Source: Senate Democrats
National Review editor Rich Lowry, who previously called judicial filibusters a "perversion" of democratic checks and balances and urged the Republican Senate majority leader to end them and then "sleep the sleep of an utterly justified defender of Senate tradition" is lashing out at Senate Democrats for taking his advice.
On November 21, Senate Democrats responded to the Republican minority's unprecedented wave of filibusters of President Obama's executive and judicial nominees by changing the Senate rules to allow their confirmation with the support of a simple majority. In 2005, when Senate Democrats were in the minority and blocked the confirmation of a handful of President Bush's judicial nominees, many in the conservative media urged then-Senate Majority Leader Bill Frist (R-TN) to take that same step. That "nuclear option" was not deployed after several Senate Democrats agreed to allow the confirmation of most of the held-up nominees.
Discussing the issue on Fox's The Real Story, Lowry accused President Obama of trying to "pack" a prominent appeals court and called Senate Majority Leader Harry Reid "the biggest hypocrite in the country" because he supposedly "made the filibuster for judges sound like the most sacrosanct institution in our Constitutional republic" in 2005 and "now, when it's convenient for him, he's changing it."
While accusing others of hypocrisy, Lowry sweeps under the rug his fulsome support for eliminating the filibuster in 2005 after Democrats filibustered several arch-conservative Bush nominees. At the time, Lowry called judicial filibusters a "perversion" that flew in the face of the Senate tradition of bringing "a president's nominees to the floor for an up-or-down vote without filibusters." He urged Frist to "take away [Democrats'] ability to mount unprecedented judicial filibusters through the so-called nuclear option, then sleep the sleep of an utterly justified defender of Senate tradition."
Reid and the Senate Democrats are responding to the dramatic change in circumstances since 2005. While Democrats blocked a handful of nominees who they considered ideologically extreme, Republicans have engaged in an unprecedented effort to obstruct the confirmations of virtually all Obama nominees, including some positions for which they say they will accept no nominee at all.
As the Office of the Majority Leader explains, according to the Congressional Research Service, "nearly half of all the filibusters waged on nominations in the history of the United States have been waged by Republicans under President Obama. In the history of the U.S., 168 nominees have been filibustered - with 82 occurring during the Obama administration. In the history of the U.S., 23 district court nominees have been filibustered - with 20 being Obama nominees."
This effort has included the blanket filibustering of all nominees for the U.S. D.C. Circuit Court of Appeals, which Republicans now claim does not require a full complement of judges. Republicans have filibustered more than twice as many Obama executive branch nominees as were blocked during the Bush administration.
Right-wing media picked up a misleading NBC News report that claimed President Obama knew millions of Americans would receive "cancellation" letters terminating their health insurance -- a report NBC News later clarified by explaining many of the policies would be "replaced" and not canceled.
In an October 28 NBC News report, senior investigative reporter Lisa Myers claimed that "50 to 75 percent" of individual health insurance consumers "can expect to receive a 'cancellation' letter or the equivalent over the next year" because their existing policies do not meet Affordable Care Act standards. Right-wing media have used similar language to claim "thousands of people across the country receiving cancellation notices from their insurers." In a New York Post column, National Review's Rich Lowry claimed "hundreds of thousands of people in states around the country are now receiving notices that their insurance is getting canceled." Fox News' Charles Krauthammer described the issues with the discontinued policies as "almost a parody of the definition of a liberal."
However, on the October 29 edition of MSNBC's The Daily Rundown, host Chuck Todd challenged Myers' description of policy letters sent to insurance consumers as policy replacements, not cancellation. Myers agreed:
From the October 18 edition of Fox News' America's Newsroom:
Fox News offered the Republican Party advice on how they might recover from the GOP-led government shutdown that damaged the images of both Republicans and the tea party and caused at least $24 billion in economic harm.
Late in the evening of October 16, the federal government reopened after a 16-day shutdown, which began after Republicans in Congress refused to pass any bill to fund the government if it included funding for the Affordable Care Act (ACA). Republican tea party members of Congress like Sen. Ted Cruz led the shutdown effort, which according to The New York Times was conceived by conservative activists months in advance. After two weeks, Standard and Poor's estimated the shutdown cost the U.S. economy $24 billion, and the company reduced its forecast for economic growth as a result. And this cost is still climbing.
