As strict voter ID laws are put into effect ahead of the midterm elections, recent judicial opinions and social science studies continue to poke holes in right-wing media's defense of voter suppression.
National Review editor Rich Lowry equated Kentucky senate candidate Alison Lundergan Grimes' refusal to disclose which presidential candidate she voted for in 2012 with former Republican Rep. Todd Akin's (MO) stunning claim that it is "really rare" for a woman to become pregnant as a result of "a legitimate rape." Lowry suggested the two positions were politically equivalent "gaffes," whitewashing the fact that Akin's statement was not only absurdly disconnected from scientific reality -- it also happened to reflect actual policy priorities of the Republican Party.
During an October 10 interview with the editorial board of The Louisville Courier-Journal, Grimes said she "respect[ed] the sanctity of the ballot box" when asked if she voted for President Obama in past elections. During an October 13 candidate debate, Grimes reiterated her stance on voter privacy:
GRIMES: This is a matter of principle. Our constitution grants, here in Kentucky, the constitutional right to privacy at the ballot box, for a secret ballot. You have that right, Senator McConnell has that right, every Kentuckian has that right.
GRIMES: I am not going to compromise a constitutional right provided here in Kentucky in order to curry favor on one or other side or for members of the media.
In an October 15 column published by Politico Magazine, Lowry exclaimed that "Alison Lundergan Grimes is the Todd Akin of 2014," and argued that Grimes' stated position defending the secret ballot was "a defining political gaffe" for this election. He likened her comments to then-Rep. Todd Akin's infamous statements about rape and pregnancy, in which Akin stated that pregnancies resulting from rape are rare because, "if it's a legitimate rape, the female body has ways to try to shut that whole thing down." Lowry argued that the two candidates represented similar levels of political ineptitude, writing that each was "telegenic, mockable and universally condemned."
Grimes' decision to stand on principle with regard to voter privacy has been labeled a "gaffe" by some, but, as MSNBC's Steve Benen pointed out, it is "an issue the media has deemed extremely important, but which actually affects no one."
By comparison, Akin's alarming comments on rape and pregnancy were reflected to varying degrees in actual policy decisions favored by Republican elected officials and candidates. Akin would later attempt to clarify his remarks amid a "firestorm" of controversy, but maintained his opposition to legal abortion access for women -- a constitutional right codified by the Supreme Court in its 1973 Roe v. Wade decision. In 2012, many prominent Republican candidates and conservative media figures supported banning safe and legal abortion, making the issue a central part of campaign rhetoric.
In October 2012, Indiana Republican senate candidate Richard Mourdock voiced his opposition to abortion "even when life begins in that terrible situation of rape," stating that "it is something that God intended to happen." Around the same time, Republican Rep. Joe Walsh of Illinois supported a ban on all abortion, including cases that would threaten the life of the mother. Walsh falsley claimed that "modern technology and science" had solved the problem of potentially life-threatening pregnancies. During a 2007 Republican presidential debate, Mitt Romney said "we don't want to have abortion in this country at all, period." He went on to state that it would be "terrific" if Congress passed a bill outlawing abortion, which he would be "delighted" to sign. Romney dodged abortion questions throughout his 2012 campaign, but promised to eliminate federal funding for women's health organizations like Planned Parenthood and vowed to be "a pro-life president."
Outlawing access to abortion remains a lightning rod for conservative media, with some right-wing outlets going so far as to tie debates about legal abortion to the crimes of convicted murderer Kermit Gosnell. Right-wing media figures like Karl Rove have pushed the myth that some forms of contraception are actually forms of abortion, while others such as Bill O'Reilly advanced extremist views on fetal "personhood" that would criminalize most abortions.
There is no appropriate comparison between Akin's extreme rhetoric and false scientific claims, and Grimes' personal defense of privacy at the ballot box.
