Immediately after President Barack Obama nominated the highly-qualified and widely respected Debo Adegbile to be the next assistant attorney general for civil rights at the Department of Justice, right-wing media attacked this top lawyer of the NAACP Legal Defense Fund for purportedly being a "racialist."
Writing on an obscure right-wing blog, J. Christian Adams, a frequent Fox News guest who served in the highly politicized and disgraced Bush-era DOJ and "whose claim to fame as a federal lawyer seems to be his penchant for accusing black people of discriminating against whites," accused Adegbile of "racialis[m]" and the venerable NAACP Legal Defense Fund of a "radical racial agenda." From a November 14 post on Pajamas Media:
Adegbile hails from the NAACP Legal Defense Fund, an organization that has pushed a radical racial agenda including attacks on election integrity measures, opposition to criminal background checks for hiring, and racial hiring quotas for state and local governments.
Adegbile's name was mentioned as a possible nominee to the federal bench. Because of his advocacy for racialist policies, such a nomination would face serious confirmation difficulties. But in Eric Holder's Justice Department, nakedly racialist policies are standard fare, and Adegbile will fit right in.
This is an an-your-face nomination. This is the White House sending a message to Republicans and conservatives that the radical racial policies of the Justice Department will continue full speed ahead.
[I]n the Obama Justice Department, the law is not as important as the cause. And with Adegbile, the cause is racialist.
In another context, the venue and content of this thinly-veiled insinuation of so-called reverse racism could be easily ignored. Unfortunately, on the topic of executive and judicial nominees of the current president, Adams' attack is disturbingly similar to the same sort of race-baiting that jumps from little-read blogs to prominent right-wing platforms like Fox News, the editorial page of The Wall Street Journal, National Review Online, and even the mouths of GOP congressmen engaged in the ongoing blanket filibustering of the president's diverse nominees.
Accusing select presidential nominees of racialism or anti-white bias is a tired page of right-wing media's playbook against those who litigate and uphold longstanding civil rights precedent, a body of law that tends to help most those systematically disadvantaged by racism. This rant has been directed with more or less subtlety at Labor Secretary Thomas Perez (who previously led the DOJ's Civil Rights Division), Supreme Court Justice Sonia Sotomayor, and Attorney General Eric Holder.
Assumedly, these charges have some sort of salience with those unfamiliar with American history and basic civil rights law.
Fox News lent credence to True the Vote's fearmongering over Obamacare and voter registration during the network's 2013 election night coverage, never acknowledging the extremist nature of the tea party group.
When signing up for health insurance on the HealthCare.gov exchanges created by the Affordable Care Act (ACA), customers are prompted with the option to register to vote. This is due to the 1993 National Voter Registration Act, which requires state agencies engaged in public assistance to offer voter registration services, including the state and federally-run exchanges.
According to True the Vote (TTV), an activist tea party group which describes itself as an election watchdog organization, the registration option will "corrupt" voter rolls and lead to "bogus voter registrations." As evidence, the group links to a report from Demos, a liberal think tank, detailing how many Americans could potentially register to vote because of the ACA. True the Vote's theory is that health care navigators like Planned Parenthood -- organizations that assist people in exploring their insurance options in the exchanges -- will use the registration information "in political activities."
A November 5 Special Report package treated True the Vote's conspiracy theory as a damning revelation. Host Bret Baier introduced the segment by saying, "The president's plan is not just about making sure everyone has insurance. There is also a not-so-subtle political objective."
Fox correspondent Shannon Bream then profiled True the Vote's concerns, featuring TTV president Catherine Engelbrecht's claims that "the implications of this are mind-blowing."
BREAM: Pursuant to the National Voter Registration Act, state agencies that provide public assistance are also required to give applicants the opportunity to register to vote. A number of states believe that includes the health care exchanges. ... The Demos document also stresses that navigators be trained to walk applicants through the voter registration process, but it's the navigators critics are worried about, saying groups with partisan agendas like Planned Parenthood shouldn't be handling voter information. True the Vote, which calls itself a citizen-led organization aimed at restoring integrity to the U.S. election system, says it's been unable to get any answers about how the voter registrations are being transmitted or verified. And worries about the potential for confusion.
