The Wall Street Journal is once again promoting a right-wing challenge to the Affordable Care Act (ACA) by repeating misinformation about the case, calling on the Supreme Court to strike down some health care subsidies while falsely claiming the law's "plain text" renders them illegal.
On March 4, the Supreme Court will hear oral arguments in King v. Burwell, a case that could block the availability of federal health care subsidies. The plaintiffs in King argue that because a subclause of the ACA states that subsidies are available "through Exchanges established by the State," consumers who buy insurance over the federal exchange aren't eligible to receive tax credits from the IRS to offset the cost. Without subsidies, people who live in one of the 37 states that don't operate their own health care exchange would be unable to afford insurance.
In a March 2 editorial, the Journal made its final pitch before oral arguments, calling the challenge an opportunity for "the Justices to vindicate the law's plain text." The editorial, like the challengers in King, ignored the context of the ACA as a whole and claimed that the decision to strike down the subsidies should be an easy call for the Supreme Court because the "English language is clear" and the law is unambiguous:
In King, the High Court will scrutinize this IRS decree using the traditional canons of statutory construction. The English language is clear: Congress wrote that subsidies would be available on state exchanges only, so Washington cannot deputize itself as the 51st state -- especially when the black-letter law is as consistent, tightly worded and cross-referenced as the Affordable Care Act.
To take one example, the Secretary of Health and Human Services was empowered to grant unlimited sums of money to states to establish exchanges. But the law appropriated not a penny for the federal exchanges, and HHS raided internal slush funds to build them. If there is no legal difference between the federal and state exchanges, why did HHS need this budget ruse?
ObamaCare's history shows Democrats made a deliberate choice. As they tried to assemble 60 votes in the Senate, holdouts like then Nebraska Senator Ben Nelson intensely desired state partners. Because the federal government couldn't commandeer the sovereign states by mandating participation, the subsidy bait was Congress's constitutional option to encourage buy-in.
The Journal's attempt to make the plaintiffs' case by arguing that the subsidies are illegal because the Department of Health and Human Services had to rely on a "budget ruse" to build the federal exchanges ignores the facts. According to a report from The Washington Post, the Republican-controlled Congress "repeatedly rejected the Obama administration's requests for additional funds" to implement the ACA, including those exchanges Republican-controlled states refused to set up.
Following former Florida Gov. Jeb Bush's announcement that he is exploring a 2016 presidential run, Hispanic media outlets have celebrated his Mexican-American family and fluency in Spanish, portraying them as appealing to Latino voters. This focus on biographical details has come at the expense of reporting on Bush's positions on health care and climate change -- issues on which his positions are at odds with the interests of most Latinos.
For instance, Jorge Ramos, host of Univision's Al Punto, helped feed the narrative of Bush as a "Hispanic candidate" (Spanish-language video clip) during a January 18 conversation with Carlos Gutierrez, who was commerce secretary under George W. Bush. Throughout the discussion, Ramos left Bush's policy stances unquestioned, relying on Gutierrez's glowing review of Bush's personal leadership qualities. At one point, Ramos suggested that Bush could be grouped with other potential Republican presidential candidates who are Latino.
Other Spanish-language outlets like the newspaper El País have also credited Bush's Mexican wife and children with making him a "Hispanic candidate," calling these personal factors an "advantage" to win the Latino vote. Briefly glossing over his "moderate" foreign policy stances -- a popular trope in English-language media -- El País highlighted Bush's Mexican wife yet again to address Bush's claims that he is not like his brother George W. Bush. MundoFox, a Spanish-language cable channel that is partly owned by Fox News' parent company, has celebrated Bush's ability to speak Spanish fluently as well as his Mexican wife to position him as a GOP front-runner several times since Bush's announcement in December.
When Hispanic media outlets do cover Bush's policy positions, they rarely go beyond the single issue of immigration. And while it is encouraging to see positive coverage of Bush's multicultural family and bilingualism, a review of Al Punto episodes and close monitoring of El País' and MundoFox's websites following Bush's announcement reveal that they have not covered his conservative stances on climate change and health care reform.
On climate change, Bush has admitted denialism, claiming that "the science has been politicized." As The Guardian's Suzanne Goldberg wrote, Bush is in "lock-step with the other climate deniers in the Republican party."