Conservative media are attacking actor Ben Affleck for comments he made objecting to disparaging generalizations about Islam during a heated exchange with HBO host Bill Maher, using their dialogue as ammunition to continue claiming that the religion has a unique connection to extremism and that Muslims have not done enough to root out religious zealotry.
Conservative media are suggesting that the Obama administration is "working with foreigners to subvert the Constitution" by seeking a climate agreement with other nations without Senate approval, but legal experts agree that because it is not expected to be legally binding, the accord does not require Senate ratification.
Right-wing media personalities blamed President Obama for recent violence in Iraq, blaming the rise of violent militants in the country on Obama willfully refusing to negotiate a Status of Forces Agreement (SOFA) with Iraqi Prime Minister Nouri al-Maliki to leave behind some American forces and instead redeploying all U.S. troops. In reality, the Iraqi government refused to negotiate a viable SOFA with the U.S. despite Obama's efforts to maintain a military presence.
Marriage equality advocate attorneys David Boies and Ted Olson see the media opposition to their cause softening, and believe that while conservative media "are not prepared to embrace marriage equality," they are shying away from the issue because "they think that the wave of the future is against them."
Boies and Olson garnered attention when they joined forces in 2010 to battle California's anti-marriage equality ballot measure, Proposition 8, which was ultimately overturned by the U.S. Supreme Court last summer.
The duo, who had previously worked in opposition during the 2000 Bush vs. Gore case, kicked off a book tour this week to promote Redeeming the Dream, their account of the legal battle for marriage equality and the landmark ruling that struck down Proposition 8.
Prior to an event in Maplewood, N.J. Wednesday night, the lawyers-turned-authors spoke with Media Matters and said they see the media coverage of marriage equality becoming increasingly supportive, marking a notable change from even the recent past.
"The media in my view covered this issue very poorly for many years," Boies said. "The whole area of gay and lesbian rights was something that the media didn't know how to deal with, were a little uncomfortable dealing with it, didn't want in their view, to get too far out ahead of some of their readers. Because it was a sensitive issue [they] didn't cover it nearly as much as they should have."
Now, according to Boies, media figures "are beginning to feel uncomfortable opposing it ... I think there have been a number of people who you might think of as conservative commentators who have either been modestly favorable to us or silent on the issue and waiting to see."
Olson added, "We had one or two favorable Op-Ed pieces by members of the editorial board of The Wall Street Journal. National Review has been pretty consistently on the other side of this. Ed Whelan, who writes in the National Review is very, very strong on the other side of the issue. But a lot of the conservative press is staying away from the issue because I think they think that the wave of the future is against them. So that tells you something right there."
"I think the shift's continuing," Boies noted. "I think some of the more conservative media are sort of standing back. They are not prepared to embrace marriage equality, but I do think they see that that is the wave of the future. Remember, as much as between 75 to 80 percent of people under 30 ... liberals, conservatives ... 75 to 80 percent of those people favor marriage equality. You don't want to get crossways with that kind of demographic wave."
Media Matters has documented Fox News' lack of coverage of marriage equality court decisions since the 2013 Supreme Court rulings, with many major cases receiving less than a minute of coverage on the network.
Both Boies and Olson felt they had personally been well-received by both conservative and mainstream media outlets, and that their issue had received fair coverage.
"Lots of different media reacted in different ways, but we were received very warmly, or I was, on Chris Wallace's show, on Fox," Olson recalled. "Of course, places like MSNBC have given us more access than some of the other outlets, but the novelty of the two of us coming together have caused curiosity. I'd say we were fairly favorably well-received in most places."
NRO editor and Fox News contributor Deroy Murdock criticized President Obama for advocating policies that allegedly hurt African-Americans ignoring that the African-American unemployment rate is at a five-year low.
Instead of highlighting the achievement, Murdock criticized Obama in a May 16 post for the National Review Online, going so far as to ask whether Obama's policies are "anti-black":
The conservative media got their candidate with the election of former Bush administration official Ben Sasse in Nebraska's Republican primary for U.S. Senate. Sasse was endorsed by Sarah Palin, Mark Levin, and Erick Erickson, and has been prominently featured on Fox News and in National Review.