What Fox never admits is that True the Vote is a discredited organization with a partisan agenda.
Conservative Washington Post columnist and Fox News contributor George Will cherry-picked outlier examples of campaign finance violations while ignoring legitimate concerns about the potential for big-money donors to corrupt elections and balloted measures .
In his October 30 column, Will attacks campaign finance reform and celebrates the Supreme Court's infamous Citizens United decision, which opened the floodgates for large donors to corrupt elections with outsized contributions. Will highlights a pair of lower-court cases where judges struck down regulations on political speech that affected seemingly small-time civic participation to downplay the danger of political corruption, conveniently overlooking how these decisions might make it easier for large corporations to obfuscate their own political participation:
Brick by brick, judges are dismantling the wall of separation that legislators have built between political activity and the First Amendment's protections of free speech and association. The latest examples, from Mississippi and Arizona, reflect the judiciary's proper engagement in defending citizens from the regulation of political speech, a.k.a. "campaign finance reform."
In 2011, a few like-minded friends and neighbors in Oxford, Miss., who had been meeting for a few years to discuss politics, decided to work together to support passage of an initiative amending Mississippi's Constitution. The amendment, restricting the power of the state and local governments to take private property by eminent domain, was provoked by the U.S. Supreme Court's 2005 Kelo ruling that governments could, without violating the Fifth Amendment ("nor shall private property be taken for public use, without just compensation"), take property for the "public use" of transferring it to persons who would pay more taxes to the government.
The Mississippi friends and neighbors wanted to pool their funds to purchase posters, fliers and local newspaper advertising. They discovered that if, as a group, they spent more than $200 to do these simple things, they would be required by the state's campaign finance law to register as a "political committee." And if, as individuals, any of them spent more than $200 supporting the initiative, they must report this political activity to the state.
Mississippi defines a political committee as any group of persons spending more than $200 to influence voters for or against candidates "or balloted measures." Supposedly, regulation of political activity is to prevent corruption of a candidate or the appearance thereof. How does one corrupt a "balloted measure"?
The answer to this question should be obvious, and even Will begrudgingly admits "there is some slight informational value in knowing where money supporting a voter initiative comes from." Although Will doesn't mention it, the judge in the Mississippi case clearly left the door open for future regulations of political speech, giving a nod to the possibility of improper influence with respect to ballot initiatives:
Significantly, the Court does not hold that Mississippi may not regulate individuals and groups attempting to influence constitutional ballot measures. Instead, the Court holds only that under the current regulatory scheme, which is convoluted and exacting, the requirements are too burdensome for the State's $200 threshold.
Nevertheless, Will goes on to call the Supreme Court's decision in Citizens United -- one that allowed a tsunami of corporate money to enter the election process -- an "excellent" one. But even Citizens United noted the corrupting danger of unchecked money in the political system, and transparency was explicitly recognized as the critical protection against such a problem.
The National Review Online is trying to push back on the mea culpa of a judge who now thinks strict voter ID does in fact impermissibly discriminate, maintaining its long-standing position as a supporter of election changes that have been widely denounced as blatant forms of voter suppression.
In 2007, well-known and respected conservative Judge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit upheld a voter ID law in Indiana that was the first in a wave of increasingly stricter restrictions on the right to vote passed by Republican-controlled legislatures. Affirmed by a splintered Supreme Court, as the sole high-profile legal decision on the sort of unnecessary and redundant voter ID laws that are now widely promoted by the GOP, Crawford v. Marion County Elections Board has been incessantly trumpeted by right-wing media as the legal underpinning for their obsession with election changes that are documented to suppress the vote.
Now that Posner has bluntly admitted he was wrong and the evidence shows that strict voter ID is "now widely regarded as a means of voter suppression rather than fraud prevention," NRO is resorting to smearing the judge's integrity and intelligence.