Following the shutdown, Republican party approval ratings plummeted to all-time lows, while the percentage of Americans with an unfavorable opinion of the tea party is at an all-time high. According to NBC News, 53 percent of Americans blame the GOP for the shutdown, versus 31 percent who blame the president -- a 22-point spread. Those numbers have led some political analysts to predict the GOP may lose its House majority in the upcoming mid-term elections.
Fox News responded by launching into damage-control mode. On the October 17 edition of The Real Story with Gretchen Carlson, Carlson and Fox contributor Rich Lowry attempted to advise the GOP on ways it could "get its mojo back" after the shutdown debacle.
Ironically, Fox is attempting to clean up a mess they helped create -- the network was instrumental in the creation of the tea party, and its own pundits cheered on the shutdown-strategy both before and after its implementation.
Media outlets continue their campaign of false equivalency to misleadingly assign President Obama an equal share of the blame for not negotiating with Republicans to repeal, defund, or delay the Affordable Care Act to end the government shutdown. But polls show the American people overwhelmingly disapprove of GOP actions that led to the shutdown.
There's a growing movement of journalists and pundits who are rooting for the Republican-led impasse over government funding to result in a shutdown of government services. "I'm rooting for a shutdown and you should be too," writes Joshua Green in the Boston Globe. "Shut down the government!" cheers Todd Purdum in Politico. It's not that these writers are actually keen on causing economic disruption: they see it as the only recourse available to correcting the Republican political nihilism that keeps bringing us to the brink of crisis.
It's hard to begrudge them for what seems so cavalier a position -- we may have reached the point of political toxicity that drastic measures of this sort are the only remaining curatives. What is bothersome is the habit of conservative pundits who enable this political dynamic by recognizing the role people like Sen. Ted Cruz (R-TX) are playing in it, but brushing that aside and praising Cruz for exploiting it to achieve mundane, short-term political goals.
After Cruz's 21-hour non-filibuster in support of defunding Obamacare, there was widespread agreement on the left and (much of) the right that Cruz had done little beyond raising his own profile and raising the likelihood that the government would have to shut down.
Writing in Politico, National Review's Rich Lowry marveled at Cruz's speech: "After talking the talk, Ted Cruz wins." Lowry knows that Cruz's policy goals are unattainable ("farfetched to the point of absurdity") and that his politics are causing chaos in Congress at a time when it really needs to get work done, but he views that as secondary to Cruz's accomplishment of riling up conservative base voters:
The Cruz eye-rollers had plenty of occasions to roll their eyes -- perhaps no senator has caused so many colleagues to mutter under their breaths in his first eight months in the world's greatest deliberative body -- but the conservative grass roots stood up and cheered. They are desperate for gumption and imagination and, above all, fight, and Cruz delivered all three during his long, bleary-eyed hours holding forth on C-SPAN2.
We're on the precipice of shutdown because the Republicans can't get their act together, and Cruz's tactics are causing further disarray, and Cruz gets a cookie for making a small slice of the American electorate feel good about themselves?
National Review editor Rich Lowry declared that the civil rights dream of the 1960s has been "won," and thus assertions of ongoing discrimination are "imagined slights and manufactured controversies," a claim that dismisses the current reality of economic inequality and voting rights struggles.
August 28 marked the 50th anniversary of Dr. Martin Luther King, Jr.'s March on Washington, an event dedicated to calling for civil and economic rights for African-Americans. It was there in 1963 that Dr. King delivered his famous "I Have A Dream" speech, and the events helped bring about enactment of the 1964 Civil Rights Act and 1965 Voting Rights Act. For the anniversary celebration, tens of thousands gathered at the Lincoln Memorial to hear President Obama and Rep. John Lewis (D-GA) - a speaker at the 1963 march - give remarks.
In a Politico op-ed the next day, National Review editor Rich Lowry used the anniversary celebration as a vehicle to criticize today's civil rights movement as "an intellectually exhausted disgrace" with leaders who are a "degeneration" to the original effort. This is because, according to Lowry, Dr. King's dream "was a glorious triumph" and the fight for equal rights "is won," while today's movement "subsists largely on imagined slights and manufactured controversies unrelated to the welfare of real people."
As evidence of these "manufactured controversies," Lowry mocked the notion that recent voter ID laws are discriminatory and declared: "What the contemporary civil rights establishment can't bring itself to acknowledge is that cultural breakdown has more to do with the struggles of blacks than any officially sanctioned discrimination." He also ignored the continuing problem of economic inequality between whites and African-Americans.