Sasse's win capped a bruising primary between him and fellow Republicans Shane Osborn and Sid Dinsdale. Politico noted there was "back-and-forth mudslinging" over conservative credentials even though there "are no clear ideological differences between the candidates, and the 'establishment' and 'tea party' labels associated with the candidates are fuzzy."
Allies of Senate Minority Leader Mitch McConnell and a coalition of Nebraska activists supported Osburn, while outside national groups such as FreedomWorks, Tea Party Express, Family Research Council, and Senate Conservatives Fund backed Sasse.
Some of Sasse's biggest boosters were in the conservative media. National Review featured the Nebraskan on the cover of its January 27 issue, calling him a "health-care expert" and "rising conservative star." The Sasse campaign frequently touted the cover on the campaign, and promoted it in a campaign ad:
Jonah Goldberg criticized environmental reporters for focusing on climate change, saying that they were missing "serious problems, such as ocean acidification." However, ocean acidification is caused by the same carbon pollution driving climate change.
In his syndicated column on April 23, National Review Online editor-at-large Goldberg wrote that Republican politicians "still care about the environment," suggesting that they pay attention to environmental problems "such as ocean acidification, overfishing, elephant and rhino poaching, and loss of habitat" rather than climate change:
Contrary to what you may have heard, GOP politicians still care about the environment, but they take their cues from public opinion, not from the green lobby.
Important work is being done on serious problems, such as ocean acidification, overfishing, elephant and rhino poaching, and loss of habitat. None of these issues get a fraction of the coverage they deserve. That's because many environmental reporters think their beat begins and ends with climate change.
Ocean acidification is sometimes known as the "evil twin" of climate change as it is also driven by carbon dioxide emissions, making the ocean more acidic -- surface ocean waters are now about 30 percent more acidic than they were at the beginning of the Industrial Revolution, as carbon dioxide builds up in the atmosphere and is increasingly absorbed by the ocean. Goldberg is correct that ocean acidification does not get the attention it deserves, as it threatens coral reefs that provide coastal protection from storms and tourism, and shellfish that make up a large part of the fishing industry.
Climate change also exacerbates species loss further threatened by overfishing, poaching and habitat destruction -- the other issues Goldberg names as truly "serious." In addition, climate change is itself emerging as one of the main drivers of habitat loss. This is why environmental groups and reporters have focused on climate change, while continuing to address environmental problems from overfishing to poaching, as it is a threat multiplier with global consequences.
While Goldberg is now calling for attention to these particular environmental topics, he has not given much attention to them himself in the past. The only time Goldberg has previously mentioned ocean acidification in his column* was to claim that we could address it by giving the ocean "some antacid" in 2009:
Is the atmosphere getting too hot? Cool it down by reflecting away more sunlight. The ocean's getting too acidic? Give it some antacid. The technology's not ready. But pursuing it for a couple of decades will cost pennies compared with carbon rationing.
Oyster hatcheries have indeed been resorting to putting the equivalent of Tums into hatcheries to make up for the declining numbers of oysters in the ocean, but dumping huge amounts of antacid into the ocean at large is considered impractical by scientific groups such as the Woods Hole Oceanographic Institution.
The only time that Goldberg mentioned overfishing** was in 2005. In that same column was the last time that Goldberg mentioned animal habitats, claiming that the United States had "added vast new habitats for animals" without ever mentioning continuing habitat loss.*** Goldberg has never before covered poaching in his column.****
A Mississippi bill that will severely limit access to reproductive health is being promoted by conservative lawmakers using misleading arguments that mirror those pushed by right-wing media outlets.
