Fox News hyped a lawsuit by Republican Senator Ron Johnson (WI) against the federal government to revive the long-debunked myth that Congress got exemptions from the Affordable Care Act by receiving the same employer contribution for its insurance that it traditionally received.
The Wall Street Journal downplayed a "rare" and "extreme" Supreme Court order that could make it even more difficult for women to obtain contraceptive coverage in the wake of the Hobby Lobby decision, arguing that Justice Sonia Sotomayor "may come to regret her furious dissent" from the ruling.
On June 30, the conservative justices of the Supreme Court held in Burwell v. Hobby Lobby that the chain craft store was exempt from a provision in the Affordable Care Act (ACA) that requires employer-provided health insurance plans to cover preventive health care services, including birth control. The majority opinion, helmed by Justice Samuel Alito, suggested that the government offer for-profit, secular corporations like Hobby Lobby the same accommodation that exempts religiously-affiliated non-profits from the birth control requirement. In order for such non-profits to take advantage of this exemption, they must sign a self-certification form that states their moral objection to birth control, which allows their insurance companies to provide the medications to employees at no additional cost.
But the Court, not to mention right-wing media outlets, ignored the flaw in this plan -- that the religious accommodation is also being challenged as an illegal burden on religious freedom. Wheaton College, a Christian school in Illinois, is one of the challengers arguing that signing the exemption form "makes it complicit in grave moral evil" because the college "sincerely believes" that signing will "enable the flow of abortion-inducing drugs." On July 3, the Supreme Court issued an emergency injunction in Wheaton's favor, excusing the college from signing the exemption form until after its lawsuit is heard by the lower courts. Sotomayor, joined by Justices Ruth Bader Ginsburg and Elena Kagan, dissented from the order, writing that "those who are bound by our decisions usually believe they can take us at our word. Not so today. ... [Granting the injunction] evinces disregard for even the newest of this Court's precedents and undermines confidence in this institution."
In a July 6 editorial, the Journal dismissed the significance of the injunction, and called Sotomayor's dissent an "overreaction":
Our guess is that Supreme Court Justice Sonia Sotomayor may come to regret her furious dissent last week to a simple Court order granting a temporary religious liberty reprieve to Wheaton College from having to obey ObamaCare's contraception mandate. She and the two other female Justices accused the Court's majority of all sorts of legal offenses, not least dishonesty.
Wheaton is challenging that accommodation as too restrictive, but the Court did not rule on the merits last week. All it did was grant a reprieve from having to obey the mandate while the case is being heard. This says little about how the Court might eventually rule, notwithstanding Justice Sotomayor's angry implication. The reprieve will also not deny any reproductive services to anyone.
Justice Sotomayor suggested the majority had harmed the Court's reputation, but it seems to us that her overreaction did far more to make the Justices a political target.
From the July 7 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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From the July 6 edition of ABC's This Week with George Stephanopoulos:
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Conservative columnist Dennis Prager claimed that "heterosexual AIDS" is a crisis "entirely manufactured by the Left," continuing his years-long campaign of peddling dangerous and inaccurate AIDS denialism.
Prager's July 1 syndicated column featured a defense of the Washington Redskins' name. Prager accused the "American Left" of being preoccupied with "manufactured" controversies and crises, including "heterosexual AIDS":
The great majority of American Indians understandably just don't care. Like heterosexual AIDS and so many other crises, this has been entirely manufactured by the Left. Since 1947, there has been a movie theater, the Redskin Theatre (with the same logo as the football team), in Anadarko, Okla., a city whose population is divided evenly between Indians and whites and that calls itself the "Indian Capital of the Nation." Why, in 67 years, have the Indian populations of Anadarko and Oklahoma not changed this theater's name? Because the Left hadn't made it an issue. It's not an Indian issue; it's a left-wing issue. [emphasis added]
Prager's comparison is the latest in his long and bizarre history of falsely asserting that HIV and AIDS aren't issues for heterosexuals. As Adam Serwer wrote for The American Prospect in 2008, Prager exemplifies a strain of "AIDS denialism" that suggests that "AIDS is a 'gay' problem, and so heterosexuals don't have to worry about it."
In a 2007 column titled "Does the Left Value Truth?," Prager wrote:
The homeless, heterosexual AIDS and rape. For years, mainstream liberal news media purveyed false information supplied by Mitch Snyder, the major liberal activist on behalf of the homeless. Likewise, we were told by gay and AIDS activist groups that AIDS "doesn't discriminate," meaning that heterosexuals in America were as likely to contract the HIV virus as homosexuals. It was never true in America (Africa may be another story for other reasons). [emphasis added]
According to Prager, AIDS activists invented the myth of heterosexual AIDS in order to generate hysteria about the disease. During a June 2008 edition of his radio show, he equated heterosexual AIDS with other purportedly exaggerated threats, including climate change and secondhand smoke:
Fox News is minimizing the radical nature of the Supreme Court's decision in Hobby Lobby, framing it as narrowly-tailored and claiming that the federal government "will end up paying" for the four contraceptives that the chain store objected to. However, Fox is ignoring the fact that companies are challenging all 20 contraceptives covered under the Affordable Care Act (ACA) and that one way the conservative majority suggested the government could bridge the gap in coverage -- providing the same opt-out accommodation to for-profits that it provides to religiously-affiliated non-profits -- is already being challenged in the lower courts.
On June 30, the Supreme Court ruled in Burwell v. Hobby Lobby, holding that for-profit, secular corporations are exempt from a provision in the ACA that requires employer-sponsored health insurance plans to cover comprehensive preventive health services, including contraception. The religious owners of Hobby Lobby objected to providing coverage for certain forms of birth control, including emergency contraception and intrauterine devices, because they erroneously believe that these medications cause abortions. For the all-male conservative majority on the Court, it was enough that the owners "sincerely believed" this scientifically inaccurate information.
