the ACA would create "death panels" to ration health care and slow the growth of medical costs.
A September 24 post from National Review Online claimed that Emanuel's Atlantic article demonstrated that conservative warnings that the ACA was "a first step toward medical rationing" were plausible: "Read Emanuel's diatribe against living too long, and suddenly Sarah Palin's attack on Obamacare's "death panels" does not seem so far-fetched."
Fox News also used Emmanuel's comments as an opportunity to discuss "death panels" in a September 26 segment on Fox & Friends. Responding to Emmanuel's suggestion that there is an ideal time to die, Fox contributor Dr. Marc Siegel asked if that means they should "write off" patients at a certain age, suggesting the Post Office or IRS may one day get to make that decision. Co-host Steve Doocy added, "Maybe you're talking about those death panels that have been rumored for so long."
While right-wing media twists itself into knots stoking outrage over the long-discredited myth of "death panels," actual news reports have recently underlined the ACA's successes.
On September 18, the Obama administration announced that 7.3 million Americans had enrolled in health insurance plans through the Obamacare exchanges and paid their premiums -- a number that is "much higher than the 6 million that the Congressional Budget Office forecast would be covered this year," Politico noted, and debunks conservative allegations that the administration is "cooking the books."
But this wasn't the only good news for the health care law. Health and Human Services Secretary Sylvia Burwell recently reported that the ACA has reduced the amount of uninsured people in the United States by 26 percent. A recent report from the Commonwealth Fund also found that the health care law had decreased the uninsured rate by as much as 13 percent among Latinos, a group that has "historically suffered the highest uninsurance rate in the U.S," according to the Huffington Post.
Fox News anchor Gregg Jarrett wrote a column accurately depicting the college sexual assault epidemic and the fears victims face in reporting these crimes, a stark contrast to his colleagues and fellow conservative media figures who have dismissed, mocked, and stigmatized victims.
In a September 25 column for Fox News' website, Jarrett highlighted the high rate of assault on college campuses, and praised student activists for raising awareness of the often insufficient resources and efforts by colleges to address the problem (emphasis added):
Nearly 20 % of female college students have been sexually assaulted, according to a White House task force.
I suspect the true number is significantly higher. Many young women are reluctant to report it. They keep it secret for fear of embarrassment, shame, retribution, and the trauma of reliving the nightmare during legal or disciplinary proceedings. I get it. There are repercussions. Victims are especially afraid of being stigmatized or ostracized within the tight, insular social circles on campus.
Awareness is on the rise driven, in part, by student activism. Columbia University student Emma Sulkowicz, angry over how the school adjudicated her claim of rape, has taken to carrying a mattress around campus. Dubbed "Mattress girl" by fellow students and the media, her visually indelible protest has galvanized a growing demand for honesty and transparency. And why not? Schools should be required to publish accurate information about the frequency of assaults. It can be done without breaching individual students' privacy.
Jarrett's column unfortunately stands out among recent commentary about sexual assault in conservative media, where the fact that one in five women are assaulted at college is regularly dismissed. The Daily Caller has called the statistic "bizarre and wholly false," while the Washington Examiner called it "ridiculous."
Moreover, the trust and respect Jarrett treats the victims of these assaults with is unusual. Instead, their stories are often questioned or critiqued, with media figures suggesting that a large number of victims are lying about their assault, or are partly culpable.
The same day that Jarrett's column was published, some of his Fox News colleagues suggested that intoxicated women who are assaulted at college fraternity parties are responsible for their own assaults. Several co-hosts of Fox's Outnumbered defended a Forbes contributor who was fired after claiming that drunk women were "the gravest threat to fraternities" because the fraternity would be liable if a woman was sexually assaulted at a party.