According to recent polling from The New York Times, Stanford University, and the nonpartisan environmental group Resources for the Future, 63 percent of Hispanics, compared to 49 percent of whites, agreed that the "federal government should act broadly to address global warming." Furthermore, 54 percent of Hispanics said that global warming is "extremely or very important to them personally, compared with 37 percent of whites." The Times quoted Latino Decisions researcher Gabriel Sanchez pointing out that "Hispanics often live in areas where they are directly exposed to pollution, such as neighborhoods near highways and power plants." Sanchez also said that Latinos are key advocates in the fight for climate change awareness: "There's a stereotype that Latinos are not aware or concerned about these issues. ... But Latinos are actually among the most concerned about the environment, particularly global warming." Experts agree that Hispanics are "particularly vulnerable to climate change impacts."
Similarly, Bush has criticized the Affordable Care Act (ACA), calling it "flawed to its core" and a "job killer." However, the Los Angeles Times highlighted a September report from the nonprofit Commonwealth Fund that found the ACA "has dramatically increased coverage among Latinos," who are "a historically underinsured community." As the Times reported, the report found, ¨Overall, the percentage of Latinos ages 19 to 64 lacking health coverage fell from 36% to 23% between summer 2013 and spring 2014.¨ And according to the New York Times blog The Upshot, the "biggest winners from the law include people between the ages of 18 and 34; blacks; Hispanics; and people who live in rural areas." The Times also noted that parts of Nevada, New Mexico, and southern Texas -- all places with high percentages of Latinos -- are among the areas with the "largest increases in the health insurance rate."
Fox News is passing off the Koch-funded Libre Initiative as a grassroots organization founded "to empower Hispanics" and advance "liberty, freedom and prosperity." In reality, the group urges Hispanics to support policies that experts say go "against their own interests" and "disenfranchise Hispanic voters."
The Libre Initiative was founded in 2011 and claims to be a "non-partisan, non-profit grassroots organization that advances the principles and values of economic freedom to empower the U.S. Hispanic community." The group "has a presence in eight states" and "plans to expand to Wisconsin and North Carolina this year and increase its staff by about 30 percent ahead of 2016."
Fox has portrayed the group as the product of "a coalition of Hispanic leadership organizations." But Libre is staffed by veteran Republican operatives, and the group has received over $10 million in funding from oil billionaires Charles and David Koch. Libre has admitted its message "aligns more with Republicans" and "with the principles and ideas of Charles and David Koch."
The group promotes the agenda of people like the Kochs at the expense of Hispanics. Libre opposes the Affordable Care Act (ACA), which helps Hispanics get health insurance. They oppose a federal minimum wage increase, which would help more than 6.7 million Hispanics. They support voter ID laws that serve "to disenfranchise Hispanic voters." They've joined Fox News in pushing misinformation about "illegals" and immigration. Libre has also campaigned against politicians that support immigration reform due to those politicians' support of the Affordable Care Act.
In this report about the Libre Initiative and the media:
Fox News is reporting on an unsubstantiated rumor that the Obama administration has a "secret plan B" to deal with the fallout of an upcoming Supreme Court case that could invalidate tax credits for millions of Americans. But administration officials have repeatedly denied that such a plan exists -- and there is little the administration could do to restore the credits if the court strikes them down.
On March 4, the Supreme Court will hear King v. Burwell, a case that could block the availability of health care subsidies for consumers who purchased insurance over the federal exchange, which operates as the sole health insurance marketplace in the 37 states that don't operate their own. The lawsuit is based on a right-wing misinterpretation of the Affordable Care Act (ACA) that claims that the law allows the IRS to provide tax credits only to those who bought insurance over "Exchanges established by the State," and not the federal government. In addition to the congressional authors of the ACA, the vast majority of health and legal experts agree that this strained reading of the law is not only incorrect, but contrary to the way the Supreme Court generally interprets statutes -- as a whole, and in context.
Despite the lawsuit's clear flaws, right-wing media have acted as a booster for its potential to gut the ACA -- and only recently figured out that without the subsidies, millions of Americans would be faced with ruinous health care costs. As The New York Times explained, "if the court decides to limit federal tax credits, the result could essentially be the creation of two American health care systems. The haves -- in mostly Democratic states -- may not be impacted, while the have-nots -- in 37 mostly red states -- could face spiraling costs."
But now Republicans are attempting to shift the blame to the Obama administration by claiming that the administration actually does have a super-secret contingency plan, and multiple statements to the contrary are an effort "to influence the court ahead of the March 4 arguments," according to The Hill.
