In the wake of the Roberts Court's latest attack on the constitutionality of race-conscious law, right-wing media are mischaracterizing the decision and Justice Sonia Sotomayor's dissent in a dishonest attempt to frame civil rights precedent as "racial discrimination."
On April 22, the Supreme Court ruled in Schuette v. BAMN, a badly split opinion in which the Court's five conservatives rejected long-established equal protection law under the Fourteenth Amendment to uphold Michigan's voter-approved ban on affirmative action. Right-wing media immediately began misinforming about the case, ignoring the serious consequences it could have for minority rights in the United States. By effectively overruling the "political process" doctrine, which forbids setting up a separate and unequal tier of political participation for a disfavored minority, the conservative justices reopened the door to the rigging of political systems, previously disallowed because of its negative impact on communities of color.
NRO continued its misinformation campaign about Schuette in its April 22 editorial, claiming that affirmative action is itself a form of prohibited racial discrimination. The editorial went on to call Sotomayor's dissent in Schuette "legally illiterate and logically indefensible" and "offers a case study in the moral and legal corrosion that inevitably results from elevating ethnic-identity politics over the law." To bolster the claim that Sotomayor is preoccupied by "ethnic-identity politics," the editors whistled to the 2009 right-wing media smears that the justice was a racist because she once referred to herself as a "wise Latina." From the NRO editorial:
In a perfectly Orwellian dissenting opinion, which she read dramatically from the bench, Justice Sotomayor argued that the decision of the people of Michigan to end racial discrimination is itself an instance of racial discrimination and that the only way to mitigate such racial discrimination is through the mandatory maintenance of racial discrimination. In this opinion she was joined by Justice Ginsburg, with Justice Kagan recusing herself from the case. Justice Sotomayor argued that Michigan's Proposal 2, which mandates race-neutral state policies, is the sort of legislation used to "oppress minority groups." By outlawing racial discrimination, she argued, "a majority of the Michigan electorate changed the basic rules of the political process in that State in a manner that uniquely disadvantaged racial minorities."
Justice Sotomayor is here arguing in effect that if a constitutional referendum doesn't go the NAACP's way, then its effects are invalid. This is not an exaggeration: Justice Soyomayor argues explicitly that Michigan's voters would have been within their rights to, for example, lobby university authorities to adopt race-neutral admissions standards but that by adopting a constitutional amendment insisting on race neutrality, thereby transferring the decision from the education bureaucrats to the people themselves and their constitution, they "changed the rules in the middle of the game." Her opinion is legally illiterate and logically indefensible, and the still-young career of this self-described "wise Latina" on the Supreme Court already offers a case study in the moral and legal corrosion that inevitably results from elevating ethnic-identity politics over the law. Justice Sotomayor has revealed herself as a naked and bare-knuckled political activist with barely even a pretense of attending to the law, and the years she has left to subvert the law will be a generation-long reminder of the violence the Obama administration has done to our constitutional order.
National Review Online is marking the 50th anniversary of the Civil Rights Act by calling on Congress to abolish its protections against racial discrimination.
On April 10, President Obama spoke at the Lyndon B. Johnson Presidential Library to honor the former president's work to pass and sign the Civil Rights Act of 1964, legislation that Obama explained was "as fundamental to our conception of ourselves and our democracy as the Constitution and the Bill of Rights." He added, "that's why I'm standing here today -- because of those efforts, because of that legacy," before warning that "history travels not only forwards; history can travel backwards, history can travel sideways. And securing the gains this country has made requires the vigilance of its citizens."
Instead of joining the president and the rest of America in celebrating this historic law that sought to push back against institutional discrimination and guard against future equal protection violations, an April 15 NRO column by Roger Clegg, Hans von Spakovsky, and Elizabeth Slattery called for Congress to gut key provisions of the Civil Rights Act, as well as the Voting Rights Act of 1965. Their proposal is rooted in the fact that these laws -- in recognition of the fact that racial discrimination in this country has been practiced against those who are not white for centuries -- are explicitly race-conscious and have "been expanded, however, through agency interpretation and activist court rulings to include 'disparate impact.'"
