Fox News showed a dramatically skewed chart to suggest enrollment for the Affordable Care Act (ACA) would come up far short of the initial estimate of 7 million enrollees.
On March 27, health insurance enrollment through the ACA's exchanges surpassed 6 million, exceeding the revised estimate of enrollees for the program's first year before the March 31 open enrollment deadline. Enrollment appears on track to hit the Congressional Budget Office's initial estimate of 7 million sign-ups, and taking Medicaid enrollees into account, the ACA will have reportedly extended health care coverage to at least 9.5 million previously uninsured individuals.
Fox celebrated the final day of open enrollment by attempting to somehow twist the recent enrollment surge into bad news for the law.
America's Newsroom aired an extremely skewed bar chart which made it appear that the 6 million enrollees comprised roughly one-third of the 7 million enrollee goal:
Fox News Sunday and Fox's Sunday Morning Futures misleadingly suggested there weren't enough young and healthy Americans enrolled in health insurance under the Affordable Care Act. But experts have explained that there were already enough young enrollees to help keep health care costs down in the days before the final deadline for enrollment, and that young adults were more likely to sign up for insurance at the last minute.
From the March 30 edition of CNN's Reliable Sources:
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From the March 29 edition of SiriusXM's Media Matters Radio:
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Ramesh Ponnuru, senior editor at National Review Online, is again pushing misinformation about a significant reproductive justice case currently in front of the Supreme Court, which could grant unprecedented rights to secular, for-profit corporations at the expense of American workers.
The Supreme Court recently heard Sebelius v. Hobby Lobby, a case that could drastically rewrite First Amendment and corporate law to make it easier for religious business owners to deny their female employees comprehensive employer-sponsored health insurance. Hobby Lobby, owned by the conservative Christian Green family, specifically objects to the fact that the Affordable Care Act (ACA) newly accepts all of the Institute of Medicine's recommendations for crucial women's preventive services, including contraceptive methods and counseling. Right-wing media have repeatedly misled on this case, and were quick to parse the transcripts in the wake of the oral arguments to declare victory for Hobby Lobby.
Ponnuru weighed in again on the case in a March 27 post, oversimplifying the federal law that Hobby Lobby is suing under to ignore the rights of Hobby Lobby's thousands of female employees, and misrepresenting a scientific study to support his unscientific arguments.
During the oral argument Justice Kennedy asked whether, on the government's theory of the case, it would be permissible to force companies to cover abortion in their insurance policies for their employees. I think the answer to that question is clearly yes. ... The case itself concerns a company that objects to covering drugs that may cause abortion.
For the purpose of the Religious Freedom Restoration Act, it is a sufficient answer to these points that the owners sincerely believe that offering coverage for the disputed drugs would violate their consciences. They sincerely believe that stopping implantation is equivalent to abortion, that the drugs pose an unacceptable risk of stopping implantation, and that they would be unacceptably complicit in what they consider to be an evil if they offered the coverage. To judge the RFRA claim, judges must decide whether those beliefs justify an exemption from a legal requirement without evaluating the merits of those beliefs.
Pro-lifers object to "ending a pregnancy" and "abortion" because they entail causing the death of a living human organism, which is indisputably what the human embryo is pre-implantation. The "view" that preventing implantation causes the end of a human life in that sense is simply a fact. Of course the law does not define the human embryo as "a human life" in the sense of a person with rights, but of course it does not so define unborn children long past implantation.
Ponnuru is barely half-right on the law. It is not "sufficient" for the owners of Hobby Lobby to assert only that they "sincerely believe" that some forms of contraception cause abortions (even though they really, really don't) -- they also have to show that the government has substantially burdened those beliefs. Even then, these sincere, if erroneous, burdened beliefs still must outweigh Congress' reasons for enacting the challenged law in the first place. Under RFRA, the government can at times indirectly burden religious exercise in a generally applicable law if it is necessary to further a "compelling governmental interest."
Right-wing media outlets including Fox News falsely claimed that the Affordable Care Act (ACA) was only able to reach the benchmark of 6 million enrollees by signing up undocumented immigrants and "Mexican nationals" at Mexican consulates. In fact, Mexican nationals -- like all American citizens and legal immigrants -- are mandated by the law to sign up for insurance, and outreach efforts at Mexican consulates that work to educate Mexicans legally living in the United States about government programs are nothing new.
