A Wall Street Journal columnist cited a new Urban Institute study on the increased wealth gap between communities of color and whites to both revive the debunked accusations that fair housing policies caused the subprime mortgage bubble and falsely link Assistant Attorney General Thomas Perez to these claims.
Continuing the outlet's relentless attacks on current Labor Secretary nominee Perez, editorial board member Jason Riley wrote a WSJ column claiming Perez is responsible for the racial wealth gap documented by a recent Urban Institute report by purportedly "saddl[ing] a lot of minorities with foreclosed homes, huge debt burdens and bad credit scores."
The support for this backwards allegation was that as head of the Civil Rights Division at the Department of Justice under President Obama, Perez effectively pursued lawsuits against banks that impermissibly discriminated against communities of color during the administration of former President George W. Bush. From the WSJ:
Not surprisingly, neither the Urban Institute nor the New York Times have much to say about the federal policies that pushed lenders to loan money to people unlikely to be able to repay it. But the reality is that well-intentioned housing policies aimed at low-income minorities have ultimately left those folks worse off.
President Obama's nominee for labor secretary, Thomas Perez, made a name for himself in the Justice Department by shaking down some of these lenders for "racial discrimination" if blacks and Hispanic applicants weren't approved for some loans at the same rate as whites. Other lenders got the message.
Mr. Perez is getting a promotion, and the Obama administration is patting itself on the back for pursuing these so-called fair-lending cases. Of course, all they've really done is saddle a lot of minorities with foreclosed homes, huge debt burdens and bad credit scores.
Fox News covered Democratic criticism of harmful and unnecessary spending cuts as a purely political maneuver, without acknowledging that those criticisms are reflected in actual economic data, and echoed by economists and even by House GOP leadership.
On the April 29 edition of America's Newsroom, host Bill Hemmer set up an interview with Wall Street Journal editorial board member Stephen Moore by suggesting that only Democrats argue that America is not in a "debt crisis," and hinted that the raw total of U.S. debt belies that claim. Moore proceeded to divert the conversation far away from economic reality, first citing a Fox News poll on public concerns about the debt, then accusing anti-austerity Democrats of merely seeking to protect "the favored programs that they care about," before finally misleading viewers on the relationship between economic growth and spending cuts. From America's Newsroom:
There are a few layers of deception to unpack here:
These sorts of facts in the U.S., and related ones from other economies, are threatening to upend the entire austerity movement, as Irwin observes. But while that debate proceeds and evolves elsewhere, Fox News continues to offer conservatives a venue to avoid reconciling ideology and fact.
A Wall Street Journal article debunked the myth that federal disability benefits are to blame for the shrinking labor force, "exaggerated" claims that have previously been pushed by the paper itself.
An April 29 Journal article headlined "Real Culprit Behind Smaller Workforce: Age" explained that the recent decrease in the labor force -- the number of employed and unemployed Americans who are currently seeking work -- "has more to do with retiring baby boomers than frustrated job seekers abandoning their searches." The article noted that claims that Americans are voluntarily leaving the workforce to receive Disability Insurance instead of working, for example, "may be exaggerated," and explained that retirees and students made up a far more significant portion of those leaving the labor force. The article included the following graph, showing disability was the least common reason for individuals leaving the workforce in March 2013:
However, the Journal has previously pushed the myth that Disability Insurance accounted for much of the dropping labor force participation rate. An April 10 article headlined "Workers Stuck in Disability Stunt Economic Recovery" claimed that workers receiving disability benefits were costing the economy billions by not instead participating in the labor force, and quoted economist Michael Feroli's claim that "worker flight to the Social Security Disability Insurance program accounts for as much as a quarter of the puzzling drop in participation rates, a labor exodus with far-reaching economic consequences." These claims are in direct contradiction to the Journal's most recent reporting.