Legal contributor Hans von Spakovsky, the repeatedly discredited champion of photo voter ID laws as the alleged "solution" to the virtually non-existent "problem" of in-person voter fraud, responded to the news of Posner's recent admission by claiming the judge had "been taken in" by the "Left's well-oiled propaganda machine." NRO's in-house legal expert, Ed Whelan, asserted that a switch in judgment by the judge was "weak" and praised a Washington Post columnist who attacked the judge as unethical for speaking publicly.
Von Spakovsky's attempt to rebut Posner's revelation by pointing to increased turnout in communities of color was a rehash of his continued failing of Statistics 101. As has been explained to von Spakovsky and others by statisticians, academics, and congressmen, just because more persons of color are voting now as the country grows more diverse doesn't mean that overly restrictive voting changes aren't suppressing the vote.
Not only is this confusing causation with correlation, but suppressing the vote also occurs when it becomes harder to do, not just when it is blocked entirely. The federal judge who blocked Texas' strict voter ID law because 600,000 to 800,000 citizens do not have easy access to the supporting documentation needed for the new identification requirements held that "a law that forces poorer citizens to choose between their wages and their franchise unquestionably denies or abridges their right to vote."
A new study of public opinion regarding voter ID laws found that viewers of Fox News are much more likely to support those measures than other media consumers, and that individuals who wrongly believe voter fraud is common are more likely to support voter ID laws. These two groups have one thing in common -- exposure to right-wing misinformation about voter fraud.
In recent years, GOP-controlled state legislatures have been passing a series of measures ostensibly designed to protect the integrity of elections -- laws that, for example, require voters to present a government-issued photo id when attempting to cast a ballot. Given the absence of any significant voter fraud crisis in America and the fact that such laws negatively and disproportionately affect the ability of traditionally Democratic-voting demographics to cast a ballot, many have argued that these laws are meant only to stifle political opposition to the Republican party by making it harder for Democrats to get elected -- even Republicans have admitted as much.
On October 4, Public Opinion Quarterly published a study conducted by two professors at the University of Delaware titled, "The Foundations of Public Opinion on Voter ID Laws." The study found that "perceptions of voting fraud as 'common' are associated with support for voter ID laws." The study also found that Fox News viewers "are particularly likely to support voter ID laws, though no other forms of media use are significantly related to support."
Voter fraud is not common. As the study noted, a state-by-state analysis of voting fraud conducted by the Carnegie Corporation of New York found "there were 2,068 cases of reported fraud among the millions of votes cast from 2000 to 2011. Over half of these cases of fraud involved problems with absentee ballots, which require no identification." A study by NYU's Brennan Center for Justice found in-person voter fraud to be "more rare than death by lightning," and a New York Times investigation found "virtually no evidence of any organized effort to skew federal elections."
Additionally, voter ID laws can disenfranchise voters -- particularly minorities, students, and the elderly. The Brennan Center conducted a poll which found that 11 percent of Americans say they do not possess government-issued photo identification, and this number includes "25 percent of African Americans, 16 percent of Hispanics, and 18 percent of persons aged 65 and older."
Although the study does not determine a causal relationship between exposure to Fox News and the false belief that voter fraud is common, this effect would not be surprising. Fox News frequently misinforms viewers about voter ID laws and the threat of voter fraud. Below is just a sample of the kind of slanted coverage Fox presents.
The University of Delaware study notes that so far, many Americans remain relatively unfamiliar with voter ID laws. According to the authors, this suggests that "support for voter ID laws is susceptible to political communication effects." Fox News, which often functions as the communications arm of the Republican Party, has not been shy about exploiting this vulnerability.
The Wall Street Journal editorial board falsely claimed that the Department of Justice is relying on outdated civil rights law in its current lawsuits against the voter suppression of Texas and North Carolina.