In 2012, Mississippi passed House Bill 1390, legislation that would require all physicians who perform abortions to have admitting privileges at a local hospital. Mississippi Gov. Phil Bryant (R) signed the law, stating, "To further protect patient safety in the event of a complication during the procedure, this bill also requires the physician to have staff and admitting privileges at a local hospital." The governor's spokesman noted that Bryant felt the law was "an important step in strengthening abortion regulations and protecting the health and safety of women."
Rep. Sam Mims, HB 1390's sponsor, said in a CNN interview that the purpose of the law is "to make sure that women who are receiving these abortions are receiving abortions by a professional physician who is certified," and that "If something goes wrong, which it might -- we hope it doesn't, but it could -- that physician could follow the patient to a local hospital. That's the intent. And what happens afterwards, we'll have to see what happens." In a May 8, 2012 blog, the Mississippi Republican Party wrote "HB 1390 will require all physicians performing in abortion clinics to have admitting privileges at a local hospital; a necessity to protect life in case of an emergency during an abortion."
In July of that year, however, the law was partially blocked by a federal judge after the Center for Reproductive Rights filed a lawsuit alleging that the law is unconstitutional. The law made headlines again in 2014 as the Fifth Circuit Court of Appeals is considering whether to uphold the injunction.
Talking Points Memo argued that, despite the governor's purported concern for women's health, the law has more to do with restricting reproductive access than it does with women's health, arguing that medical organizations oppose requiring admitting privileges and pointing to Bryant's history of anti-choice advocacy. Diane Derzis, the owner of Jackson Women's Health Organization, agreed, telling Politico, "These people hide behind words like 'safety,' 'women's health,' 'concern' and 'compassion.' "
But the same could be said for choice opponents in the right-wing media, who frequently couch their anti-choice activism as concern over women's health.
Conservative media have rallied behind Ayaan Hirsi Ali, a political activist known for her toxic anti-Islam rhetoric after Brandeis University cancelled plans to grant her an honorary degree. Right-wing media have painted Hirsi Ali as a champion for women's rights, but instead appear to use her views on gender as a rhetorical gateway to attack the religion of Islam and highlight Hirsi Ali's view that Islam is a religion of violence and a "cult of death."
On April 8, Brandeis University announced that it would reverse course in awarding an honorary degree to Hirsi Ali, a visiting fellow at the conservative American Enterprise Institute (AEI) known for her critical views of Islam. The New York Times reported that while Brandeis has invited Hirsi Ali to speak, it could not "overlook that certain of her past statements are inconsistent with" its values, labeling her past statements as the reason it revoked the degree.
Since the announcement, conservative media figures have rushed to defend Hirsi Ali, some using her life experience to explain away her Islamophobic comments. Weekly Standard editor Bill Kristol called the move an "example of a war on women" and argued that the university had "caved to Muslim thugs." Fox News' Sean Hannity said the university's decision was an "example of left-wing appeasement." On April 10, Fox contributor Monica Crowley asked, "Where are the moderate Muslims? Where are people who, like Ali, have left the faith and are willing to courageously speak about it? And yet when somebody does show the guts and gets out there to do it, this is how they're treated?"
But Hirsi Ali is not moderate in her views of Islam -- once referring to the religion as "a destructive nihilistic cult of death" in a 2007 interview with The London Evening Standard. The New York Times reports that Hirsi Ali has also "advocated the closing of Islamic schools in the West and said that 'violence is inherent in Islam' and that 'Islam is the new fascism'." In a 2007 Reason interview, she also called for Islam to be militarily crushed and suggested the Constitution should be amended to permit oppression of U.S. Muslims.
Hirsi Ali has similarly used her position at AEI to push for antagonistic relations between the U.S. and Muslim-majority countries, even criticizing President Obama for not "associating Islam with extremism." In a 2010 Wall Street Journal op-ed, How to Win the Clash of Civilizations, Hirsi Ali highlighted her views that Islam "is at war with America" and wrote that Western civilization "needs to be actively defended" against Islam.