This past summer, Washington Post columnist George Will came under fire for claiming that college efforts to curb sexual assaults were making "victimhood a coveted status that confers privilege." In his column, Will disputed the story of a college rape on Swarthmore's campus, implying he didn't believe the survivor's story qualified as an actual incident of assault. The survivor, Lisa Sendrow, told Media Matters about the violence she had experienced, how Will's dismissal of her story was triggering and damaging to her, and that she was diagnosed with PTSD and received violent threats after her story was first reported.
Earlier this year, a Weekly Standard contributor blamed feminism for sexual assault, because victims abandoned "feminine modesty" which had provided women "protection" from rape. National Review Online writers claimed rape was "instinctive" among some young men, that assaults involve "a large degree of voluntary behavior" from women, and that women are "being taught to believe they were raped." A New York Post columnist dismissed rape as "regrettable sex."
And Wall Street Journal editor James Taranto went so far as to claim intoxicated sexual assault victims are just as guilty as their attackers.
While Jarrett's column is sadly something of an outlier among conservative commentary on the issue, survivors now have one more voice in the media supporting their efforts to combat this epidemic.
The announcement that Eric Holder would resign as attorney general was met by renewed attacks on his tenure by conservative pundits, continuing a long tradition of ugly right-wing smears against President Obama's top law enforcer. Here is a selection of the worst villains that right-wing media have compared Holder to over the years:
In a June 5, 2013 fundraising email, Fox News contributor and former Republican Congressman Allen West claimed Holder was a "bigger threat to our Republic" than terrorist Ayman al-Zawahiri, who took control of al Qaeda after Osama bin Laden's death. West also suggested Holder was guilty of treason. On June 7, he appeared on Fox & Friends to discuss his smears with sympathetic co-host Brian Kilmeade.
On the January 10 edition of his radio show, Rush Limbaugh called Holder a "Stalinist" for announcing that the federal government will recognize same-sex marriages in Utah.
LIMBAUGH: Eric Holder, the Attorney General of the United States says that the federal government will recognize same-sex marriage in Utah for the purpose of federal benefits despite the Utah governor's directive not to, pending the Supreme Court's review of the state's ban. So the states, when you've got people like Holder and Obama in office, it doesn't matter what governors do, it doesn't matter what the people of the state want. What Holder and Obama want is what's going to happen. Holder does not have this kind of power or authority but he does if nobody's going to stop him or challenge him.
LIMBAUGH: You have the Attorney General engaging in executive actions, executive orders. Just as if Obama were to do it. Stalinists, folks.
National Review Online published an editorial on September 4, 2013 criticizing the Obama administration's blocking a Louisiana school voucher program. NRO compared Holder to George Wallace, the notorious Alabama governor who attempted to illegally maintain school segregation. From the editorial:
It was 50 years ago this June that George Wallace, the Democratic governor of Alabama, made his infamous "stand in the schoolhouse door" to prevent two black students from enrolling at an all-white school. His slogan was "Segregation now, segregation tomorrow, segregation forever!"
These many years later, Democrats still are standing in the schoolhouse door to prevent black students from enjoying the educational benefits available to their white peers, this time in Louisiana instead of Alabama. Playing the Wallace role this time is Eric Holder, whose Justice Department is petitioning a U.S. district court to abolish a Louisiana school-choice program that helps students, most of them black, to exit failing government schools.
On the August 22 edition of Fox News' The Five, co-host Andrea Tantaros claimed in a discussion about the protests in Ferguson, MO that "Eric Holder is one of the biggest race-baiters in this entire country." She added that Holder runs the Department of Justice "like the Black Panthers would...allowing them to be outside that polling place was absolutely abominable" -- a reference to a favorite Fox smear that Holder improperly dismissed voter intimidation charges against members of the New Black Panther Party.
Washington Times columnist and National Rifle Association board member Ted Nugent claimed Obama's decision to have Holder and Vice President Biden lead the administration's gun safety task force was akin to "hiring Jeffrey Dahmer to tell us how to take care of our children."