Baselessly claiming DOJ's efforts to block redundant and unnecessarily restrictive voter identification laws that discriminate on the basis of race are motivated by politics, the WSJ incorrectly claimed that DOJ was trying to "reverse" the Supreme Court's infamous Shelby County v. Holder decision. From the editorial:
For Eric Holder, American racial history is frozen in the 1960s. The Supreme Court ruled in June that a section of the 1965 Voting Rights Act is no longer justified due to racial progress, but the U.S. Attorney General has launched a campaign to undo the decision state-by-state. His latest target is North Carolina, which he seems to think is run from the grave by the early version of George Wallace.
The worst argument against such laws is that they must be racially motivated because there is so little evidence of voter fraud. Yet no less that former Justice Stevens said in his opinion in the Indiana case that "flagrant examples of such fraud in other parts of the country have been documented throughout this nation's history by respected historians and journalists, [and] that occasional examples have surfaced in recent years." Anyone who thinks voter fraud doesn't exist hasn't lived in Chicago or Texas, among other places.
It's telling that Mr. Holder prefers to file lawsuits rather than take up the Supreme Court's invitation to modernize the Voting Rights Act for current racial conditions. The Congressional Black Caucus has said it is working on a new formula for preclearance, but such legislative labor doesn't get the headlines that lawsuits against GOP-run states do.
The conservative wing of the Supreme Court gutted the Voting Rights Act in Shelby County when it overturned decades of precedent, ignored bipartisan congressional intent, and disregarded the text of the Fifteenth Amendment in order to dismantle the "preclearance" provisions of the VRA. These neutralized provisions - Sections 4 and 5 - required states with an engrained history of racially discriminatory voter suppression to "preclear" any subsequent election changes with DOJ or the courts before implementation.
Shelby County did not directly touch any other component of the VRA.
For example, despite the right-wing's obvious plan to drag this crown jewel of civil rights law back before the Supreme Court in the future, DOJ still has authority under the VRA to attempt to block voter suppression after legislative enactment, if no longer before. In addition to this after-the-fact enforcement powers under Section 2, DOJ also retains the ability to ask a court to once more place a jurisdiction shown to intentionally suppress the vote on the basis of race under the "preclearance" supervision of Section 3, similar but different to the process under Sections 4 and 5.
DOJ is seeking to block voter suppression in Texas and North Carolina using only those sections still intact after Shelby County. Contrary to the WSJ's claims, by litigating under Sections 2 and 3, DOJ is expressly not trying to "reverse" a decision that only affected Sections 4 and 5. It is, rather, making do with what is left of perhaps the nation's greatest civil rights achievement.
The Washington Post blithely suggested that Congress should "rewrite" the Voting Rights Act (VRA) rather than allow the Department of Justice to hold states accountable for voter suppression in federal court, seemingly oblivious to the government shutdown caused by the historic obstructionism of the GOP-controlled House of Representatives.
Although the conservative wing of the Supreme Court recently gutted significant protections for the right to vote in last summer's infamous Shelby County v. Holder, judges still have authority under the VRA to enjoin voter suppression after a discriminatory law is enacted. The Department of Justice is suing the states of Texas and North Carolina under these Section 2 powers, and if a court finds that the voter suppression attempted in either of these states was done with the intent to discriminate on the basis of race, Section 3 of the VRA could require these states to once again "pre-clear" their election changes.
In the middle of a Republican-caused government shutdown due to opposition to the Affordable Care Act, however, the Post opined that rather than sue states in court for clear violations of the VRA, it would be "easier and fairer" for Congress to "rewrite" those pre-clearance sections that Shelby County struck down. From the editorial:
EVER SINCE the Supreme Court gutted a key section of the 1965 Voting Rights Act, Attorney General Eric H. Holder's Justice Department has been trying to patch it, using the sections of the law that the court left in place to reconstitute the checks on discrimination that had existed for decades. The Justice Department's latest move, involving a challenge to odious new voting restrictions in North Carolina, demonstrates that Mr. Holder is committed to the effort. It also demonstrates why Congress, not the Obama administration, should be the branch of government offering the primary response to the court's ruling.