Rather than embrace decades of federal law, these NRO contributors instead prefer an ahistorical and so-called colorblind approach, where "provisions that might be read to authorize preferences or discrimination are hereby repealed or amended to authorize only consideration of factors other than race, color, ethnicity, or national origin." From the authors' opposition to fifty years of civil rights precedent on behalf of historical victims of racial discrimination:
The federal government wittingly and unwittingly endorses a great deal of racial discrimination in America. A 2011 report by the Congressional Research Service catalogued literally hundreds of government-wide and agency-specific set-aside and preference programs and grants throughout the entire executive branch that amount to some form of racial discrimination.
The "disparate impact" approach to civil-rights enforcement results in race-based preferential treatment -- often intentionally so. Eliminating such claims is therefore another way to help curb the use of racial and ethnic preferences.
In brief, an action that results in racially disproportionate results is considered to have an illegal disparate impact, even if the action is neutral on its face, in its intent, and in its application. This is not racial discrimination by any reasonable definition, and it forces employers, landlords, schools, and others either to discard legitimate criteria and selection procedures (for example, a physical or written test for firefighters or police officers) or to avoid racial disproportions by hiring, leasing, or disciplining (or designing tests and other selection criteria) with an eye to skin color, or both. The Obama administration loves this approach, alas.
Recent media reports on President Obama's judicial nominations misleadingly suggest that his confirmation record is now better than that of his predecessor George W. Bush, but rampant GOP obstructionism is still contributing to an alarming amount of "judicial emergencies" across the country.
National Review Online and the right-wing Heritage Foundation recently used Obama's overall total as well as his 2014 first quarter judicial confirmation numbers to claim that the president "outpaces" his Republican predecessor, at a rate that will eventually "steamroll" the total number of Bush appointments to the federal bench.
Unfortunately, this misinformation appears to have been spurred by recent media stories that reported raw confirmation numbers, without sufficient context. For example, according to Politico, Obama is now "outpacing George W. Bush on judges," because he has succeeded in getting 237 judges confirmed, while 234 judges were confirmed "by this point in [Bush's] presidency." This total number of seated judges is what right-wing media choose to focus on in their extrapolation of Obama's ultimate record, while ignoring the president's actual seating rate (confirmations in light of total vacancies). When the number of vacancies Obama has to deal with in comparison to Bush is added to an examination of their respective records, it is evident that the president still has a long road ahead to leave office with a rate similar to his predecessor, especially in the face of Republicans' unprecedented obstructionism.
Even though the total number of Obama's confirmations has exceeded Bush's, Obama has more vacancies to fill and has to appoint more nominees than his predecessor. According to the Alliance for Justice, "Only 79% of Obama's nominees have been confirmed compared to 89% at this same point for Bush; likewise, Obama has filled only 73% of the total judicial vacancies up to this point in his presidency, while Bush had filled about 82%." As a result, says AFJ, "Bush fared significantly better in getting his nominees confirmed" than Obama has so far.
This has real-world consequences by delaying and denying justice across the country.
Right-wing media champions of voter purges have been quiet in response to a federal appeals court's decision that Florida officials' attempts to remove noncitizens from voter rolls clearly violated federal law, which protects citizens from these overbroad and error-riden challenges.
Shortly before the 2012 election, Florida Governor Rick Scott (R) and his Secretary of State Kenneth Detzner (R) undertook an effort to purportedly purge the state's voter rolls of noncitizens. The Department of Justice challenged the purge in court, arguing that Florida had violated federal law that prohibits states from booting voters off the rolls within 90 days of a federal election. This law is in place to prevent depriving citizens of the vote because of faulty database checks, performed without enough time to correct the state's errors.