Lowry's dismissal of the discriminatory nature of voter ID laws is illustrative of falsehoods he's pushed in the past. At least 11 percent of American citizens do not possess a government issued photo ID, and the percentage of African-Americans without a photo ID is even higher - one study estimated the number at 25 percent. Even if a state purports to issue an ID for "free," there are costs associated with obtaining one that amount to a poll tax. As the Brennan Center for Justice determined, voter ID laws "create more burdens for minority citizens."
National Review editor Rich Lowry criticized Senator Ted Cruz's effort to defund Obamacare as "a grass roots-pleasing slogan," adding to the conservative media divide over Republican plans to defund the health care law by threatening a government shutdown.
Republican politicians, including Cruz (TX) and Senator Mike Lee (UT), have threatened to shut down the government in order to stop funding health care reform. That approach has earned criticism from other Republicans, such as Senator Richard Burr (NC), who called it "the dumbest idea I've ever heard of."
Writing in Politico, Lowry argued against Cruz's strategy, dismissing it as "a grass roots-pleasing slogan" and unrealistic:
His push to defund Obamacare this fall is a grass roots-pleasing slogan in search of a realistic path to legislative fruition. Cruz never explains how a government shutdown fight would bring about the desired end. The strategy seems tantamount to believing that if Republican politicians clicked their wing tips together and wished it so, President Barack Obama would collapse in a heap and surrender on his party's most cherished accomplishment.
Lowry's criticism adds to an already wide split among right-wing media on GOP threats to shut down the government.
Right-wing media repeatedly argue that increased turnout of voters of color demonstrates that strict voter ID requirements do not cause voter suppression, a relationship that experts note is a basic confusion of correlation with causation.
From the August 16 edition of Fox News' Special Report:
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National Review editor Rich Lowry launched a deceptive attack on Hillary Clinton for speaking out against voter ID laws that suppress minority voting by pushing falsehoods on the legislation and ignoring the hundreds of thousands of citizens a new voter ID law in North Carolina will reportedly disenfranchise.
On August 12, the governor of North Carolina signed into law a controversial voting bill that "overhauls the state's election laws" by requiring government-issued photo IDs when voting, reducing the early voting period by one week, and ending same-day registration. A majority of North Carolinians do not support the legislation, which is expected to reduce minority turnout.
In a Politico opinion piece, Lowry criticized comments Clinton made at the American Bar Association in which she noted that the Supreme Court's recent decision to strike down a portion of the Voting Rights Act would lead to disenfranchisement, particularly of minority voters, all in the name of the "phantom epidemic of voter ID fraud." Lowry claimed that Clinton was using the issue to play the "race card" in an attempt to "fire up minority voters by stirring fears of fire hoses and police dogs," and pushed a number of falsehoods related to the new North Carolina legislation to falsely claim it was simply part of "the American mainstream" and "a victimless crime."
Lowry's arguments -- which rely heavily on the discredited research of right-wing voter ID activist Hans von Spakovsky, who has been exposed as resorting to shady tactics like scrubbing his fingerprints off the web and "fudging questions of authorship" in his quest to limit voter participation -- include the claim that North Carolina is simply becoming "one of at least 30 states to adopt a voter ID law" and is therefore "common-sense." In fact, only four states besides North Carolina enforce the "strict photo ID" requirement the state passed, which means a voter cannot cast any ballot without first presenting an ID. In other states, if a voter does not have an ID, they have other options for casting a regular ballot, such as establishing their identity with a paycheck or signature match. The majority of states either have no voter ID law or no photo requirement.
The Brennan Center For Justice noted that strict photo ID laws such as North Carolina's "[offer] no real solution" to the little voter fraud states might experience, such as the two cases of alleged voter impersonation that have been referred by the North Carolina State Board of Elections since 2004:
[A] strict photo ID requirement cannot address problems related to long lines, inaccurate voter registration lists, or voter malfeasance like double voting, felon voting, or vote buying. The only type of voter malfeasance that photo ID can address is voter impersonation. A photo ID requirement is the worst kind of electoral policy solution -- it creates an illusion of security while offering no real solution to any identified problem with election administration, while simultaneously creating real consequences for many legal and qualified voters.
Lowry also pushed the idea that a 2008 Supreme Court decision meant the "constitutionality of voter ID isn't in doubt." But according to the Brennan Center, "it is a mistake to presume that the Supreme Court's 2008 decision in Crawford v. Marion County means that all strict voter ID laws would be constitutional in all circumstances," and North Carolina's law will have to be reviewed to ensure it doesn't overburden voters before its constitutionality can be determined. Justin Levitt, previously of the Brennan Center, also disputed claims similar to Lowry's that voter ID doesn't suppress voters because states with voter ID laws had high turnout in some races by noting the comparison was a "correlation-causation fallacy, and anybody who's had statistics for a week can talk to you about it."