With a series of wins in cases such as North Carolina's, the Justice Department could reestablish the pre-clearance requirement in many places where it used to apply. The easier and fairer way to revive pre-clearance, however, would be for Congress to rewrite the formula for which places should be covered. The Supreme Court left lawmakers that latitude, and large bipartisan majorities in Congress historically have supported pre-clearance. If lawmakers want to get back to doing something productive, resuscitating the Voting Rights Act would be a good place to start.
Considering DOJ's obligations under the VRA, the Post's objection to legally holding states accountable for voter suppression would have been unnecessarily deferential to the legislative branch in any context. In the reality of a government shutdown, the Post's call that "[i]f lawmakers want to get back to doing something productive, resuscitating the Voting Rights Act would be a good place to start" is downright bizarre.
The Wall Street Journal editorial board has come out in favor of eliminating aggregate campaign donation limits in federal elections, falsely claiming that the Founders didn't intend such contributions to be closely regulated.
On October 8, the Supreme Court will hear oral arguments in McCutcheon v. FEC, a case that has been called "the next Citizen's United" because a ruling in favor of the Republican plaintiffs will allow billionaire donors to flood federal elections with even more cash. By disregarding long-established precedent, Citizens United has already made it easier for corporations to indirectly support conservative candidates and redistricting campaigns that have secured seats in Congress for Republicans. McCutcheon could do the same for individual donors contributing to the candidates directly, a possibility for institutional corruption that the Founders specifically warned against when drafting the U.S. Constitution.
But that didn't stop the WSJ from incorrectly claiming barely regulated election donations were what the Founders always had in mind. From the October 6 editorial:
The Supreme Court re-opens for business this week, and one of its first cases is a splendid opportunity to restore the First Amendment as a bulwark of free political speech. The result in McCutcheon v. FEC will likely hang on whether Chief Justice John Roberts has the courage of his constitutional convictions[...]
Alabama businessman Shaun McCutcheon and the Republican National Committee are challenging limits on the total amount of money a person can contribute to multiple candidates and political parties. In the 2011-2012 election cycle, Mr. McCutcheon donated $1,776 to each of 15 candidates as well as sums to the RNC and other political party committees. Though his donations were all below the legal limits to individual candidates and political parties, he was prevented by the aggregate limits from making the donations he wished.
Donors are currently limited to contributing $5,200 to a candidate for each election cycle ($2,600 each for the primary and general election). But they are barred from exceeding overall ceilings of $48,600 for direct contributions to candidates and $74,600 to non-candidate political committees. So though a contributor might give $1,000 to 48 candidates, further donations violate federal law, even if they are well below the $2,600 threshold per candidate.
The left is already warning [Roberts] in the media, much as they did so successfully last year in advance of his salvaging of ObamaCare. They will denounce a ruling they don't like as "activist" though it would merely restore the First Amendment's central role in protecting free political speech. ... [P]olitical participation is more heavily regulated today than are video games and pornography. That is not what the Founders intended.
The WSJ's editorial board echoes the same arguments as McCutcheon and the Republican National Committee (RNC) - that limits on campaign contributions are a form of unconstitutional censorship of political speech, a radical departure from decades-old campaign finance law. In truth, this argument represents a fundamental misunderstanding of First Amendment law and the original intent of the Founders, something that the conservative justices on the Court say guides their interpretation of the Constitution. Those who call themselves originalists should take note that the Founders never intended the First Amendment to systematically allow a small number of wealthy donors to control American politics.
On October 8, the Supreme Court will hear oral arguments in McCutcheon v. Federal Election Commission, a challenge to campaign contribution limits that court-watchers call "the next Citizens United." Although opponents of campaign finance regulation characterize aggregate contribution limits as a violation of the First Amendment, media should be aware that such limits guard against institutional corruption in the democratic process, a foremost concern of the Constitution's framers.
In a column on National Review Online's (NRO) The Corner, Fox News contributor and NRO columnist John Fund and Heritage Foundation senior legal fellow Hans von Spakovsky laid out what they considered "The Latest Evidence Of Voter Fraud." The evidence they offered, however, amounted to one county in Mississippi that was recently ordered to remove ineligible voters from its registration rolls, and a report released by the conservative Voter Integrity Project showing a statistically insignificant number of alleged voter fraud cases, neither of which showed any conclusive evidence or prosecution of voter fraud.