In 2011, Mike Vanderboegh, a blogger featured on Fox News, repeatedly posted a manipulated photograph of Eric Holder dressed in a Nazi uniform:
A new interview with Supreme Court Justice Ruth Bader Ginsburg that will appear in Elle magazine has given National Review Online an opportunity to once again twist the justice's views on the importance of equal reproductive rights for everyone, regardless of their financial means. As it did in 2009, NRO claimed that Ginsburg's frequent observations that poor women are disproportionately affected by anti-choice legislation may be proof of her support for eugenics -- even though that misinterpretation of her comments has been debunked.
After hundreds of thousands of people participated in what may have been the largest climate change protest in history, National Review Online criticized the event, attacked environmental justice law that seeks to ameliorate health disparities, and misrepresented a study to argue "the effects of pollution on health have been exaggerated."
On September 21, an estimated 310,000 demonstrators took part in the People's Climate March, a multi-city event protesting inaction on climate change and its harmful effects on the planet. Although the Sunday news shows ignored this historic event, National Review Online was quick to condemn it. Editor Rich Lowry called it a "symbolic protest," questioned the settled science of the human causes of climate change, and dismissed advocacy on the dangers of climate change as "anti-industrial apocalypticism."
Lowry's NRO colleague Katherine Timpf specifically criticized protestors in Harlem who were calling for legal action that would protect communities of color from toxic pollutants, a type of civil rights advocacy that is based on decades-old precedent. Timpf complained that "environmental-justice legislation does more harm than good" because "demonizing corporations is not the best method for bringing economic development to a struggling city." Timpf also claimed that "the impact that pollutants actually have on poor communities is questionable," and because of that, she argued, communities of color should embrace the potential economic benefits that a pollution-causing factory might bring:
During one of the march-preparation meetings, the deputy director of the Harlem-based group WE ACT for Environmental Justice, Cecil Corbin-Marks, tells me he's fighting for "global climate policies that focus on the challenges that local communities are confronting."
"Not all communities have the same resources," he says. "People of color are disproportionately affected." He believes that world leaders must unite to stop destructive corporations from spreading the pollutants that sicken minority neighborhoods by causing asthma and cancer.
I don't support his cause. Am I callous and cruel? Am I just ignorant of the suffering of the residents of these areas?
"There is pollution, and it should be cleaned," Harry Alford, president of the National Black Chamber of Commerce says during an interview. "But to say that it's happening because of race? No. That's crazy to think corporations sit in boardrooms and design strategies to pollute races. That's Nazi stuff."
Politicians are responsible for keeping the neighborhoods clean, Alford says, so they're the ones who must be held responsible when they're not. All environmental-justice laws do is give these politicians more power.
National Review Online contributing editor Jim Geraghty suggested that President Obama "set the tone" for high profile leadership scandals including disgraced NFL commissioner Roger Goodell and embattled General Motors CEO Mary Barra who he claimed were influenced by Obama's alleged lack of "accountability."
Geraghty's September 22 National Review Online blog highlighted a number of recent scandals involving "leaders of large organizations" and compared their missteps to the purported example set by Obama, "the unaccountable leader." Geraghty asked, "Does our president just reflect a broad cultural trend in the behavior of leaders, or does he set the tone from the top?" He continued:
Consider some recent examples of leaders of large organizations with important responsibilities, once they find themselves in the public eye:
NFL Commissioner Roger Goodell told CBS This Morning he never saw the second tape of Rice striking his wife before Monday. He said, "when we make a decision we want to have all the information that's available. When we met with Ray Rice and his representatives it was ambiguous about what actually happened." Friday afternoon, he announced the league would be making a new effort in dealing with unacceptable player conduct... by forming a special committee.
General Motors CEO Mary Barra, whose company has recalled of 2.6 million cars with defective ignition switches. The faulty parts have been linked to at least 13 deaths and 54 accidents since 2009 and have led to numerous lawsuits. She said, "I don't really think there was a cover up. I think what we had, and it was covered in the report, there were silos of information, so people had bits and pieces and didn't come forward with the information or didn't act with a sense of urgency, and it simply was unacceptable."