But Lowry's disregard for the facts distracts from the real issue: that these laws disenfranchise American citizens. North Carolina's voter ID legislation alone could disenfranchise hundreds of thousands of registered voters. As The Nation's Ari Berman reported, 316,000 registered voters in North Carolina don't have the required state-issued ID, and over 100,000 of those individuals are African-American. Furthermore, CBS News reported that 70 percent of African-Americans in North Carolina voted early in 2012, which will now be available on 10 days instead of 17 thanks to this new law.
The American Civil Liberties Union and Southern Coalition for Social Justice have filed suit against the North Carolina law, saying that eliminating several early voting days, same-day registration, and "out-of-precinct" voting will "unduly burden the right to vote and discriminate against African-American voters" in violation of the Constitution. The ACLU explained that early voting particularly helps low-income workers who are more likely to have hourly-wage jobs or childcare concerns that limit their ability to get to the polls on Election Day, and because African-Americans experience higher rates of poverty in North Carolina, "a reduction in early voting opportunities will disproportionately impact voters of color."
Dale Ho, director of the ACLU's Voting Rights Project, noted that when Florida enacted similar laws before the 2012 election, hundreds of thousands of voters were unable to vote due to long lines, burdens which "fell disproportionately on African-American voters." A study by the Orlando Sentinel found that at least 201,000 Floridians were deterred from voting because of hours-long lines at polling stations.
Detroit news reporters who've covered the city's fiscal problems for years say claims from conservative commentators that the recent bankruptcy is due to liberal agendas, federal policies, or even President Obama are wildly inaccurate.
Journalists, some with decades in the Motor City, contend such national coverage has missed the true cause of the financial debacle, which includes decades of population decline, mismanagement of city debt, and recent individual corruption.
By contrast, right-wing commentator and Detroit native Ted Nugent recently claimed that "Liberal democrats took hold of the greatest, most productive city on earth and turned it into a bloodsucker excuse-making hell," adding, "If allowed to continue, our President will do the same to the whole country. Heartbreaking and tragic."
Similar coverage from Fox News -- which misleadingly claimed other cities could fall into Detroit's bankruptcy path - and National Review's Rich Lowry, who tried to blame it on "a toxic combination of Great Society big spenders, race hustlers, crooks, public-sector unions, and ineffectual reformers," is misleading, local reporters say.
They contend that Detroit's problems are unique and driven by demography and decades-long trends, not ideology.
"I don't agree with that thesis," Jim Kiertzner, a reporter at ABC affiliate WXYZ-TV who has covered Detroit news since 1983, said about some of the conservative claims. "This was a city, like the auto industry, [where] in the heyday the money rolled in. When the decline started, nobody kept ahead of it and made the cuts necessary."
He added that the decline has "been in the making for decades. Detroit has been on a long steady decline."
Kiertzner and other reporters pointed to the population drop that began decades ago when wealthier families moved to the suburbs, reducing the population from 1.8 million in 1950 to 1.2 million in 1980 to only 701,000 in 2012.
Detroit-based journalists contend that drop reduced both job opportunities and city revenue, but with a rising maintenance cost because the city still had to pay for police, fire and other services. And with a 138-square mile area, one of the largest in the nation, the cost is vast.
"You have one of the largest areas that the police need to cover, the fire department, street lights, and keeping roads maintained and roads plowed," said Brett Snavely, a Detroit Free Press reporter covering the bankruptcy. "The cost of keeping this city maintained is fundamentally higher than in many cities."
With such rising costs and reduced revenue, the city of Detroit kept borrowing money and raising its debt, the reporters say. It also failed to pay into its pension fund properly, leading to the current situation in which city worker pensions are $3.5 billion in the red.
"The city didn't meet its obligations paying along the way, they gave the pensions IOU's, they are also looking at possible bad investments where they lost millions of dollars," says Kiertzner. "It wasn't just the employees, it is not a fair assessment to blame the unions."
Kathleen Gray, another Detroit Free Press reporter, added, "Its mismanagement, it's the downturn in the economy, it is not a single thing. We get a lot of [reader] feedback here that it is the liberal management of Detroit, but I don't agree with that assessment."