In a September 9 column, Fund and von Spakovsky wrote, "Obama-administration officials and their liberal camp-followers who routinely claim there is no reason to worry about election integrity because vote fraud is nonexistent suffered some embarrassing setbacks last week."
The first piece of evidence they offered was a lawsuit brought by the American Civil Rights Union (ACRU) -- a far right legal advocacy group whose senior fellow and policy expert once accused the NAACP's president of "treason" for denouncing voter ID laws, and who said it was racist to oppose those same laws -- against Walthall County, Mississippi in which the county was instructed to purge its voter rolls of felons, the deceased, and duplicate registrations. Fund and von Spakovsky made no claims of actual voter fraud in regards to that case, however, writing only that:
This is the first time in the 20 years that the NVRA has been in force that a conservative group has sued to enforce Section 8, while liberal advocacy groups have filed many cases to try to stop election officials from cleaning up their registration lists, a practice which they foolishly label "voter suppression."
An inflated voter registration roll by itself is not evidence of voter fraud, which the Brennan Center for Justice defined as "when individuals cast ballots despite knowing that they are ineligible to vote, in an attempt to defraud the election system." Instead, voter roll purges have repeatedly been used as a tool to disenfranchise minorities and students -- traditionally Democratic voting blocs.
The second piece of evidence Fund and von Spakovsky presented was a report released by the Voter Integrity Project of North Carolina (VIP-NC), a group with a history of false claims regarding voter fraud. VIP-NC released a report they obtained from the North Carolina Board of Elections which shows 475 cases in which the state had a "reasonable suspicion" that voter fraud occurred. Those cases were turned over to the appropriate district attorneys and Fund, von Spakovsky, and VIP-NC acknowledged that prosecutors chose not to bring charges in those cases. However, Fund and von Spakovsky attributed the lack of convictions to political fear, writing, "As VIP also points out, the report raises the important question of why local district attorneys in North Carolina have been 'so negligent in prosecuting' these referrals."
Fund and von Spakovsky used the VIP-NC report to advocate for strict voter ID laws and portrayed North Carolina as a hotbed of voter fraud (emphasis added):
The report shows that there were 475 cases of election fraud that the Board "believed merited a referral" to prosecutors between 2008 and 2012. The fraud included double voting, impersonation and registration fraud, and illegal voting by noncitizens and felons. Not all of this fraud would have been stopped by voter ID, but there are certainly people willing to engage in fraud and we need to take a comprehensive approach to protect the security of the voting and election process.
In fact, the strict voter ID laws they advocate might have prevented only one of the 475 alleged voter fraud cases referenced -- the single allegation of voter impersonation. According to the report, the majority of the 475 cases occurred during the 2008 general election, when over four million people voted. Yet conservatives in the state have used similar claims of voter fraud to pass what former Secretary of State Hillary Clinton called a "greatest hits of voter suppression."
According to Mother Jones, North Carolina's law "prohibits same-day registration, ends pre-registration for 16- and 17-year-olds, eliminates one week of early voting, prevents counties from extending voting hours due to long lines (often caused by cuts in early voting) or other extraordinary circumstances, scratches college ID cards and other forms of identification from the very short list of acceptable state-issued photo IDs, and outlaws certain types of voter registration drives." From Mother Jones:
The bill's new provisions make it so that, with very few exceptions, a voter needs a valid in-state DMV-issued driver's license or non-driver's ID card, a US Military ID card, a veteran's ID card or a US passport. According to an April 2013 analysis (pdf) of state Board of Elections data by Democracy North Carolina, 34 percent of the state's registered black voters, the overwhelming majority of whom vote Democrat, do not have state-issued photo ID. The same study found that 55 percent of North Carolina Democrats don't have state-issued photo ID. Only 21 percent of Republicans have the same problem.
Instead of protecting elections from fraudulent voting, strict voter ID laws are instead being used to disenfranchise minorities and low-income individuals in an effort to help Republicans win elections.