According to Center for Economic and Policy Research co-director Dean Baker, research shows if more individuals who receive disability benefits worked, it would have a relatively minor effect on employment figures. Harold Pollack, an expert on disability policy at the University of Chicago's School of Social Service Administration, dismissed the idea that disability benefits might be "luring away people who could work." Despite these facts, media continue to attack federal disability benefits by pushing the false claim that disability programs harm the economy.
A Wall Street Journal editorial advanced the myth that Congress is trying to exempt itself from President Obama's health care law. In fact, Congress is attempting to fix an error in the law that prevents the government from making its normal contribution to staffers' health insurance.
Basing its editorial on an April 24 Politico article, the Journal wrote that "Congressional leaders were in hush-hush talks to exempt themselves and their staff from the wonders of ObamaCare." The editorial, headlined "Exempting Congress From ObamaCare," continued:
In March 2010 Mr. Grassley tried again to apply the law to all Congressional personnel and to White House officials. His amendment received every Republican vote but it was defeated with 55 Democrats (plus Socialist Bernie Sanders) voting no. However, thanks to Mr. Grassley's earlier success, the law still covered Members of Congress and some of their aides -- hence their latest effort to wiggle out of the ObamaCare mandates.
Congress will eventually find some way to protect itself, but its subterranean scrambling to do so exposes one of ObamaCare's greatest deceits: That if you like the insurance you have, you'll be able to keep it. Even the people who wrote the law don't believe it.
But as The Washington Post's Ezra Klein has explained, Congress is not discussing "exempting" itself from the health care law; it's attempting to fix an error in the law that prevents the government from making its current contribution to the insurance premiums of congressional staffers:
Back during the Affordable Care Act negotiations, Sen. Chuck Grassley (R-Iowa) proposed an amendment forcing all members of Congress and all of their staffs to enter the exchanges. The purpose of the amendment was to embarrass the Democrats. But in a bit of jujitsu of which they were inordinately proud, Democrats instead embraced the amendment and added it to the law.
But no one is discussing "exempting" congressional staffers from Obamacare. They're discussing creating some method through which the federal government can keep making its current contribution to the health insurance of congressional staffers.
Fox News contributor Judith Miller wrote a highly speculative Wall Street Journal op-ed that claimed New York City police surveillance practices "may well have... prevented" the Boston bombing, ignoring that the constitutionality of these programs is currently being challenged in court and their efficacy is questioned.
In the April 24 op-ed, Miller lauded the New York Police Department (NYPD) for its blanket surveillance of American Muslim communities, which has extended beyond the jurisdiction of New York City. According to Miller, this extensive spying program "is a model of how to identify and stop killers like the Tsarnaev brothers before they strike" and should be emulated by other cities. From the WSJ:
[T]he city has developed a counterterror program that is a model of how to identify and stop killers like the Tsarnaev brothers before they strike. The 1,000 cops and analysts who work in the NYPD's intelligence and counterterrorism divisions, for instance, would likely have flagged Tamerlan Tsarnaev for surveillance, given Police Commissioner Ray Kelly's insistence on aggressively monitoring groups and individuals suspected of radicalization.
The NYPD maintains close ties to Muslim preachers and community leaders, as well as a network of tipsters and undercover operatives.
Once the department had Tamerlan under surveillance, the NYPD's cyberunit might have detected his suspicious online viewing choices and social-media postings. Other detectives might have picked up his purchase of a weapon, gunpowder and even a pressure cooker--an item featured in an article, "How to Build a Bomb in the Kitchen of Your Mom," in the online al Qaeda magazine Inspire.
Even if the NYPD hadn't been watching Tamerlan, it might have been tipped off to such suspicious purchases thanks to its Nexus program. Since the program's launch in 2002, the department has visited more than 40,000 businesses in the metropolitan area, encouraging business owners and managers to report suspicious purchases or other activities potentially related to terrorism.