At the time, right-wing media outlets like The Wall Street Journal and National Review Online were overwhelmingly supportive of Governor Scott and his attempts to block people from voting. WSJ's senior editorial writer Jason Riley dismissed the DOJ's challenge, since "[t]he Obama Administration sees racial animus and voter-suppression conspiracies in any Republican-led effort to improve ballot integrity." NRO contributor Hans von Spakovsky also dedicated numerous posts to the issue, calling the DOJ's lawsuit "spurious," and evidence of "politics and ideology driving the legal decision-making" at the agency "as opposed to nonpartisan, objective analysis of the facts and the law."
Von Spakovsky had even more to say on the subject. In a different post about the case in 2012, he complained about the DOJ's "lawlessness" in its attempts to restore the voting rights of affected citizens in Florida:
Time and again, the Holder Justice Department has exhibited politically driven law enforcement. But its latest instance of lawlessness is absolutely brazen.
This goes far beyond Holder's previous actions, such as belittling claims of voter fraud and trying to stop voter ID and other reform measures intended to improve the integrity of the election process. This letter would directly abet vote thieves in a key state as Holder's boss seeks reelection [in 2012].
National Review Online's Heather Mac Donald attempted to justify her irresponsible and false claims about black students by highlighting the story of a 14-year-old boy accused of murder, conflating the story with recent data on racial disparities in school discipline and absurdly claiming that the story is evidence that black students do not suffer from discrimination.
In March, Mac Donald, who has a history of racially charged rhetoric, wrote an NRO column that misleadingly conflated the disproportionately high rates of suspension for black students with crime rate statistics and "family breakdown." The column also highlighted the story of 14-year-old Kahton Anderson, who was arrested for the shooting death of a 39-year-old bus passenger, to paint black children as inherently more likely to commit crimes, asking, "Did anyone doubt the race of the killer, even though the media did not disclose it?" later claiming it is "common sense that black students are more likely to be disruptive in class."
In an April 4 post, Mac Donald again highlighted the Anderson story, saying, "Naturally, he was raised by a single mother" and using information reported by The New York Times which she claimed "is a case study in everything that the civil-rights complex assiduously denies." Mac Donald went on to portray Anderson as being representative of black youth in general:
The bus shooting was hardly unusual. Gunfire among these warring crews is routine; one crew member was shot to death last July. And as in Kahton's case, the lack of impulse control that results in such mindless violence on the streets unavoidably shows up in the classroom as well. It defies common sense that a group with such high rates of lawlessness outside school would display model behavior inside school. Multiply Anderson's homicide several-hundred-fold, and you get the nearly ten to one disparity between the murder rate among 14- to 17-year-old black males and that of their white and Hispanic male peers combined. Multiply his classroom infractions several-hundred-thousand-fold, and you get the three-to-one suspension disparity that so agitates the civil-rights and education establishments.
Right-wing media are trumpeting a report from Republican Sen. Jeff Sessions claiming that the Obama administration has failed on border enforcement because nearly all of the immigrants the federal government deported last year were criminals, while undocumented immigrants without criminal convictions did not face high rates of removal. Indeed, according to U.S. Immigration and Customs Enforcement, 98 percent of immigrants removed in fiscal year 2013 were classified as "convicted criminals, recent border crossers, illegal re-entrants or those previously removed," which is "in line with [the] agency's enforcement priorities."
The fact that conservative media see outrage over the news that the administration met its stated enforcement goals shows that the only action they will accept on border enforcement is really the mass deportation of all undocumented immigrants, regardless of their ties to the United States. But that is an impractical policy that has been derided even by Republican lawmakers.
On March 26, Sessions released a report condemning the Obama administration's record on border enforcement, claiming that the ICE record is evidence that "the Administration has carried out a dramatic nullification of federal law."
The Daily Caller seized on the Sessions report to blast Obama administration immigration policies that it claimed "have provided a de facto amnesty for most of the illegal immigrants living in the United States." It went on to complain that "99.92 percent of illegal immigrants and visa overstays without serious crime convictions or repeat immigration offenses did not face deportation."