Fund and von Spakovsky both have a history of spreading misinformation about voter fraud, culminating in a book they co-authored that is rife with falsehoods. NRO's continued advocacy of strict voter ID laws is not surprising given its sordid history regarding civil rights.
Fox News hosted discredited right-wing activist Hans von Spakovsky to misleadingly claim that a voter ID law in Texas would make voting easier, despite a federal court's findings that the law was racially discriminatory and placed a high burden on low-income Americans.
The Department of Justice (DOJ) announced August 22 that it will sue to block Texas' attempt to reinstate a voter ID law that was previously voided on the grounds that it was racially discriminatory, explaining that it violates the Constitution and "was adopted with the purpose, and will have the result, of denying or abridging the right to vote on account of race, color, or membership in a language minority group."
Fox & Friends guest co-host Anna Kooiman interviewed von Spakovsky on August 30 to attack the DOJ's decision, during which von Spakovsky claimed that high minority voter turnout in the 2012 election proved that voter ID laws did not suppress the vote and that the DOJ "lost" when it attempted to fight a voter ID law in South Carolina. Kooiman pointed to von Spakovksy's assertion that voter ID cards actually "speeds up" the voting process, which he claimed is "exactly right."
Kooiman then implied that voter ID laws are not racially discriminatory in Texas because more white individuals in total are in poverty than Hispanics and blacks -- ignoring that fact that whites make up 80 percent of Texas' population, and so of course have more total individuals in poverty.
Von Spakovsky is a right-wing voter ID activist who has been exposed as resorting to shady tactics in his quest to limit voter participation, and his research on this topic has been thoroughly discredited. As Justin Levitt, previously of the Brennan Center, explained, von Spakovsky's misleading claim that high voter turnout means voter ID laws don't suppress voters is a "correlation-causation fallacy, and anybody who's had statistics for a week can talk to you about it." And von Spakovsky's claim that South Carolina offered a good model for Texas to fight the DOJ's challenge hid the fact that the court explicitly agreed with the DOJ's concerns that the South Carolina law could be racially discriminatory as enacted, and warned it would be blocked in the future if that occurred.
Furthermore, his claim that the use of state-issued identification cards to vote "speeds up" the process ignores the fact that this law disenfranchises American citizens. As MSNBC.com reporter Zachary Roth noted, according to Texas's data, "anywhere from 605,000 to 795,000 registered voters--between 4% and 6% of all registered voters in the state--lack the required form of ID."
And acquiring the qualifying identification in order to cast a regular ballot comes with a high cost, placing a burden on low-income voters -- a burden which falls "disproportionately" on African Americans and Hispanics living in Texas. The federal court that struck down Texas' law in 2012 found the "evidence conclusively shows that the implicit costs of obtaining [a] qualifying ID will fall most heavily on the poor and that a disproportionately high percentage of African Americans and Hispanics in Texas live in poverty."
As The Nation's Ari Berman noted, according to the DOJ's 2012 objection to the Texas law, "Hispanic voters [were] between 46.5 percent to 120 percent more likely than whites to not have the new voter ID" in Texas.
From wildly offensive treatment of civil rights history to routine mendacity on voter ID, Fox chose to mark the 50th Anniversary of the March on Washington by smearing the ongoing struggle for voting rights.
Over the past week leading up to President Barack Obama's commemoration of the anniversary on August 28, Fox News has been at the forefront of right-wing media attempts to discredit links between the progressive community and the civil rights legacy of the March on Washington. Voting rights, in particular, have attracted a significant amount of misinformation and ignorance, some of it quite shocking.
On June 12, 1963, Medgar Evers, a Battle of Normandy veteran and the NAACP's first field secretary for the state of Mississippi, was assassinated in his driveway. Shot in the back, his murder was the culmination of an extensive white supremacist terror campaign against the voting rights and desegregation advocacy of the NAACP, a cause that President John F. Kennedy championed the very night of Evers' death as both a moral and constitutional issue to ensure "American citizens of any color [can] register and  vote in a free election without interference or fear of reprisal."