Media outlets including NPR and Fox News are targeting federal disability benefits programs through a campaign deceptively portraying these programs as wasteful and unsustainable. In reality, these programs have low fraud rates and help the rising number of Americans with severe disabilities survive when they are unable to work.
Nearly three years ago, as reporters shifted their focus away from the Gulf oil spill, they managed to overlook a pipeline spill that happened just 10 days after the BP well was capped. Their oversight was a boon to a non-profit with only seven full-time employees, which recently beat leading national newspapers in the race for the national reporting Pulitzer Prize for its investigative reporting on that spill.
The non-profit InsideClimate's award-winning report on the oil spill in Michigan's Kalamazoo River, titled "The Dilbit Disaster: Inside The Biggest Oil Spill You've Never Heard Of," noted that the national press was uninterested in the spill:
Despite the scope of the damage, the Enbridge spill hasn't attracted much national attention, perhaps because it occurred just 10 days after oil stopped spewing from BP's Macondo well in the Gulf of Mexico, which had ruptured three months earlier. Early reports about the Enbridge spill also downplayed its seriousness. Just about everybody, including the EPA officials who rushed to Marshall, expected the mess to be cleaned up in a couple of months.
The pipeline that leaked in Michigan was carrying bitumen extracted from tar sands and diluted with liquid chemicals, including the known human carcinogen benzene. The proposed Keystone XL pipeline would carry the same type of crude. InsideClimate reported that officials initially were not aware that the pipeline was carrying diluted bitumen, or dilbit, and the characteristics of this heavy crude -- namely that it sunk to the river floor rather than floating like conventional light crude -- compounded challenges for the clean-up crew. Officials had to learn how to clean it up as they went along, helping make it the most costly pipeline spill on record.
Just last month, another pipeline carrying dilbit spilled in Arkansas, and this Saturday will mark the 3rd anniversary of the explosion of BP's Deepwater Horizon oil rig, which led to the largest offshore oil spill in history. A Media Matters study found that even after the recent Arkansas spill, media have continued to overlook the risk that the Keystone XL pipeline could spill dilbit into the large aquifer or the sensitive ecosystem it will cross. Pew Research found that less than a month after the BP oil well was capped, only 3 percent of news coverage focused on the spill, even though 44 percent of Americans said that they were still following the story more closely than any other issue.
These repeated plunges in coverage belie the impacts of oil spills, which are ongoing. Three years later, the BP spill is still harming many species critical to the Gulf's food chain. And as a The New York Times editorial stated, "The toll on the gulf and its marine life may not be known for years. The herring population of Alaska's Prince William Sound did not crash until three years after the Exxon Valdez spill."
The dearth of long-term investigative reporting on oil spills also obscures the need for policy reform, which reports like InsideClimate's have exposed:
The Wall Street Journal speculated that Labor secretary nominee Thomas Perez's "Spanish surname" would be the reason for his confirmation by the Senate, dismissing his qualifications and bipartisan support and reviving debunked right-wing media attacks on his record.
Perez is the Assistant Attorney General for the Justice Department's Civil Rights Division and was nominated for the position of Secretary of Labor by President Obama in March. The Associated Press reported that the Senate would begin Perez's confirmation process on April 18.
In an editorial in the April 18 print edition of the paper, the Journal implied that Perez's surname was the only reason that he might be confirmed instead of being blocked by Republicans:
Thomas Perez gets his Senate confirmation hearing Thursday, and our sources say Republicans are unlikely to ask more than a few tepid questions of the Labor nominee. They don't want to be seen opposing someone with a Spanish surname. That speaks volumes about Washington's current political standards, because Mr. Perez has more or less admitted that he deep-sixed a Supreme Court case to further his political agenda.
In addition, the Journal revived the repeatedly debunked claim that Perez improperly interfered in a St. Paul, MN, decision not to pursue a United States Supreme Court ruling in a civil rights case, accusing Perez of "stomping on minority claims":
To sum up, Mr. Perez fancies himself a civil-rights hero but he's happy to stomp on other minority claims when they interfere with his political priorities. He is fine with bending the law to suit his ideological purposes. This kind of behavior should be unacceptable in any government official.