Although Hirsi Ali has been an outspoken advocate for women's rights, her narrative that violence and misogyny are inherent to the religion of Islam is problematic, but it is also what has recently propelled her into the conservative media spotlight. Right-wing outlets such as Fox have been notorious for amplifying Islamophobic voices in an effort to spread fear that Muslims are 'taking over,' while pushing the idea that Islam is adverse to Western values.
Conservative media have greatly enabled anti-Islam propaganda, and have had a significant role in propagating the belief that Islam is a violent religion and is therefore something the United States must fight against. On April 9, Fox host Andrea Tantaros exemplified this when she defended Hirsi Ali by arguing "we are" at war with radical Islam because "they are going to kill us, as the Qur'an states according to Bernard Lewis and many other scholars, they're going to kill us, Sean, until we are all Muslims or ruled by Muslims."
Fox and other conservative voices such as Pamela Geller, Zuhdi Jasser, and the National Review use figures like Hirsi Ali to boost their own anti-Islamic positions as legitimate, giving them cover to continue spreading anti-Muslim hate. Conservative media's rush to uphold Hirsi Ali's story is therefore much more a defense of their own Islamophobic narratives than of Hirsi Ali herself.
Violence against women in any form is a serious issue in many societies, and to limit the discussion by portraying it as a problem specific to the Muslim community, while dehumanizing an entire faith, is irresponsible, inimical to the cause of women's rights, and it is Islamophobic.
As Evelyn Alsultany, author of Arabs And Muslims in the Media and associate professor at the University of Michigan, told Media Matters, Hirsi Ali "has not promoted any kind of true understanding of Islam, but has provided justification for the public and the government to perpetuate racism." Alsultanty explains further:
While she has brought attention to oppression that some Muslim women face, she has done so by simplistically blaming Islam. As a result, she has powerfully contributed to naturalizing the idea that Islam in and of itself is the enemy of democracy and civilization. This idea has serious consequences. It has led to Muslims in the West facing a spectrum of experiences, from hostile questions about their faith to hate crimes. It has provided justification for the U.S. to invade Afghanistan and Iraq, that has negatively impacted the lives of Muslim women through war.
Communications director to the Center for American-Islamic Relations (CAIR) Ibrahim Hooper similarly pointed out that Hirsi Ali's rhetoric hijacks legitimate issues and "demonizes Islam." As Alsultany concludes, "we need to find a way to discuss a serious problem -- violence against women in a way that does not present the problem as exclusive to Muslim women."
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":
Libel and slander cases are increasingly viewed as long-shot legal propositions that aren't worth the effort required to see the cases to completion only to suffer defeat. But three high-profile libel suits against media organizations are bucking that trend and making their way through the legal system. Two of them have already cleared steep judicial hurdles, opening the way for the discovery phase and possible jury trials. All involve well-know conservative media defendants: National Review, the New York Post and Glenn Beck's The Blaze.
As Media Matters has documented for years, newsroom standards for conservative journalists leave much to be desired and outlets routinely trample over established norms of responsible behavior. But has the recklessness reached such heights, and have the attacks become so slanderous, that courts will rule against the offending media outlets? And if so, how high could the penalties run?
"Damages for every case come down to whatever the jury wants them to be," former New York Times general counsel George Freeman tells Media Matters.
Responding to speculation that a pricey courtroom loss could drive National Review out of business, publisher Jack Fowler assured readers in January that the magazine has libel insurance to cover damages, although he conceded "our insurance does not cover all the costs related to the suit." But even if the three outlets avoid a big jury loss, simply paying the legal fees becomes tantamount. "The costs can be absolutely staggering," says Robert Drechsel, professor at the University of Wisconsin who specializes in media law.
Not surprisingly, the three headline-making suits revolve around hot-button issues for the right-wing media: last year's Boston Marathon terror bombing case, which led to the suits against the New York Post and Beck, and the political jousting over climate change, which pits National Review versus Penn State meteorology professor Michael Mann.