These are all private sector scandals, of course. Every administration and every era has its scandals. What our current moment seems to feature is a bumper crop of (alleged) leaders insisting they can wait out he storm, often displaying a glimpse of indignation at suggestions that they resign because something terrible happened on their watch. Somehow tapes of criminal behavior never reach the folks at the top, nor reports of a defect in ignition switches.
Everybody's got rogue low-level staffers in Cincinnati, it seems.
The message has been sent, far and wide: Accountability is for suckers.
Right-wing media figures continue to misleadingly link Obama to unrelated scandals in order to attack his presidency. Not only have conservatives falsely accused Obama of attempting to help GM cover-up its ignition defect, they have baselessly linked the NFL domestic abuse scandal with the terror attacks in Benghazi, falsely suggesting the Obama administration was insufficiently transparent about the September 2012 attacks.
National Review Online misrepresented a recent court decision that could allow an unneccessarily restrictive voter identification law to be implemented in Wisconsin only weeks before the November election.
On September 12, the Seventh Circuit Court of Appeals lifted an injunction that a district court judge had previously granted to prevent Wisconsin's strict voter ID law from going into effect due to concerns that its disproportionate effect on communities of color violated the Voting Rights Act. After the three judge panel of the Seventh Circuit issued its order, Wisconsin officials announced that they would move forward with implementing the law despite the fact that election officials are not trained in the new photo ID requirements and absentee ballots have already been turned in. This last minute voting change has the potential to keep hundreds of thousands of Wisconsin voters who lack photo ID from participating in the November election.
Right-wing media quickly downplayed the significance the law might have on the election. On the September 17 edition of Special Report with Bret Baier, Fox News correspondent Mike Tobin managed to point out that the law could affect the outcome of the gubernatorial race in Wisconsin, which shows Republican Gov. Scott Walker in a near-tie with his Democratic opponent Mary Burke. But Tobin minimized the impact of the ID law by erroneously suggesting that "there is only a handful of voters who won't get IDs by election day."
NRO contributor Hans von Spakovsky, a tireless advocate for voter ID laws that suppress the vote of women, minorities, and the poor, also applauded the Seventh Circuit's order, calling it a "stunning blow" for opponents of voter ID. Von Spakovsky overlooked key facts in the case to ultimately conclude there was "no justification for striking down" Wisconsin's law in the first place:
As I explained in an NRO article in May, the district court judge, Lynn Adelman, a Clinton appointee and former Democratic state senator, had issued an injunction claiming the Wisconsin ID law violated the Voting Rights Act as well as the Fourteenth Amendment. Adelman made the startling claim in his opinion that the U.S. Supreme Court's decision in 2008 upholding Indiana's voter-ID law as constitutional was "not binding precedent," so Adelman could essentially ignore it.
However, that was too much for the Seventh Circuit. It pointed out, in what most lawyers would consider a rebuke, that Adelman had held Wisconsin's law invalid "even though it is materially identical to Indiana's photo ID statute, which the Supreme Court held valid in Crawford v. Marion County Election Board."
It was also obviously significant to the Seventh Circuit that the Wisconsin state supreme court had upheld the state's voter-ID law in July ... In fact, the appeals court said the state court decision had changed the "balance of equities and thus the propriety of federal injunctive relief."
In other words, there was no justification for striking down a state voter-ID law that was identical to one that had been previously upheld by both the Supreme Court of the United States and that state's highest court.
Conservative media's lengthy campaign to demonize government programs by accusing low-income Americans of using benefits to buy marijuana has culminated in legislation being passed by Republicans in the House of Representatives this week.