Contrary to the Journal's claims, Perez is more than a Latino with a record smeared by conservative media. He enjoys the support of Republican officials that served in past administrations.
Wall Street Journal columnist Allysia Finley smeared "legal legend" federal Judge Thelton Henderson, the Department of Justice's first African-American civil rights attorney, and ignored Supreme Court precedent in order to attack a recent court ruling that re-affirmed California's prisons are unconstitutionally overcrowded.
On April 11, a three judge panel issued a "blistering" opinion that denied California's most recent request to be released from its court-ordered obligations to reduce unconstitutional overcrowding in its prison system, and warned the state it would be found in contempt if it continued to delay its compliance. The panel included Henderson, the judge who the state deferred to in the original class-action suit. From the WSJ, which characterized Judge Henderson as "dangerous to the constitutional system of checks and balances," Finley wrote:
Judge Henderson is perhaps best known for his infamous decision in 1996 to block California's Prop. 209, a voter approved-initiative banning affirmative action in state government and institutions, on the pretext that the ballot measure was discriminatory and likely unconstitutional.
Judge Henderson boasted to the San Jose Mercury last year that the Prop. 209 opinion was "probably as careful a decision as I've ever drawn up."
That sets a low bar for assessing a 2006 Henderson decision which held that sub-standard medical care in California prisons violated the 8th amendment's prohibition against cruel and unusual punishment.
When [Governor Jerry] Brown suggested he would appeal the panel's court order to the Supreme Court, Judge Henderson and his liberal peers on the panel (also appointed by Mr. [Jimmy] Carter) threatened to hold him in contempt and dun the state.
Mr. Brown has in the past favored using the courts to redress social inequities, but perhaps his judicial thinking will evolve after getting mugged by liberal judges and the plaintiffs bar.
Wall Street Journal columnist and editorial board member Kimberley Strassel misrepresented the win-loss record of the Environmental Protection Agency (EPA) in court in order to suggest the Obama administration's environmental rulemaking is frequently illegal.
In an April 9 column, Strassel attempted to smear President Obama's nominee for EPA Administrator, the highly qualified and widely regarded Gina McCarthy, with the accusation that she shared blame for an alleged "embarrassing string of [legal] defeats" suffered by the Obama administration while serving as the senior EPA official in charge of regulating air pollution. From the WSJ:
[C]ritics have also started to take note of the embarrassing string of defeats the courts have recently dealt the agency regarding rules it issued in Mr. Obama's first term. Those judicial slapdowns are making a mockery of former Obama EPA Administrator Lisa Jackson's promise in 2009 to restore the agency's "stature" with rulemaking that "stands up in court."
This past year alone has proven a banner year for EPA rebukes[.]
Mrs. McCarthy--who has spent four years as EPA Assistant Administrator for the Office of Air and Radiation--was nominated precisely because she shares Mrs. Jackson's aggressive view of the EPA's authority. With the administration now looking to push the EPA boundaries even further on climate, expect senators to grill Mrs. McCarthy on why she believes those coming rulemaking procedures will fare any better in court. A number of senators are particularly focused on this question, since it is their authority Mr. Obama is usurping in having the EPA unilaterally implement a climate program.
But Strassel - like influential House Republicans - misrepresents the record of the Obama EPA in court, especially in the area of Clean Air Act rulemaking, which McCarthy oversaw. As opposed to the win-loss record of the Republican EPA under George W. Bush, the Obama administration has been highly successful in defending its Clean Air Act actions in court.
Wall Street Journal editorial board member James Taranto downplayed a new Kansas bill that significantly restricts reproductive rights and ignored the consequences of a "personhood" provision that declares life begins "at fertilization."