"All three are plausible libels suits," says Drechsel.
Just three weeks ago the Associated Press reported the Obama administration needed "something close to a miracle" in order to "meet its goal" of enrolling six million people into private health care plans via the Affordable Care Act before the looming April 1 deadline arrived.
The article's premise was telling in that it focused on what the political fallout would be if Obamacare sign-ups fell short. Noticeably absent was any analysis of what an Obamacare deadline success would look like or what the political implications would be. The scenario of success simply wasn't considered plausible or worth addressing.
Of course, we now know that as many as seven million people enrolled for private coverage through the exchanges established by Obama's health care law. Thanks to an amazing consumer surge in the month of March, the seven million mark, routinely thought of last year as completely unattainable, and often dismissed this year as not possible, was met.
And because of a provision of the Obamacare law, approximately three million young people have been added to their parents' private insurance plans. Meaning, more than 10 million people have used Obamacare to secure health coverage. The new law, noted the Los Angeles Times, "has spurred the largest expansion in health coverage in America in half a century." The paper reported, "At least 9.5 million previously uninsured people have gotten health insurance since Obamacare started."
Take a look at this revealing chart from CNNMoney.com and what the future of health care coverage under Obamacare might look like:
Given all of that, where's the heated coverage of the miraculous Obamacare comeback? Aside from the Times and CNNMoney pieces, I'm hard pressed to find many recent media examples that laud the health care achievement with the same unrestrained vigor that the press employed for weeks and months depicting Obamacare as an historic failure and one that could ruin Obama's presidency, and perhaps even the Democratic Party. (Remember, Obamacare "may be Obama's Katrina, Iraq War.")
Is Obamacare now a model of government efficiency? It is not. The initial rollout, without qualification, was a failure. And lots of major hurdles still loom. But the remarkable success of the enrollment figures has clearly failed to produce the type of media response that Obamacare's remarkable failure ignited last year.
So the larger media coverage question is, has the press been wed for so long to the Republican-friendly narrative of a broken and doomed Obamacare system that journalists are refusing to adjust the storyline as crucial new facts emerge?
Right-wing media have spent nearly a decade making false claims about birth control -- and now those falsehoods have found their way into the mouths of Supreme Court justices.
The Supreme Court on March 25 heard consolidated arguments in Sebelius v. Hobby Lobby and Conestoga Wood Specialties Corp. v. Sebelius, which examine whether for-profit businesses can deny employees health insurance coverage based on the owners' personal religious beliefs, a radical revision of First Amendment and corporate law. The owners of Hobby Lobby and Conestoga argue they should not be forced by the government to provide their employees insurance which covers certain forms of contraception, because they believe those types of birth control can cause abortions.
The owners are wrong. Medical experts have confirmed they are wrong, repeatedly and strenuously, including experts at the National Institute of Health, the Mayo Clinic and the International Federation of Gynecology. The contraceptives Hobby Lobby objects to -- which include emergency contraceptives like Plan B and long-term contraceptives like Intrauterine Devices (IUDs) -- delay an egg from being fertilized, and as the former assistant commissioner for women's health at the FDA noted, "their only connection to abortion is that they can prevent the need for one."
Despite this overwhelming medical evidence, the myth that some of the contested forms of birth control are "abortifacients" has gone all the way to the Supreme Court -- and now has been repeated by some of the justices themselves. During the oral arguments in the Hobby Lobby case, Justice Antonin Scalia responded to a point made by Solicitor General Donald Verrilli, the lawyer for the government, by referring to "birth controls ... that are abortifacient."
JUSTICE SCALIA: You're talking about, what, three or four birth controls, not all of them, just those that are abortifacient. That's not terribly expensive stuff, is it?
GENERAL VERRILLI: Well, to the contrary. And two points to make about that. First, of course the -- one of the methods of contraception they object to here is the IUD. And that is by far and away the method of contraception that is most effective, but has the highest upfront cost and creates precisely the kind of cost barrier that the preventive services provision is trying to break down.