Two bills linking government assistance for impoverished families to the legal purchase of marijuana are making their way through the Republican-controlled House. The Preserving Welfare For Needs Not Weed Act, proposed by Rep. Dave Reichert (R-WA) and passed by the House yesterday, aims to prohibit the use of electronic benefits transfer (EBT) cards containing cash benefits from the Temporary Assistance for Needy Families (TANF) program in stores selling marijuana (At this time, only two states, Colorado and Washington, have legalized the sale of the drug for recreational use). A second bill, the No Welfare For Weed Act, introduced by Rep. Paul Gosar (R-AZ), extends even further -- it aims to ban the purchase of marijuana with SNAP benefits, commonly known as food stamps.
These bills come on the heels of a concerted effort by Fox News and conservative blogs like National Review Online (NRO) to accuse low-income Americans of using government assistance to purchase recreational marijuana. One month after Colorado legalized the sale of pot, NRO alleged "welfare beneficiaries withdrew thousands of dollars in public-assistance cash from ATMs at weed shops" in the state, a report echoed by Fox & Friends co-host Eric Bolling, who asked, "Are food stamps now going to pot?":
BOLLING: Forty-seven million people are on food stamps nationwide. In Colorado, more than 500,000 are getting food stamps every month. Meanwhile, 348 shops are set up in Colorado to sell pot in the state. And food stamp cards have reportedly been used at pot shops, ATMs, at least 64 times in the short time weed has been legal in Colorado. So are food stamps now going to pot?
In 64 specific times, people used an EBT card to take out cash, presumably to buy pot.
Conservative media's accusation that impoverished families use food stamps and government benefits to buy marijuana, one they've continued to push for months, was echoed by House Republicans justifying their current proposals.
Presenting his bill on September 16, Reichert declared, "We are seeing new abuses of these benefits. In these states, a person can walk into one of the newly opened pot shops and use their welfare benefit card to pay for pot ... This isn't an idle concern. Report examining welfare transactions in Colorado revealed over $5,000 in welfare benefits were accessed in stores selling marijuana in the first month such stores were open."
The link between TANF benefits and pot purchases has yet to be established. In NRO's original report, the blog admitted it could not conclude that any TANF money has been used specifically for the purchase of marijuana, stating, "Some of these establishments sell groceries as well as pot, so there is no way to know exactly how much welfare money was spent on marijuana."
Notably, despite the House bill suggesting otherwise, food stamp recipients are only allowed to use benefits to purchase approved food items and are barred from purchasing alcohol, tobacco, and non-food items. The USDA makes clear that SNAP benefits can't be used to withdraw cash from ATMs (emphasis original):
SNAP benefits can never be withdrawn as cash. Many States allow clients to use a single EBT card to access SNAP as well as cash benefit programs such as Temporary Assistance for Needy Families (TANF). In most States, cash benefits from other programs can be accessed through ATMs.
Right-wing media accused President Obama of "advising" and "strategizing" for the terrorist group known as the Islamic State (ISIS or ISIL) in reaction to reports that Obama said the group had made a strategic error in provoking support for U.S. military action against them.
National Review Online misinformed about an amendment that would reinstate the ability of Congress to regulate campaign finance and counter Citizens United -- the infamous Supreme Court decision that opened the door for the super-rich and corporations to drown out average Americans in the political debate with unlimited sums of money.
On September 8, the Senate voted to debate the proposed constitutional amendment, which would re-establish campaign finance laws that the conservative justices of the Supreme Court struck down in Citizens United in 2010. That decision overturned part of the McCain-Feingold Act -- much-needed bipartisan campaign finance reforms instituted to prevent corruption of the political process and level the playing field between small donors and the wealthy -- and effectively eliminated limits for independent corporate spending in federal elections. Specifically, Citizens United radically rewrote First Amendment precedent and expanded the legal concept of "corporate personhood," with the court ultimately deciding that the political spending by corporations was constitutionally equivalent to the free speech of actual human voters. The conservative justices chipped away at campaign finance limits even further this year in McCutcheon v. FEC, which abolished direct contribution limits that worked to control the corrupting influence of multimillion-dollar donations.