Writing in reference to articles by the Associated Press and Reuters that describe the "sweeping" Kansas bill, reported as "one of the most restrictive abortion laws in the nation," Taranto instead characterized the restrictions in the bill as "modest" and mocked reproductive rights advocates who are raising alarm about the bill's thinly-veiled "personhood" provision. From the WSJ editorial:
[A]bortion proponents are especially exercised about a provision "declaring that life begins 'at fertilization' "
Holly Weatherford, another ACLUer, frets that the stipulation could "be used as a tool of harassment."
Hey Holly, did you know the word "gullible" isn't in the dictionary? Just kidding, it's there, as we noted in October. You know what else is there? "Fertilization." Here's Merriam-Webster's definition 2(b), the relevant one for this discussion: "the process of union of two gametes whereby the somatic chromosome number is restored and the development of a new individual is initiated."
This is basic reproductive biology. The assertion that life begins at fertilization is a tautology. [Deputy director of the ACLU Reproductive Freedom Project Talcott] Camp and Weatherford might as well be objecting to a legislative finding that A is A or 2+2=4 or a tautology is true by definition.
If your goal is to maximize sexual freedom, then it's expedient to answer the abortion question in the most permissive way possible. We suppose in that case simply defying science and logic, as Camp and Weatherford do, is a tempting shortcut. But when your position depends on denying a tautology, you may find it a difficult one to defend.
Karl Rove hypocritically referred to an ad highlighting how a recent House Republican budget would harm seniors who rely on Medicare as "Mediscare" demagoguery, ignoring his own PAC's misleading Medicare-based attack on a Democrat during the 2012 election cycle.
The Democratic Congressional Campaign Committee released ads on April 1 highlighting the ramifications of the fiscal year 2014 budget proposed by Republican Rep. Paul Ryan (WI) and passed by the Republican-controlled House of Representatives. The ads accurately claim that the budget would cut Medicare and harm seniors.
The Center for Budget and Policy Priorities recently found that the Ryan budget would "cut Medicare spending by $356 billion," as well as "shift substantial costs to Medicare beneficiaries," and could leave many 65 and 66 year olds without health insurance.
In a Wall Street Journal op-ed, however, Karl Rove dismissed this ad as "demagoguery" and "deeply dishonest":
The midterm election is still 19 months away, but for some it's never too early for demagoguery. And so this week the Democratic Congressional Campaign Committee launched a new "Mediscare" ad. The targets are 17 Republican congressmen who supported the House budget framework that includes Medicare reforms.
The ad has menacing music, doomsday predictions and a tagline that these GOP congressmen voted for "a radical vision for America" that guts Medicare. The spot is deceitful but still deserves a swift, powerful rebuttal. Even a deeply dishonest attack on Medicare, if unrefuted, can do damage.
In his critique of the "Mediscare" ad, Rove ignored his own political group's Medicare-based attack ad. American Crossroads ran a misleading ad during the 2012 election cycle attacking Democratic Sen. Bill Nelson (FL) for supposedly harming seniors by voting for "massive cuts to Medicare" to the tune of $700 billion by voting for health care reform.
Contrary to the ad's claim, health care reform did not cut Medicare. As an August 2012 ABC News post explained, the supposed "cuts" to Medicare was actually the slowing of Medicare's future growth by "getting rid of fraud and ending overpayments to private insurance companies." Gail Wilensky, a former administrator of the Medicare program under President George H. W. Bush, made clear in a June 2012 Bloomberg article that this growth control would not result in "reductions in the Medicare benefits promised in the law."
News Corp. properties Fox News and The Wall Street Journal failed to disclose the fossil fuel industry ties of commentators who used the media outlets to advocate pro-fossil fuel industry positions.