National Review Online added that the administration is "shielding most illegal immigrants without separate criminal convictions from deportation" and uncritically quoted Sessions' claim that these priorities are "an open invitation for a future immigrant to overstay a visa, or enter the U.S. illegally, knowing that they will be immune from enforcement."
A Breitbart News article with the headline, "Sessions Report Demolishes Obama 'Deporter In Chief' Myth," stoked national security fears, stating that "Sessions' staff notes that ICE officers who communicate with his office say that there is likely some other serious security risk for allowing them to stay in the country that is cause for their removal." The article went on to highlight several instances in which undocumented immigrants were released from federal custody because they represented no threat to public safety.
On his radio show, Mark Levin used the report to make the point that "those terrorists on 9-11, they overstayed their visas."
The Department of Homeland Security has always maintained that ICE "must prioritize which individuals to pursue" because the agency "receives an annual appropriation from Congress sufficient to remove a limited number of the more than 10 million individuals estimated to unlawfully be in the United States."
This discretion has been widely applied by immigration officials for more than 30 years. And as the Immigration Policy Center has noted, the Supreme Court has made it clear that "an agency's decision not to prosecute or enforce, whether through civil or criminal process, is a decision generally committed to an agency's absolute discretion."
Conservative media's incessant campaign to demonize the Common Core State Standards, often confined to the right-wing bubble, is now playing out in local politics.
Over the past year, the Common Core State Standards have been at the center of a heated national education debate. Released in 2010 by the Council of Chief State School Officers and the National Governors Association Center for Best Practices, with input from parents, school officials, teachers, and experts, Common Core is "a set of clear college- and career-ready standards for kindergarten through 12th grade in English language arts/literacy and mathematics." Forty-five states and the District of Columbia have voluntarily adopted the Common Core standards, though news out of Indiana this week has reduced that number.
On Monday, Republican Indiana Governor Mike Pence signed legislation withdrawing the state from Common Core, even though the state had already started implementing the standards. A release from Pence's office stated, "I believe our students are best served when decisions about education are made at the state and local level."
Pence's statement buys into one of the many myths popularized by conservative media about Common Core -- that it's a federal takeover of education, guilty of "central planning." Other prevalent myths are that it creates a class curriculum, teaches wrong answers, injects partisan ideology, dumbs down standards, and data mines children's information.
These myths and more have made the Common Core debate so vitriolic that states are actually changing the name of their standards because the mere phrase "Common Core" has become "toxic." New York is negotiating to delay Common Core-based tests, and an Oklahoma Senate panel voted to repeal Common Core earlier this week. As the Associated Press reported on Monday, "the Common Core initiative has morphed into a political tempest fueling division among Republicans."
These state-level decisions come on the heels of a robust campaign from various misinformers in the right-wing media who consistently use inflammatory language and stoke fears to mislead about the standards.
Here are the five most incendiary media figures and outlets fueling the Common Core outrage machine.
Fox News' misinformation on Common Core has been well-documented. The network appears to have no idea how the standards actually work, accusing them of everything from "sneak[ing] in partisan lessons" to creating doctors who might "operate on the wrong knee." Fox & Friends co-host Elisabeth Hasselbeck even falsely invoked Common Core to back an attempted book ban in North Carolina.
There is perhaps no louder voice against Common Core than conservative author and columnist Michelle Malkin. From her "Stop Common Core" Twitter list to her plethora of anti-Common Core columns at National Review Online, Malkin routinely uses inflammatory rhetoric to demonize the standards. She has given out "Biggest Common Core Jerk" awards and referred to "Common Core jerkitude" as a "bipartisan disease." She's referred to the standards as a "lab-rat testing experiment," called them a "Trojan horse for lowering [expectations]," and claimed they create "a Big Brother gold rush and an educational Faustian bargain." Her constant, erroneous insistence that Common Core is a "top-down" approach that the Obama administration is using to "corrupt education" leaves little doubt that Malkin will leave no stone unturned in her relentless and false attacks on the standards.