Even though the administration has said that there is no such plan -- secret or otherwise -- Fox News was happy to pass along this unsubstantiated rumor on the February 26 edition of America's Newsroom. In a report about a congressional hearing on the ACA, Fox's Doug McKelway stated that Health and Human Services Secretary Sylvia Burwell would be facing questions about the administration's "contingency plans" if the tax credits are struck down. McKelway went on to report that "there are rumors circulating that senior HHS officials do have a secret plan B should the Supreme Court rule against Obamacare":
Conservative author, filmmaker, and Fox News darling Dinesh D'Souza attacked President Obama as a "boy out of the ghetto" and "vulgar man" following the president's recent appearance in a BuzzFeed video promoting health coverage through HealthCare.gov.
YOU CAN TAKE THE BOY OUT OF THE GHETTO...Watch this vulgar man show his stuff, while America cowers in embarrassment pic.twitter.com/C9yLG4QoOK-- Dinesh D'Souza (@DineshDSouza) February 18, 2015
I know Obama wasn't actually raised in a ghetto--I'm using the term metaphorically, to suggest his unpresidential conduct-- Dinesh D'Souza (@DineshDSouza) February 18, 2015
TRANSLATING FOR OBAMA GROUPIES: A guy without class doesn't become a classy guy, even when he's in the White House-- Dinesh D'Souza (@DineshDSouza) February 18, 2015
The Supreme Court will soon hear King v. Burwell, a right-wing challenge to the Affordable Care Act that could strike down the subsidies that Americans rely on to purchase health insurance. Here is a media guide to some of the health care and legal experts -- including conservative industry groups, members of Congress, and state officials -- who are asking the Court to reject the challengers' reading of the ACA, which flouts common sense and rules of statutory interpretation.
A Fox News Special Report segment hyped fears that the Affordable Care Act (ACA) could impose a penalty on taxpayers who received an advanced premium subsidy to help defer the cost of health care insurance. But the report failed to note that the IRS offers penalty relief to some taxpayers.
According to The New York Times, many ACA enrollees who qualified for a subsidy and chose to have it paid in advanced based on their projected 2014 income may have to pay for subsidy overpayments. The Times explained, if "their actual income was higher -- because they got a raise or found a new job -- they will be entitled to a smaller subsidy and must repay the difference, subject to certain limits."
On the February 6 edition of Special Report, guest host Chris Wallace claimed that "many tax-payers are getting a nasty surprise courtesy of the president's health care law." White House correspondent Kevin Corke reported that millions could have to pay a tax penalty due to the overpayment of income-based federal subsidies to purchase health insurance under the ACA. Corke claimed that "millions may have underestimated their tax snapshot and now have to pay":
The Washington Post blog The Fix is claiming that an upcoming Supreme Court decision that could eliminate health care subsidies for millions of Americans under the Affordable Care Act (ACA) "might not matter" because Republicans might restore the subsidies, a proposition that seems not to consider the fact that the GOP has long ignored these tax credits' popularity in their quest to bring the law down, subsidies and all.
In March, the Supreme Court will hear arguments in King v. Burwell, a right-wing challenge to the ACA. The challengers argue that, based on their strained reading of the subsidies provision of the law, which was designed to make health insurance affordable, the IRS does not have the authority to provide tax credits to Americans who purchased their insurance through the federal health care exchange website. Instead, they argue, only consumers who bought insurance through state-based exchanges are eligible for the subsidies -- a problem since Republican-controlled states refused to set up their own sites.
In a January 28 post, The Fix argued that it "might not matter" if the Supreme Court strikes down the subsidies, because a new poll from the Kaiser Family Foundation suggests that the majority of Americans would want the Republican-controlled Congress to restore the subsidies.
But it actually matters a lot -- leading Republicans have repeatedly and publicly sided with the right-wing challengers of the subsidies as a way to bring down the ACA. In September, a group of congressional Republicans filed a brief with the Supreme Court asking the justices to hear the case and to rule that the IRS doesn't have the authority to provide subsidies to Americans who bought insurance through the federal exchange. Republican members of Congress know full well that if they are successful, the ACA will collapse -- that's their self-admitted goal.