Right-wing media have been Hobby Lobby's biggest fans in the Supreme Court showdown between the federal government and the company over the health care law's contraception coverage mandate, championing Hobby Lobby as only interested in protecting its religious liberties. But according to new documents obtained by Salon, the company is an active partner to activist groups pushing their Christian agenda into American law.
This week the Supreme Court took on the Affordable Care Act's contraception coverage mandate, hearing arguments in Sebelius v. Hobby Lobby, a case which could allow secular, for-profit corporations an unprecedented religious exemption from the requirement that all health insurance cover preventive services like birth control. The conservative plaintiff, Hobby Lobby, is arguing that some emergency contraceptives covered by the mandate amount to abortion -- even though they don't.
Over at National Review, editor Rich Lowry framed the Green family -- Hobby Lobby's owners -- 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." Jonah Goldberg, in an op-ed in USA Today, claimed that all Hobby Lobby is asking is to leave birth control decisions up to women and their doctors.
The conservative media sphere has repeatedly characterized Hobby Lobby as merely seeking "religious freedom." As Fox News host Eric Bolling described the case, "your religious freedom, guaranteed to you by the constitution, hangs in the balance." He added that the mandate "feels like political ideology trumping small business." The network has even given Hobby Lobby's attorney the platform to champion the company's small town virtues.
It turns out that the company right-wing media have worked so hard to champion has a significant hidden political agenda. On March 27 Salon broke the story that it had obtained a document revealing Hobby Lobby's political funding ties to a network of activist groups "deeply engaged in pushing a Christian agenda into American law."
According to Salon, a 2009 Tax Filing Form revealed that Crafts Etc., a Hobby Lobby affiliate company, and Jon Cargill, the CFO of Hobby Lobby, contributed a total of nearly $65 million in 2009 alone to the National Christian Charitable Foundation -- one of the biggest contributors to the Alliance Defending Freedom and the Center for Arizona Policy.
These organizations pushed SB 1062 -- the anti-gay legislation recently vetoed by AZ Governor Jan Brewer -- to the AZ Statehouse, and their agendas include many other discriminatory and dangerous policies including legislation that forces women to have invasive ultrasounds before abortions.
The National Christian Charitable Foundation also contributed over $90,000 in 2012 to the Becket Fund, the legal group representing Hobby Lobby in its current Supreme Court battle over Obamacare's contraception mandate. As Salon explained the relationship:
Seen in this light, the ideological connection between the Hobby Lobby suit and Arizona's recently vetoed legislation becomes clearer: One seeks to allow companies the right to deny contraceptive coverage while the other would permit businesses to deny services to LGBT people. "There are really close legal connections between [Arizona's anti-gay SB 1062 bill] and the [Hobby Lobby] Supreme Court case," Emily Martin, vice president and general counsel at the National Women's Law Center, told Salon. "Ideologically, the thing that unites the two efforts is an attempt to use religious exercise as a sword to impose religious belief on others, even if it harms others, which would be a radical expansion of free exercise law," said Martin.
And the common thread is the much bigger trend across the country. "Individuals and entities with religious objections to certain laws that protect others are seeking to use their religion to trump others," Brigitte Amiri, senior staff attorney at the American Civil Liberties Union's Reproductive Freedom Project, told Salon.
From the March 27 edition of Fox News' Fox & Friends:
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Right-wing media are working to muddy the significant legal distinction between religious, nonprofit corporations and secular, for-profit corporations in response to recent Supreme Court arguments in Sebelius v. Hobby Lobby, in which Hobby Lobby argues that secular, for-profit corporations should receive an unprecedented religious exemption from the Affordable Care Act's "contraception mandate."
From the March 26 edition of Premiere Radio Networks' The Sean Hannity Show:
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From the March 26 edition of Fox News' Your World with Neil Cavuto:
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Fox News attacked the Obama administration for announcing a delay to the Affordable Care Act that resembles administration delays by other presidents, such as President Bush's 2006 delay of the Medicare Part D penalty.
On the same day the Supreme Court heard oral arguments in Sebelius v. Hobby Lobby, a significant reproductive rights case under the Affordable Care Act (ACA), right-wing media continued to push discredited misinformation about a different ACA case that could do even more damage to health care reform.
On March 25, the D.C. Circuit Court of Appeals (finally fully-staffed) heard oral arguments in Halbig v. Sebelius. Unlike Hobby Lobby, Halbig has the potential to undermine the ACA as a whole by rendering the new federal health insurance marketplaces of the exchanges useless.