Roughly one year ago, conservative commentator and founder of The Blaze.com Glenn Beck turned his attention to Common Core on his BlazeTV show, claiming that "our kids are going to be indoctrinated with extreme leftist ideology" because progressives "jammed this through in the dead of night." Beck went so far as to declare that "We will not save our country unless we save it first from this attack."
Since then, TheBlaze.com has repeatedly distorted the conversation on Common Core often through hyperbolic headlines posted on the site:
NPR reported earlier this year that Beck "has often led the push" against Common Core:
The mainstream business wing of the Republican Party strongly backs Common Core, arguing that raising standards is vital to creating the next-generation American workforce. But in an echo of the rifts in the GOP nationally, the Tea Party branch has been critical of the new standards.
Conservative broadcaster Glenn Beck has often led the push. On his show The Blaze, he often charges that Common Core will undermine student individuality and teacher autonomy, and that it marks a dangerous takeover of local control by federal bureaucrats pushing a leftist agenda.
"This is a progressive bonanza, and if it's allowed to be in our schools in any form and become the Common Core of America's next generation, it will destroy America and the system of freedom as we know it," Beck told his audience last year.
Dr. Susan Berry at the conservative news site Breitbart.com writes frequently about the supposed perils of Common Core. She has pushed the myth that Common Core dumbs down "standards and curricula for all students in order to achieve a social justice agenda." She has also turned to conservative groups like The Heartland Institute and Heritage Foundation to propagate the false assertion that Common Core is a "national takeover of schooling" and that the "Obama administration is intent on controlling what is taught at each grade level in schools across the United States."
Berry has claimed that the standards are "part of a world-wide initiative that may ultimately serve to make American values and practices secondary to global sharing." After Bill Gates appeared on ABC to discuss his foundation's funding of Common Core, Berry went so far as to ask: "The question is, why is a college dropout non-mathematician being asked to defend the Common Core math standards?"
Right-wing news site the Daily Caller has posted dozens of articles about Common Core, often with photos of school assignments and incendiary headlines like, "Here's PROOF Common Core aims to make America's children cry," and, "How MORONICALLY HARD can Common Core math make subtraction?" Many are sourced from Michelle Malkin's Twitchy website. Various myths accompany its inflammatory rhetoric, including claims that the lessons derived from Common Core amount to "authoritarian propaganda" and that Common Core critics oppose "centralized" education. Like Breitbart's Susan Berry, the Daily Caller has also turned to the conservative Heartland Institute to push the falsehoods about Common Core, including that it is "a national monopoly on education."
In the continued battle over Common Core, even supporters have acknowledged that implementation has not been smooth, and that the process needs improvement. But these media figures and outlets doing their damndest to ensure that the national conversation on Common Core is steered in a distorted direction only make it harder to have a reasonable discussion.
For more on the lies and truths about Common Core, visit Media Matters' Mythopedia Project.
On the same day the Supreme Court heard oral arguments in Sebelius v. Hobby Lobby, a significant reproductive rights case under the Affordable Care Act (ACA), right-wing media continued to push discredited misinformation about a different ACA case that could do even more damage to health care reform.
On March 25, the D.C. Circuit Court of Appeals (finally fully-staffed) heard oral arguments in Halbig v. Sebelius. Unlike Hobby Lobby, Halbig has the potential to undermine the ACA as a whole by rendering the new federal health insurance marketplaces of the exchanges useless.
Since 2012, right-wing media have engaged in a loud campaign to push this challenge all the way to the conservative justices of the Supreme Court, even though legal experts agree this lawsuit is far-fetched and a distortion of the text, history, and purpose of the ACA. In the wake of yesterday's appellate arguments, conservative media is continuing to lecture Congress that legislators really meant to counter-intuitively destroy the ACA when they passed it, a bizarre argument that the editors of the National Review Online claimed "Democrats might have anticipated if they'd bothered reading the law." The Wall Street Journal took it as an opportunity to again accuse Obama of executive overreach, and invited the judiciary to "check on those abuses" and "vindicate the rule of law" by rewriting history to pretend Congress never intended tax credits in the federal exchanges.
