The Supreme Court will soon decide Sebelius v. Hobby Lobby Stores, a case that could let owners of for-profit, secular corporations ignore the Affordable Care Act (ACA) and provide health insurance that does not cover preventive benefits like contraception. Right-wing media continue to advance multiple myths to support the owners of Hobby Lobby, despite the fact that these arguments have been repeatedly debunked by legal experts, religious scholars, and medical professionals.
Before the Supreme Court even heard oral arguments in the next big challenge to reproductive rights, National Review editor Rich Lowry was already misinforming about the facts of the case.
On March 25, the Supreme Court heard Sebelius v. Hobby Lobby, a case that could grant the owners of for-profit, secular corporations the ability to deny their employees preventive services in employer-sponsored health insurance, contrary to federal law. The owners of Hobby Lobby, the Green family, incorrectly believe that some forms of contraception are "abortifacients" (even though they aren't). So, the Greens argue, because their religious beliefs prohibit any support of abortion, they cannot comply with the Affordable Care Act (ACA) provision that requires American health insurance to cover preventive services, like birth control, at no cost.
Right-wing media has been all too happy to advance Hobby Lobby's arguments and ignore the scientific consensus disproving the corporate owners, framing the issue as evidence of President Obama's supposed hostility to religious freedom. National Review's Lowry, who is no stranger to misinforming about the contraceptive cases in front of the Supreme Court this term, was quick to join the pro-Hobby Lobby chorus.
In a recent post, Lowry portrayed the Greens as "law-abiding people running an arts-and-craft-chain," "minding their own business," until "Uncle Sam showed up to make an offer that the Greens couldn't refuse -- literally."
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."
Several right-wing media figures reacted with outrage on Twitter after Arizona Gov. Jan Brewer vetoed a bill that would have permitted businesses and individuals to refuse to serve gay couples and individuals.
Conservative media figures have sharply criticized the recent push by Democratic politicians to alleviate poverty and reduce economic inequality. However, most of this criticism is grounded in a number of myths about the causes, effects, and importance of growing economic inequality in the United States.
Fox News pushed various myths about the latest challenge to the contraceptive mandate provision in the Affordable Care Act (ACA), with Fox & Friends co-host Steve Doocy falsely accusing the Obama Administration of forcing "religious freedom [to] take a backseat to Obamacare."
In a January 15 segment on Fox & Friends, Doocy and his guest, National Review Online editor Rich Lowry, discussed a new challenge to the contraception mandate provision in the ACA. This latest challenge, brought by a group of Catholic nuns from the charity Little Sisters of the Poor, argues that the mandate violates the religious freedom of the nuns because they disagree with the use of contraceptives.
This is not the first time Fox News has misrepresented the Little Sisters case. The fact is, the nuns are already exemptible from the mandate, as both Doocy and Lowry initially point out in the segment. All the sisters need to do is sign a form registering their religious objection -- a requirement that Lowry calls "wrong" and "perverse." For his part, Doocy said more Catholics should be given a "bigger carve out" under the ACA because they "just don't believe in this stuff":
Doocy and Lowry's framing of this issue as an assault on religious freedom -- "Little Sister vs. Big Government" -- is bizarre. Although Lowry begins the segment by admitting the nuns are exempt from the mandate, he still somehow concludes that the administration "should let the nuns off the hook." This upending of precedent would undermine all similar exemption mechanisms for religious objectors whose stance requires someone else to follow the law in their stead. Doocy undercuts his own argument that the government doesn't provide enough exemptions for Catholics, who "by and large, stand against abortion and contraception" when he concedes that "they're more in favor it, for various reasons, these days." And in fact, 98% of sexually active Catholics use or have used contraceptives in their lives.
Lowry ended the segment by explaining that, under the Religious Freedom Restoration Act (RFRA), the government cannot substantially burden religious freedom without a "compelling governmental interest." Whether or not signing a form is a "substantial burden" remains to be seen, but Lowry disingenuously suggests that the only compelling interest at play here is that the mandate apply to everyone, even though the mandate has improved access to contraception and other preventive care services for up to 47 million women. But apparently that's not compelling enough for Fox News.
Fox News contributors Rich Lowry and Charles Payne erroneously asserted that income inequality cannot be mitigated, ignoring the causes of rising inequality and a multitude of policies proposed by economists.
On the January 3 edition of Fox News' America's Newsroom, co-host Bill Hemmer hosted Lowry and Payne to discuss President Obama and recently inaugurated Mayor of New York Bill de Blasio's focus on reducing income inequality. Reacting to comments from Obama and de Blasio regarding inequality, Lowry claimed that while it may be a problem, it simply cannot be stopped (emphasis added):
LOWRY: The broader point, Bill, and this is something the president neglects when he talks about this, inequality is a trend across the decades, across all presidencies, across every developed advanced economy, it has to do with deep trends in our world - globalization, automation -- so there's no way it's going to be stopped. And when President Obama or Bill de Blasio says somehow they're going to end social and economic inequality, it's a pipe dream and they can only do damage by trying to do it.
Payne responded to Lowry's comments, saying, "I don't disagree" before Lowry later claimed that "if you honor just certain basic norms -- if you graduate from high school, if you get a full-time job, if you get married before you have kids -- the chances of you being poor are basically nil."
Lowry and Payne's assertion that income inequality is somehow a natural result of economic activity that cannot be mitigated through policy, however, is at odds with economists' opinions.
Economist and former Labor Secretary Robert Reich has long argued that reducing income inequality is one of the United States' greatest current policy challenges, and has proposed a number of solutions, such as the institution of living wages, larger earned income tax credits, better access to education, and increased union rights. Nobel Prize-winning economist Joseph Stiglitz, while agreeing that inequality is a wide trend, argues that "the trend [is] not universal, or inevitable." Stiglitz traces the recent surge in inequality to a number of government policies:
American inequality began its upswing 30 years ago, along with tax decreases for the rich and the easing of regulations on the financial sector. That's no coincidence. It has worsened as we have under-invested in our infrastructure, education and health care systems, and social safety nets. Rising inequality reinforces itself by corroding our political system and our democratic governance.
Indeed, the Economic Policy Institute recently launched an educational project with Reich demonstrating that because inequality is the result of policy, it can be mitigated through policy changes.
Economists also discount Lowry and Payne's claim that any attempt to reduce inequality will harm economic growth. Multiple economists have argued that reducing inequality is a means to increase economic growth through enhancing the skills and purchasing power of a greater number of people.
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.