Evers' widow, Myrlie Evers-Williams, was invited to speak at the original March on Washington that took place two months later, an invitation that she was finally able to accept this past weekend at the 50th anniversary events. She warned about ongoing "efforts to turn back the clock" on the civil rights movement.
Congressman John Lewis, another veteran of the voting rights struggles, was more explicit. Also the victim of brutal violence due to his efforts to protect the right to vote, Lewis referenced the infamous Shelby County v. Holder Supreme Court decision and told the crowd, "I gave a little blood on that bridge in Selma, Alabama, for the right to vote. I am not going to stand by and let the Supreme Court take the right to vote away from us...We must say to the Congress, fix the Voting Rights Act."
On the August 26 edition of her radio show, Fox News contributor Laura Ingraham chose to follow up a recording of Lewis' call to Congress to both fix the Voting Rights Act and pass immigration reform with a gunshot sound effect. As Joan Walsh of Salon observed, even "[a]fter the assassinations of Medgar Evers, John F. Kennedy, Bobby Kennedy and Dr. King, after the gunning down of so many civil rights workers over the years, Ingraham thought it was funny, or clever, or provocative, to 'symbolically' cut off Lewis' speech with the sound of a gun."
Fox News downplayed Colin Powell's objections to strict voter ID laws and ignored the fact that Texas not only has a long history of illegal racial discrimination in its election practices, a federal court already found its voter ID measures to be impermissible voter suppression.
On the August 26 edition of America's Newsroom, Fox News host Martha MacCullum and correspondent Mike Emanuel reported on the Department of Justice's new legal challenge to the voter ID law Texas immediately enacted after the Supreme Court struck down a crucial provision of the Voting Rights Act (VRA) in Shelby County v. Holder:
Fox News failed to mention, however, that Texas is being accused of illegally suppressing the vote through a voter ID law that has already been found to be racially discriminatory by a federal court.
Writing for a three-judge panel in 2012, a circuit judge dismissed Texas' evidence that its voter ID law was not impermissibly discriminatory as "unpersuasive, invalid, or both." As explained by the Constitutional Accountability Center's Doug Kendall:
[I]n Texas v. Holder, a three-judge court unanimously blocked Texas' new voter identification statute, the most stringent in the nation, finding that the statute would inevitably disenfranchise low-income Texas citizens, who are disproportionately African American and Hispanic. The court explained that, unlike Indiana, whose voter identification law was upheld by the Supreme Court in 2008, Texas had gone to great lengths to suppress the vote in poor and minority communities, strictly limiting the types of photo identifications available - a license to carry a concealed firearm is a valid ID under the law, but not a student or Medicare ID card - and making it costly to obtain a so-called "free" election ID for use at the polls. For those without one of the five permitted photo identifications, the court found that the law was tantamount to a poll tax, "imposing an implicit fee for the privilege of casting a ballot." The "very point" of the Voting Rights Act, the court explained, was to deny "states an end-run around the Fifteenth Amendment's prohibition on racial discrimination in voting."
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.
The Wall Street Journal relied on logical fallacies and misleading characterizations to defend restrictive election laws and attack Hillary Clinton for playing "racial politics" by pushing for expanded voting rights and access
An August 18 Journal editorial attacked Clinton for a speech she delivered to the American Bar Association criticizing a Supreme Court decision that struck down a key provision of the Voting Rights Act. The editorial supported the decision by downplaying its effects, claiming, "all it did was eliminate a section that had forced such states as Mississippi to meet higher legal burdens for election laws than other states with a worse current record of minority voter participation." The editorial went on to falsely claim minority voting turnout rates prove that critics such as Clinton are "playing racial politics" and pushing for "a racially polarized electorate."
The Journal has used voter turnout to defend restrictive voting measures before, an argument that relies upon the "correlation-causation" fallacy. As Loyola Law School professor Justin Levitt pointed out, "turnout studies don't show great impact but that's because they can't ... you can't draw any real conclusions about that":