A federal district court has already ruled against this unlikely argument, holding their "unpersuasive" legal theory about Congress' true intention contrary to common sense, because it would lead to "strange or absurd results."
Right wing media have repeatedly pushed the myth that contraceptives are affordable and accessible for all women, denying the disproportionate barriers to access many women experience -- access which is currently facing further challenges in the Supreme Court.
Despite studies that consistently point to discrimination as the cause for disproportionately harsh discipline on students of color, a National Review Online article falsely suggested that unrelated black crime rates and "family breakdown" are to blame.
On March 21, the U.S. Department of Education Office for Civil Rights released new data, including this snapshot on school discipline which found "disproportionately high suspension/expulsion rates for students of color."
In a March 24 post, NRO's Heather Mac Donald criticized the Department of Education study for highlighting the racial disparity in school discipline, claiming without evidence that the black crime rate, not discrimination, "explains the school-suspension rate":
Black males between the ages of 14 and 17 commit homicide at ten times the rate of white and Hispanic males of the same age combined. Given such high crime rates, what do the civil-rights advocates and the Obama administration think is going on in the classroom -- docile obedience and strict self-discipline? In fact, the same weak impulse control that leads to such high crime rates among young black males inevitably means more disruptive behavior in school.
Mac Donald proceeded to discuss the recent story of a 14-year-old who opened fire on a New York bus, asking, "Did anyone doubt the race of the killer, even though the media did not disclose it?" She concluded her piece blaming "family breakdown" as another factor behind student behavior that leads to the disparities in discipline among children of different races, calling it "common sense that black students are more likely to be disruptive":
None of the federal studies mention or control for single-parent households, of course. Instead, we are supposed to believe that well-meaning teachers, who have spent their entire time in ed school steeped in the doctrine of "white privilege" and who are among the most liberal segments of the workforce, suddenly become bigots once in the classroom and begin arbitrarily suspending pacific black children out of racial bias ... Given the black-white crime disparities, it is equally common sense that black students are more likely to be disruptive in class as well.
The refusal to take student behavior and family breakdown into account in interpreting student discipline rates means that more millions of taxpayer dollars will be wasted suing hapless school districts for phantom racism and sending teachers and administrators back to anti-racism training. The advocacy and anti-bias training complex cleans up, while the root cause of student misbehavior still goes unaddressed.
Despite Mac Donald's claims, experts and studies find discrimination as a cause of the racial disparity in school discipline. The Atlanta Journal-Constitution reported that research shows "[e]ven when they commit the exact same offense as white students, black students suffer more severe consequences," and the Education Department's snapshot showed similar discipline disparities even between students with disabilities, finding "[b]lack students represent 19% of students with disabilities served by [the Integrated Disability Education and Awareness Program], but 36% of these students who are subject to mechanical restraint."
Right-wing media outlets have seized on an anonymously sourced and highly speculative article in The Hill that dubiously proclaimed health care premiums are going to "skyrocket" under the Affordable Care Act.
In a March 19 post on The Hill's Healthwatch blog with the headline "O-care premiums to skyrocket," Elise Viebeck quoted anonymous health insurance industry officials to claim that "ObamaCare-related premiums will double in some parts of the country, countering claims recently made by the administration."
The article and its claim about rising premiums was hyped across the right-wing media. National Review Online claimed "there's only so much massaging of the truth and flat-out lying that one can do before the headlines catch up with the deceit." Hot Air's Ed Morrissey cited The Hill, writing, "ObamaCare has bent the cost curve all right, but sharply upward -- and in 2015, expect them to not just bend but absolutely 'skyrocket.'" Fox Nation highlighted the post under the headline "300%: Insurance Industry Predicts Skyrocketing ObamaCare Premiums":
Despite the certainty implied by the post's headline, the reality is far more complicated. While Viebeck chose to play up the claims made by her anonymous insurance industry sources, the article also cites health policy experts who pointed out that it's far too early to make predictions about "expected rate hikes":
One of right-wing media's leading voices on what should or should not define the institution of marriage has said that same-sex marriage will lead to legalized incest and polygamy, and has argued instead for a definition of matrimony that requires women to consent to sex with their husbands as often as possible, regardless of their "mood." Now the media figure -- talk-radio host Dennis Prager -- is being embraced by Senate Minority Leader Mitch McConnell (R-KY).