Although the proposed amendment is intended to restore the First Amendment to its pre-Citizens United interpretation, right-wing media are already denouncing the Senate's attempts to stem the explosion of unregulated high-dollar donations with wild exaggerations. In a September 9 editorial, NRO complained that Democrats were planning to "repeal the First Amendment" by proposing the Citizens United amendment -- which the editorial board called "an attack on basic human rights, the Constitution, and democracy itself" -- and suggested the move would "censor newspapers and television reports." From the editors:
Senate Democrats are on the precipice of voting to repeal the First Amendment.
That extraordinary fact is a result of the increasingly authoritarian efforts of Democrats, notably Senate majority leader Harry Reid of Nevada, to suppress criticism of themselves and the government, and to suffocate any political discourse that they cannot control.
The Supreme Court in recent years has twice struck down Democratic efforts to legally suppress inconvenient speech, citing the free-speech protections of the First Amendment in both cases. Senator Reid's solution is to nullify the first item on the Bill of Rights.
The Democrats are not calling this a repeal of the First Amendment, though that is precisely what it is. Instead, they are describing the proposed constitutional amendment as a campaign-finance measure. But it would invest Congress with blanket authority to censor newspapers and television reports, ban books and films, and imprison people for expressing their opinions. So long as two criteria are met -- the spending of money and intending to influence an election -- the First Amendment would no longer apply.
The amendment that Democrats are putting forward is an attack on basic human rights, the Constitution, and democracy itself. If those who would criticize the government must first secure the government's permission to do so, they are not free people.
National Review Online (NRO) attacked State Senator Wendy Davis (D-TX) for speaking out about her own experiences with abortion, calling her description of the abortions -- one of which saved her life -- "convenient," and downplaying the serious health problems that can lead women to choose the procedure.
In her upcoming memoir Forgetting to Be Afraid, Davis disclosed her personal experiences undergoing abortion procedures. Writing about the circumstances that led to her decisions, Davis described a medical abnormality that doctors said "likely was incompatible with life" that led her to terminate a desired pregnancy, and a second procedure following an ectopic pregnancy that threatened her life if it wasn't ended.
In a September 9 post, National Review Online responded to Davis' account by questioning the legitimacy of her story. Calling it "convenient," the post went on to "question the accuracy of her claims related to the abortion." The post challenged Davis to provide proof that her abortions were necessitated for medical reasons and went on to dismiss the medical rationale for these types of abortions (emphasis added):
But not all commentary has been focused on the harm Davis suffered post-abortion. Horne said that "only Ms. Davis knows the truth about her alleged abortions. We simply do not know the circumstances of Wendy Davis's apparent abortions." Horne noted that "it is extremely rare -- if not non-existent -- for a woman to have an abortion because the pregnancy posed a risk to her life. As for fetal anomalies, it simply isn't necessary to abort a child because he or she is sick or has a medical condition."
"It would be disturbing to think that she may be using her abortions as a way to gain political favor with Democratic voters," Horne added.
Horne's analysis matches that of a 2004 Guttmacher Institute survey of women who had abortions. The survey found that only 4 percent said that "their most important reason" for having an abortion was "physical problems with my health," and 3 percent named "possible problems affecting the health of the [baby]."
Maybe she had the abortion, maybe she didn't. Maybe her reasons were as compelling as she claims. But the reasons Davis gives for having had her abortions are unproven and statistically unlikely.
Although few women have late-term procedures, NRO dismisses the very real medical necessity for them to be available. According to the American College of Obstetricians and Gynecologists, the majority of serious health conditions that impact both mother and fetus are not discovered until the 20th week of pregnancy or later -- an occurrence that explains why a woman would wait until this point in their pregnancy to undergo the procedure.