Earlier this month, Sen. John Cornyn (R-TX), who was one of legislators who filed the brief, told Roll Call that he expected the court to "render a body blow to Obamacare from which I don't think it will ever recover." In December, Sen. John Barrasso (R-WY) similarly argued that blocking the subsidies was "enough to bring down the health care law. ... We're going to continue to try one, repeal; two, strip out the worst parts of the law; and three, look to the courts." Senate Majority Leader Mitch McConnell similarly made it clear that Republicans are not interested in restoring anything about the ACA if the court "take[s] it down," but rather are looking for a "mulligan here, a major do-over of the whole thing." Even The Fix's post acknowledged that "just because restoring subsidies might be popular doesn't mean congressional Republicans would do it. The GOP base would certainly cry foul if they moved to do so."
Conservative media hyped the findings of a new Congressional Budget Office (CBO) report as a "bombshell" that shows the costs of the Affordable Care Act (ACA) will be much higher than expected. But according to the CBO's report, the ACA will cost 20 percent less over the next decade than its initial projections.
Despite dedicating numerous segments to comments made by MIT economist Jonathan Gruber about tax credits established under the Affordable Care Act (ACA) that appear to support a right-wing challenge to their legality, Fox News' programming on weeknights has ignored remarks made by Gov. Scott Walker (R-WI) that undermine the legal theory behind this upcoming Supreme Court case.
In March, the Supreme Court will hear oral arguments in King v. Burwell, the radical attempt to dismantle the ACA based on an extremely literal reading of the law. The challengers in King, and several other identical lawsuits, argue that the IRS is prohibited from providing essential subsidies to insurance consumers who live in states that refused to set up their own health care exchange websites, because the law says that subsidies are unavailable for those who purchased insurance through the default federal exchange. If this interpretation is correct, millions of Americans will be unable to afford their insurance premiums -- a result that seems at odds with a bill with the word "affordable" in its title.
Nevertheless, the legal arguments in King have been hyped regularly by Fox News and right-wing media, especially after a video of Gruber came to light in which he seemed to agree with the King challengers that subsidies were not available to consumers in states who used the federal exchange. According to a search of the Nexis database, Fox News' weeknight programming since November 1 has frequently mentioned Gruber in connection to the King case, airing 25 segments that mentioned Gruber's comments in conjunction with the ACA lawsuit. Many of those segments featured a Fox host, contributor, or guest suggesting that Gruber's remarks were so significant that they would influence the outcome in King. Most notably, host Bill O'Reilly repeatedly claimed that the justices would be swayed by Gruber, stating on his November 18 show, "Believe me, the Supreme Court is taking notes."
Meanwhile, those same shows have ignored a pair of videos that show Walker apparently undermining the legal theory behind King.
From the January 9 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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Conservative media personalities have long ignored the public's overwhelming support for wider access to birth control, instead pushing long debunked myths that birth control is cheap and easy to access, is only about preventing pregnancies, and can cause abortion.
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Many of the same right-wing media myths about legal issues that dominated coverage in 2014 will continue to make headlines in the new year. Here are some of the worst that will make a comeback in 2015.
Rarer than being struck and killed by lightning and far less common than UFO sightings, 31 out of one billion votes cast since 2000 was the number of credible allegations of in-person voter fraud that law professor Justin Levitt found nationwide in a 2014 report. But in the face of these findings and a constant parade of similar evidence, this phantom menace nevertheless was the bogeyman that right-wing media incessantly invoked in 2014 to justify their increasingly hostile assault on voting rights.
From strict voter ID to voter purges to Jim Crow-era "literacy tests," right-wing media championed unnecessary and redundant voting restrictions that have a disproportionately disenfranchising effect on Democratic voters of color. Despite criticism from leading conservative figures and smackdowns from federal and state courts, nothing seemed to dissuade right-wing media from twisting the truth and deceiving their audience to support a so-called solution to a virtually non-existent problem.
With a fix to the damage the conservative justices caused to the Voting Rights Act of 1965 still blocked in Congress, the misinformation is likely to only get worse, as legal challenges to the new wave of Republican-sponsored voting restrictions race to the Supreme Court and the 2016 presidential election cycle kicks into gear.
Conservative media issued catastrophic predictions and myths about the Affordable Care Act (ACA) in 2014, despite ample evidence that the health care law is working. Media Matters looks back at six claims about Obamacare that didn't pan out for the right-wing media this year.
From the December 17 edition of Fox News' Your World With Neil Cavuto:
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