Prager, a conservative talk show host, author, and contributor to National Review Online, will host a fundraiser on March 19 for McConnell, who is in the midst of a competitive reelection campaign against Democratic candidate Alison Lundergan Grimes. McConnell, who voted against closing the gender wage gap in 2012, is losing female voters by a large margin. Given Prager's history of inflammatory rhetoric on gender equality issues, McConnell's decision to attend a Prager-led fundraiser is an interesting demonstration of the weight of the conservative talker's influence in right-wing circles.
Indeed, Prager has been a leading voice in the conservative fight against marriage equality, and his views are often extreme. He has said that marriage equality will lead to the legalization of polygamy and incest and that tolerance of the LGBT community will lead to "fascism in America." He compared the 2013 Supreme Court marriage equality ruling on Proposition 8 to the Egyptian military coup of the country's elected government.
As the Supreme Court prepares to hear arguments in the next big reproductive rights case, Sebelius v. Hobby Lobby, some of right-wing media's favorite talking points about women and sex have made their way into amicus briefs filed with the Court.
On March 25, the Supreme Court will hear oral arguments in Hobby Lobby, a case that could allow secular, for-profit corporate employers to impose their religious beliefs about birth control on employees by blocking their right to obtain contraceptives on company insurance plans. A ruling in favor of Hobby Lobby would not only significantly impact the religious freedoms of employees who have no moral objection to preventive health services like birth control, it would have a sweeping effect on years of corporate law precedent. But that hasn't stopped conservative, religious, and anti-reproductive rights groups from filing amicus briefs with the Supreme Court in favor of Hobby Lobby's position, parroting arguments often heard in right-wing media.
In a recent article in Slate, legal expert Emily Bazelon detailed how many of these amicus briefs, filed largely by religious conservatives, voiced arguments from a bygone era when it comes to reproductive rights. Bazelon wrote, "If it sounds like I'm describing a 1960s enraged sermon about the pill, I guess that's the point[.] I could be":
Right-wing media are painting a false picture of the education debate in New York City, portraying Mayor Bill de Blasio as against "minority children" while ignoring his city-wide push for universal pre-kindergarten (pre-K), a program that has been shown to improve minority students' academic performance.
On February 27, de Blasio announced that he would block three charter schools from operating in city public school space rent-free. Having inherited 45 total co-locations from his predecessor Michael Bloomberg, the mayor approved 36 of them, including 14 of the 17 charter schools that applied. This decision resulted in a firestorm of attacks from conservative media who distorted facts to claim de Blasio is waging a "war on children."
Those attacks have shifted to "de Blasio vs. minority children," a frame circling multiple right-wing media outlets, including National Review Online, the Washington Examiner, and The Washington Times. NRO's Mona Charen accused de Blasio of "training his fire on the poorest and most vulnerable," while Thomas Sowell's column, published in the Examiner and the Times, claimed that "If anyone wanted to pick a time and place where the political left's avowed concern for minorities was definitively exposed as a fraud, it would be now."
Pitting de Blasio against minorities isn't a new smear tactic for right-wing media -- the New York Post accused de Blasio of a "war on minorities" roughly one week after he clinched the Democratic primary last September.
Multiple studies have found universal pre-K to be highly beneficial. According to the Center for American Progress, three longitudinal studies on early childhood education "showed not only immediate academic gains but also benefits into adulthood, such as reduced need for public assistance, lower crime rates, and higher earnings." CAP also noted that recent studies have shown pre-K to be effective in "boosting school readiness and academic achievement," including gains in language, literacy, and math skills.