Since 2012, right-wing media have engaged in a loud campaign to push this challenge all the way to the conservative justices of the Supreme Court, even though legal experts agree this lawsuit is far-fetched and a distortion of the text, history, and purpose of the ACA. In the wake of yesterday's appellate arguments, conservative media is continuing to lecture Congress that legislators really meant to counter-intuitively destroy the ACA when they passed it, a bizarre argument that the editors of the National Review Online claimed "Democrats might have anticipated if they'd bothered reading the law." The Wall Street Journal took it as an opportunity to again accuse Obama of executive overreach, and invited the judiciary to "check on those abuses" and "vindicate the rule of law" by rewriting history to pretend Congress never intended tax credits in the federal exchanges.
A federal district court has already ruled against this unlikely argument, holding their "unpersuasive" legal theory about Congress' true intention contrary to common sense, because it would lead to "strange or absurd results."
Right-wing media have spent nearly a decade making false claims about birth control -- and now those falsehoods have found their way into the mouths of Supreme Court justices.
The Supreme Court on March 25 heard consolidated arguments in Sebelius v. Hobby Lobby and Conestoga Wood Specialties Corp. v. Sebelius, which examine whether for-profit businesses can deny employees health insurance coverage based on the owners' personal religious beliefs, a radical revision of First Amendment and corporate law. The owners of Hobby Lobby and Conestoga argue they should not be forced by the government to provide their employees insurance which covers certain forms of contraception, because they believe those types of birth control can cause abortions.
The owners are wrong. Medical experts have confirmed they are wrong, repeatedly and strenuously, including experts at the National Institute of Health, the Mayo Clinic and the International Federation of Gynecology. The contraceptives Hobby Lobby objects to -- which include emergency contraceptives like Plan B and long-term contraceptives like Intrauterine Devices (IUDs) -- delay an egg from being fertilized, and as the former assistant commissioner for women's health at the FDA noted, "their only connection to abortion is that they can prevent the need for one."
Despite this overwhelming medical evidence, the myth that some of the contested forms of birth control are "abortifacients" has gone all the way to the Supreme Court -- and now has been repeated by some of the justices themselves. During the oral arguments in the Hobby Lobby case, Justice Antonin Scalia responded to a point made by Solicitor General Donald Verrilli, the lawyer for the government, by referring to "birth controls ... that are abortifacient."
JUSTICE SCALIA: You're talking about, what, three or four birth controls, not all of them, just those that are abortifacient. That's not terribly expensive stuff, is it?
GENERAL VERRILLI: Well, to the contrary. And two points to make about that. First, of course the -- one of the methods of contraception they object to here is the IUD. And that is by far and away the method of contraception that is most effective, but has the highest upfront cost and creates precisely the kind of cost barrier that the preventive services provision is trying to break down.
Justice Stephen Breyer, while describing the position of the Hobby Lobby owners, also referred to "abortifacient contraceptives."
This misunderstanding matters because it could determine the outcome of the case. In order to win, a majority of justices may have to understand there is a compelling government interest in facilitating equal access to contraceptives across health insurance plans. It is an entirely different and more difficult question if the justices examine whether there is a compelling interest in the government facilitating access to abortion. Even though federal law explicitly prohibits federal funding of abortion and these birth control methods are not abortifacients, if the justices mistakenly think abortion is involved, this case becomes far more dangerous.
So whether the employees of for-profit companies like Hobby Lobby are guaranteed access to basic preventative health care could ultimately come down to whether the justices act on the reality that these forms of birth control do not cause abortions. Whether for-profit companies are considered religious persons, a drastic change to constitutional corporate law, could come down to whether the justices act on the reality that these forms of birth control do not cause abortions. Whether the rights of gay and lesbian employees are respected, and whether taxes, vaccines requirements, minimum wage, overtime laws are all upheld could come down to whether the justices act on the reality that these forms of birth control do not cause abortions.
This simple lie about birth control could set up a chain of events that drastically alter health care by rewriting First Amendment and corporate law in this country -- and it's a lie that comes straight from the media, who have been pushing it for almost a decade.
Studies came out as early as 2004 pushing back on the idea that Plan B caused abortions, but Media Matters has repeatedly noted the tendency of journalists to get their facts wrong when addressing the issue. In 2005, CNN host Carol Costello gave a platform to a pharmacist who refused to fill a prescription for birth control pills because she thought they were equivalent to "chemical abortion." In 2007, Time magazine called the morning-after pill "abortion-inducing," while an AP article pushed the false Republican claims that emergency contraception destroys "developing human fetuses." In 2010, The Washington Times repeatedly equated emergency contraception to abortion.