Justice Stephen Breyer, while describing the position of the Hobby Lobby owners, also referred to "abortifacient contraceptives."
This misunderstanding matters because it could determine the outcome of the case. In order to win, a majority of justices may have to understand there is a compelling government interest in facilitating equal access to contraceptives across health insurance plans. It is an entirely different and more difficult question if the justices examine whether there is a compelling interest in the government facilitating access to abortion. Even though federal law explicitly prohibits federal funding of abortion and these birth control methods are not abortifacients, if the justices mistakenly think abortion is involved, this case becomes far more dangerous.
So whether the employees of for-profit companies like Hobby Lobby are guaranteed access to basic preventative health care could ultimately come down to whether the justices act on the reality that these forms of birth control do not cause abortions. Whether for-profit companies are considered religious persons, a drastic change to constitutional corporate law, could come down to whether the justices act on the reality that these forms of birth control do not cause abortions. Whether the rights of gay and lesbian employees are respected, and whether taxes, vaccines requirements, minimum wage, overtime laws are all upheld could come down to whether the justices act on the reality that these forms of birth control do not cause abortions.
This simple lie about birth control could set up a chain of events that drastically alter health care by rewriting First Amendment and corporate law in this country -- and it's a lie that comes straight from the media, who have been pushing it for almost a decade.
Studies came out as early as 2004 pushing back on the idea that Plan B caused abortions, but Media Matters has repeatedly noted the tendency of journalists to get their facts wrong when addressing the issue. In 2005, CNN host Carol Costello gave a platform to a pharmacist who refused to fill a prescription for birth control pills because she thought they were equivalent to "chemical abortion." In 2007, Time magazine called the morning-after pill "abortion-inducing," while an AP article pushed the false Republican claims that emergency contraception destroys "developing human fetuses." In 2010, The Washington Times repeatedly equated emergency contraception to abortion.
And there was Lila Rose, the anti-abortion activist who in 2011 released videos heavily edited to deceptively portray practices at Planned Parenthood clinics, and who has equated contraception to "abortion-inducing drugs" which she claims exploit women. Rose and her mentor, James O'Keefe, defended their manipulation and falsification of evidence as "tactics" against the "genocide" of abortion, and she was supported and promoted on The O'Reilly Factor, Hannity's America, The Glenn Beck Show, The Laura Ingraham Show, while her work was been featured by Reuters, the Los Angeles Times, The Wall Street Journal, Washington Times, and National Review.
When the Affordable Care Act was passed in 2010, and medical experts including the Institute of Medicine recommended including comprehensive coverage for contraception as part of the preventative care provisions, right-wing media freaked out, calling it "immoral" and "a way to eradicate the poor." Fox News ignored the overwhelming support for the resulting contraception policy, instead pretending that Catholic hospitals and employers were being victimized -- even as exemptions and accommodations were included for churches and religious nonprofits. By 2012, Fox News' Michelle Malkin was referring to the contraception regulations as an "abortion mandate." Now, right-wing media figures have used the Hobby Lobby case and others to bring back this lie, from Fox News to the Wall Street Journal, while Rush Limbaugh and Laura Ingraham have become particularly fond of discussing these "abortifacients."
As Media Matters has previously explained, right-wing talking points demonizing birth control made their way into the amicus briefs presented to the court before the case was even argued, and Justice Scalia in particular has been known to repeat verbatim right-wing myths, such as the dubious idea that if the Supreme Court upheld the ACA the federal government could ultimately require consumers to purchase broccoli.
But the presence of the "abortifacient" lie during oral arguments takes this worrying tendency to a new level, raising the prospect that right-wing media's lies could potentially determine the outcome of a crucial case for religious and corporate law, hugely damaging reproductive rights in the process. If women lose the guarantee for their basic preventative health care, and corporations are granted even more flexibility as "persons" with religious rights, right-wing media will be partly to blame.