The results from a study on Georgia's pre-K program released last week held that the state's program "produces significant positive outcomes for children, regardless of family income level or English language skills." The scientist who led the evaluation claimed that the study's findings "demonstrate compelling evidence for the impact of Georgia's statewide early education program on children's readiness skills."
What's more, universal pre-K has been shown to improve the academic skills of minority students. The New America Foundation stated in previewing an October 2013 report detailing the benefits of pre-K that "early education is one of the most powerful ways to close the achievement gap between low-income and minority children and their more-advantaged peers." In addition, New America Media, in an article titled "For Minority Kids, Preschool Narrows Education Gap," reported on the benefits of pre-K for African-American and Latino students:
Research on the Chicago Child-Care Centers initiative, published in mid-2011, also emphasizes the positive effects of early education. The study, conducted among 1,400 low-income African American children who were observed for 28 years, show an increased high school graduation rate (50% compared to 39%), lower participation in special education (14% versus 25%), and better results on standardized tests of language and mathematics.
Among Hispanics, data from the Universal Pre-K program in Oklahoma conducted during the early 2000s by the Center for Research on Children in the United States (CROCUS) at Georgetown University, indicates that Latino preschoolers benefited the most from quality preschool. While all students showed improvements in letter and word recognition (+52%), spelling (+27%) and mathematical problems (+21), the progress among Latino children was even higher, at +79%, + 39 and + 54%, respectively.
Image via Herald Post using a Creative Commons License
National Review has established itself as a staunch proponent of allowing business owners refuse service to gay and lesbian customers. It's a position that unfortunately aligns with National Review's record of attacking defending discrimination against marginalized groups, including its shameful opposition to the Civil Rights Movement in the 1950's.
For months, National Review's staff has worked to invent bogus justifications for anti-gay business discrimination, condemning non-discrimination efforts as a form of government overreach. Long before states like Kansas and Arizona sought to pass laws allowing business to refuse service to gay and lesbian customers, National Review was championing business owners who had been sued for engaging in anti-gay discrimination.
In August, after the New Mexico Supreme Court ruled unanimously that photographer Elaine Huguenin violated the state's Human Rights Act by refusing to photograph a same-sex couple's commitment ceremony, National Review joined other right-wing media outlets in their howls of outrage. At National Review Online, NRO contributor and Heritage Foundation fellow Ryan T. Anderson blasted the ruling as a sign that social conservatives had been "driven to the margins of culture," with "religious believers" and "the truth about marriage" under judicial assault.
NRO also took up the mantle of Colorado baker Jack Phillips, who refused to bake a cake for a same-sex couple. In a one-sided interview published under the headline "Let Him Bake Cake in Freedom," NRO editor-at-large Kathryn Jean Lopez framed Phillips, whom a state judge ruled had violated Colorado's anti-discrimination law, as a victim of anti-Christian persecution. Lopez wondered what the "future of freedom" looked like in a world where businesses couldn't turn away LGBT customers.
Given its support for anti-gay businesses, it was unsurprising that National Review cheered the introduction of several state license-to-discriminate bills this winter.
After USA Today columnist and Fox News contributor Kirsten Powers penned a column denouncing Kansas' bill as an example of "homosexual Jim Crow laws," Anderson took to NRO to defend anti-gay business practices as protected under "freedom of association and freedom of contract." Anderson saw "religious liberty and the rights of conscience," not the rights and dignity of LGBT customers, at stake.
As national attention turned toward Arizona following the demise of the Kansas bill, support for anti-gay segregation measures became National Review's official editorial position. Following the Arizona legislature's passage of S.B. 1062 - which would have protected businesses from being sued for anti-gay discrimination - the National Review's editors published a February 24 editorial urging Republican Gov. Jan Brewer to sign the measure. The "necessary" bill, the editors wrote, simply affirmed the ethos of "live-and-let live."