Charlie Langton, a reporter at WWJ News Radio and a 10-year Detroit journalist, said trying to link Detroit's situation to some outside influence is misleading.
"There is a combination of a couple of things, certainly mismanagement of the city's assets play a major role," he said. "For many years Detroit borrowed money to pay down its debt and Detroit lost a significant population."
Berman of the Detroit News said some of the problems were the result of the same sub-prime mortgage lending that hurt other cities, and even Wall Street banks continuing to lend Detroit money as its debt bloomed.
"The biggest mistake here is that no one tried to solve problems as they arose. They tried to paper over them, there was no problem solving, everything got pushed back," Berman said. "There was continued borrowing and there was no payback. They would shop the debt to Wall Street. You could blame Wall Street for not questioning that they were enablers, they gave them that credit. Why did Moody's write Detroit bonds?"
For Curt Guyette, news editor of the alternative weekly Metro Times, trying to blame liberal policies or some progressive approach is too narrow.
Radio host Mark Levin attacked 21st Century Fox CEO Rupert Murdoch and Fox News Channel for "bias" in pro-immigration reform reporting, continuing to grow the divide between conservative talk radio hosts and the network.
On the July 15 edition of his radio show, Levin -- who has previously called the immigration reform bill a "disgusting disgrace" and a "crap sandwich" -- discussed a recent tweet by Murdoch, chairman and CEO of Fox News' parent company 21st Century Fox, that declared Sen. Harry Reid (D-NV) was correct about the immigration reform effort and expressed support for the immigration reform bill. Levin then accused Fox News of biased reporting on immigration reform and accused "a number of hosts" who support immigration reform of not reading the bill:
This isn't the first time Levin has taken issue with what he referred to as "our favorite cable channel." On the July 12 edition of his show, Levin attacked Fox News contributor Karl Rove over his support for immigration reform saying, "you know what number Karl Rove never puts on that whiteboard? His win-loss percentage."
Earlier this month, both Levin and fellow conservative radio host Rush Limbaugh appeared on Fox, but neither was asked about immigration reform, despite their well-known outspokenness on the immigration reform effort. After Limbaugh's interview, he went on his radio show to criticize the network and claim that Fox wouldn't allow him to discuss the immigration reform effort. Yet, after walking back his comments, Limbaugh was allowed to speak on the topic during Fox News' The Five for almost ten minutes.
In addition to a conservative radio schism, conservatives in print media have also pitted themselves against one another over immigration, most recently between New York Times columnist David Brooks -- an immigration reform supporter -- and National Review's Rich Lowry and The Weekly Standard's Bill Kristol, who wrote an op-ed calling on House Republicans to "[put] a stake through" comprehensive immigration reform.
Media are misleadingly hyping Republican anti-choice rhetoric to promote the idea that legislation banning abortions after 20 weeks of pregnancy is "reasonable." In fact, many severe health complications for the mother and fetus are only discovered during or after the 20th week of pregnancy, and research has found that financial hardship forces many women to delay the procedure.
Appearing on Meet the Press, National Review editor Rich Lowry presented several falsehoods about the Senate's comprehensive immigration reform bill, misinterpreting and misstating the contents of the Congressional Budget Office's assessment of the legislation.
On July 8, Lowry co-wrote an editorial with Weekly Standard's Bill Kristol calling on congressional Republicans to "kill the bill." On Meet the Press on July 14, Lowry called for the passage of "incremental" immigration legislation in the House instead of comprehensive reform.
Lowry claimed that "we're still going to have, depending on your estimates, 6, 7, 8 million more illegal immigrants here in 10years."
In fact, the CBO forecasts that by 2023 there will be 8.1 million less undocumented immigrants in the country.
Later, Lowry said that "according to the CBO, unemployment will be higher" between 2014 and 2020 if the bill passes and that wages "will be lower."
But the CBO report notes that slight reductions in average wages "for the much of the next two decades" caused by the bill's passage would mostly be felt by "the additional people who would become residents under the legislation" who will "earn lower wages," and is not likely to impact current U.S. residents.
The report also notes that the bill would have "no effect on the unemployment rate after 2020."
Lowry also said "the CBO says there's no deficit reduction in the first 10 years," which directly contradicts the report's contents. The CBO explains that "the legislation would decrease federal budget deficits by $197 billion over the 2014-2023 period and by roughly $700 billion over the 2024-2033 period."
Conservative media figures have repeatedly distorted the data surrounding immigration reform, while also demanding that Republican elected officials refuse to pass the pending legislation.