On April 3, Fox & Friends hosted Competitive Enterprise Institute's Myron Ebell, who accused New York Governor Andrew Cuomo of delaying a decision to allow for fossil fuel extraction via hydraulic fracturing, also known as fracking, to keep Republican areas of the state from becoming richer and wielding more political influence:
Ebell dismissed the real concerns regarding fracking as political posturing when in fact, injection wells that store used fracking fluids have been linked to earthquakes, and drinking water contamination has been correlated with the drilling activity employed in fracking.
The Wall Street Journal print edition published an op-ed piece by the Institute for Policy Innovation's Merrill Matthews on the same day, where he denied that the fossil fuel industry receives tax breaks specific to the industry:
President Obama has been telling America for months that special tax breaks for the oil and gas industry must come to an end. The presidential demand always prompts puzzled gazes among tax and energy-industry experts, who ask: What special tax breaks?
Thanks in part to a bill sponsored by Rep. Chris Van Hollen, a Democrat from Maryland and ranking member on the House Budget Committee, it's all much clearer now. The congressman has inadvertently called attention to the fact that those special tax breaks just for the oil and gas industry don't exist.
Contrary to Matthews' claim, the Congressional Research Service and the conservative Heritage Foundation have found that the fossil fuel industry receives "special tax treatments" specifically for fossil fuel extraction.
News Corp. failed to disclose that both the Competitive Enterprise Institute (CEI) and at the Institute for Policy Innovation (IPI) are partly funded by the oil industry.
A Wall Street Journal op-ed acknowledged the constitutionality of race-conscious law, breaking from the traditional narrative of right-wing media that touts a non-existent "colorblind" Constitution, but incorrectly described the issues in a new Supreme Court case that will examine state bans on affirmative action.
In the case Schuette v. Coalition to Defend Affirmative Action, the Supreme Court has decided to examine whether amendments to state constitutions that ban race-conscious equal opportunity programs violate the 14th Amendment of the U.S. Constitution by impermissibly rigging a state's political process. Contrary to editorial board member James Taranto's description of the case in a recent WSJ op-ed, Schuette is not properly understood as "an opportunity to revist" the constitutionality of affirmative action in higher education admission policies.
Grutter v. Bollinger, which reaffirmed the permissible use of race-conscious admissions in furtherance of the educational benefits of diversity, is indeed at risk in the as-of-yet unreleased decision of Fisher v. University of Texas. Schuette, on the other hand, examines what political means of prohibiting race-conscious admissions are acceptable under the U.S. Constitution and what means unconstitutionally manipulate state political processes to the detriment of persons of color and others who support the use of race-conscious affirmative action.
The Wall Street Journal editorial page praised another bitterly split Supreme Court decision in which the conservative justices reached beyond the questions presented to further limit injured consumers' access to justice.
The Court released its decision in Comcast v. Behrend as the historic marriage equality cases were being argued on March 26 and 27, poor timing that resulted in the media largely overlooking the case. Nonetheless, the decision is a significant one and the case is already being described as a sequel to Wal-Mart v. Dukes, another 5-4 decision in which the conservative justices significantly restricted plaintiffs' power to hold corporations accountable for wrongdoing. From the WSJ editorial:
The other news at the Supreme Court on Wednesday was another big defeat for the trial bar. The Justices put a stop to the latest attempt to revive huge legal paydays by ruling 5-4 to reaffirm their requirements for certifying a class action.
In Comcast v. Behrend, the Justices ruled that in order for a class of plaintiffs to be certified they must demonstrate adequate commonality of harm. While the plaintiffs claimed the cable company's monopoly had let it improperly raise prices, the complaints drifted among four disparate theories of liability, with a wide array of potential plaintiffs.
The Comcast and Whirlpool [v. Glazer] cases have made it this far because both the Third and Sixth Circuit Courts of Appeal ignored the Supreme Court's 2011 decision in Wal-Mart v. Dukes that set serious limits on class actions. The current Court has taken much-needed steps to rationalize class certification, and the Justices should make it clear they expect other federal courts to honor the precedents. They should keep taking cases and overturning heedless junior courts until they get the message.