And there was Lila Rose, the anti-abortion activist who in 2011 released videos heavily edited to deceptively portray practices at Planned Parenthood clinics, and who has equated contraception to "abortion-inducing drugs" which she claims exploit women. Rose and her mentor, James O'Keefe, defended their manipulation and falsification of evidence as "tactics" against the "genocide" of abortion, and she was supported and promoted on The O'Reilly Factor, Hannity's America, The Glenn Beck Show, The Laura Ingraham Show, while her work was been featured by Reuters, the Los Angeles Times, The Wall Street Journal, Washington Times, and National Review.
When the Affordable Care Act was passed in 2010, and medical experts including the Institute of Medicine recommended including comprehensive coverage for contraception as part of the preventative care provisions, right-wing media freaked out, calling it "immoral" and "a way to eradicate the poor." Fox News ignored the overwhelming support for the resulting contraception policy, instead pretending that Catholic hospitals and employers were being victimized -- even as exemptions and accommodations were included for churches and religious nonprofits. By 2012, Fox News' Michelle Malkin was referring to the contraception regulations as an "abortion mandate." Now, right-wing media figures have used the Hobby Lobby case and others to bring back this lie, from Fox News to the Wall Street Journal, while Rush Limbaugh and Laura Ingraham have become particularly fond of discussing these "abortifacients."
As Media Matters has previously explained, right-wing talking points demonizing birth control made their way into the amicus briefs presented to the court before the case was even argued, and Justice Scalia in particular has been known to repeat verbatim right-wing myths, such as the dubious idea that if the Supreme Court upheld the ACA the federal government could ultimately require consumers to purchase broccoli.
But the presence of the "abortifacient" lie during oral arguments takes this worrying tendency to a new level, raising the prospect that right-wing media's lies could potentially determine the outcome of a crucial case for religious and corporate law, hugely damaging reproductive rights in the process. If women lose the guarantee for their basic preventative health care, and corporations are granted even more flexibility as "persons" with religious rights, right-wing media will be partly to blame.
Fox New's Shannon Bream misleadingly framed a case challenging reproductive rights in the Affordable Care Act (ACA) before the Supreme Court as an abortion issue when in fact the case deals with the inclusion of contraceptives, not abortion, as essential services under employer provided insurance.
On the March 25 edition of Special Report, Supreme Court correspondent Shannon Bream reported on oral arguments before the Supreme Court in the Sebelius v. Hobby Lobby case, which has to do with Hobby Lobby's desire to avoid the ACA's contraception mandate. Bream introduced the segment by claiming the case had to do with "abortion and Obamacare, two controversial topics that stir heated passions," later adding, "and that is just what happened both inside and outside the Supreme Court today":
Despite Fox's framing, the case is about contraception, not abortion. While Hobby Lobby has attempted to claim that their opposition to contraception is based on the belief that they are the equivalent of abortifacients, medical experts have explained that they are not. According to institutions such as the International Federation of Gynecology and Obstetrics, contraceptives such as the morning-after pill do not "terminate established pregnancies":
In federal law and medical terms, pregnancy does not begin with a fertilized egg, but with a fertilized egg that has implanted in the uterus. The contraceptives in question--Plan B, Ella, copper and hormonal IUDs--do not cause abortions as the plaintiffs maintain, because they are not being used to terminate established pregnancies.
Since the FDA approved Plan B in 1999, repeated studies have shown the drug does not inhibit implantation. After The New York Times' Pam Belluck investigated these findings in 2012, the NIH and the Mayo Clinic updated their websites to remove the implantation clause. In Europe, the label for the drug Norlevo, which is identical to Plan B, has already been changed to reflect the most recent research. And the International Federation of Gynecology and Obstetrics and the International Consortium for Emergency Contraception have issued statements saying levonorgestrel-only emergency contraceptives do not stop implantation.
In fact, according to the Kaiser Family Foundation, abortion coverage is "specifically banned from being required as part of the essential benefits package offered by plans in exchanges and all of the exchanges must offer consumers the choice of at least one plan that does not provide abortion coverage". Furthermore, the contraceptives objected to by Hobby Lobby are deemed contraceptives and not abortifacients by medical experts at the National Institute of Health, the Mayo Clinic and the International Federation of Gynecology.