Right-wing media immediately celebrated the Hobby Lobby decision, which adopted many of their favorite myths about religious freedom and contraception. Fox News in particular was supportive of the Court's supposedly "narrow ruling," with contributor Laura Ingraham claiming that women who worked at companies "like Hobby Lobby" who were upset about the decision were overreacting and "had really bad cases of the vapors over this case." A panel discussion on the June 30 edition of Fox's On the Record with Greta Van Susteren also downplayed the significance of the case, with Weekly Standard senior writer Stephen Hayes stating that he didn't think the case would "have a huge impact" because "the Court very carefully narrowed this case to apply basically to the facts presented." A.B. Stoddard, associate editor of The Hill, agreed with Hayes and claimed that the case was "narrowly-tailored," arguing that "the government will end up paying for these [forms of contraception] anyway." Fox News host Megyn Kelly went the furthest on The O'Reilly Factor, claiming reproductive rights advocate Sandra Fluke -- who warned the decision could apply to all contraception -- "doesn't know what she is talking about."
From the July 1 edition of Fox News' The Five:
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From the July 1 edition of Premiere Radio Networks' The Sean Hannity Show:
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The Supreme Court's Hobby Lobby decision might make it harder for millions of LGBT Americans to access treatment that could revolutionize the fight against HIV/AIDS.
The Supreme Court's decision in Burwell v. Hobby Lobby Stores, Inc. has sparked debate over whether the court's opinion grants business owners the right to discriminate against LGBT customers and employees on religious grounds. The decision is already being celebrated by a number of anti-LGBT activists who see it as a license to ignore non-discrimination laws, while some commentators have argued that the decision was tailored to avoid creating a blank check for homophobic business owners.
But the Hobby Lobby decision's most significant implication for the LGBT community may be its impact on Truvada, a controversial "miracle drug" that blocks HIV infection and may revolutionize the battle against HIV/AIDS.
In May 2014, the Centers for Disease Control and Prevention (CDC) endorsed Truvada, which is a pre-expsure prophylaxis (PrEP) treatment combining two different antiviral drugs, for use by patients deemed at risk for HIV/AIDS. When taken properly, Truvada reduces the risk of HIV by more than 99 percent effective.
Despite its effectiveness, Truvada remains a hotly debated topic in the LGBT community, with critics warning (incorrectly) that Truvada users are more likely to engage in unsafe sex and deriding users as promiscuous and irresponsible.
In April, USA Today noted the similarities between the controversy surrounding Truvada and conservative opposition to birth control:
Demetre Daskalakis, the Mount Sinai doctor, said the Truvada debate recalls the way birth control was viewed in some quarters in the 1960s -- as an accessory to promiscuity.
"Anyone who takes Truvada, someone is looking at them and saying they're licentious," Daskalakis said. "When this becomes more normalized, we'll be fine."
A Tampa Tribune editorial celebrating the Supreme Court's decision to allow companies to discriminate against certain types of birth control in their insurance plans furthered the flawed concept that the government was forcing companies to provide "life-ending morning-after pills." In fact, the scientific community has found that the disputed forms of contraception are not abortifacients.
Fox contributor Charles Krauthammer falsely claimed that the Obama administration "arbitrarily" determined that the Affordable Care Act's (ACA) preventive services requirement must include contraception. Krauthammer's claim ignores that the ACA includes contraception as a preventive services requirement for women, and dismisses the fact that contraception is an integral form of preventive care for women.
Following the June 30 Supreme Court decision that closely held corporations cannot be required to provide health coverage that includes contraception, Krauthammer asserted that the Obama administration "arbitrarily" decided that the ACA's mandate that employers provide preventative care should include birth control, "as if pregnancy is a disease to be prevented":
From the June 30 edition of Fox News' The O'Reilly Factor:
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From the June 30 edition of Fox News' The Five:
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On June 30th, five male justices held that "closely held" for-profit secular corporations like Hobby Lobby are exempt under the Religious Freedom Restoration Act (RFRA) from the so-called "contraception mandate." Right-wing media predictably cheered and mocked women's access to contraception, even though the decision was based on a series of myths.
Here are eight women explaining why the Hobby Lobby decision is dead wrong:
Right-wing media are celebrating now that the conservative justices of the Supreme Court have issued their unprecedented ruling in Burwell v. Hobby Lobby, with the Court adopting a number of conservative myths in the decision that allows sex discrimination in the name of corporate religion.
On June 30, the conservative majority of the Supreme Court -- five men and no women -- held that "closely held" for-profit secular corporations like Hobby Lobby are exempt under the Religious Freedom Restoration Act (RFRA) from the "contraception mandate." This so-called mandate, a provision of the Affordable Care Act (ACA), requires employer-sponsored health insurance to cover comprehensive preventive health care, including birth control. In so holding, the Court's decision in Hobby Lobby gave credence to some of the worst conservative myths that have been steadily advanced by right-wing media.
The fact that Hobby Lobby likely employs workers who have no moral or religious dispute with contraception didn't seem to be of much concern to outlets like The Wall Street Journal, National Review Online, or Fox News. From the start, NRO framed the case as a David and Goliath-like scenario, with the Green family owners of Hobby Lobby as victims of the federal government -- despite the fact that Hobby Lobby is a massive corporation, owned by billionaires, with hundreds of stores across the country. Fox & Friends host Elisabeth Hasselbeck went so far as to call the contraception mandate evidence of the "moral decay" of the Obama administration's policies. For right-wing media, the religious beliefs of the owners took precedence over those of their female employees. Apparently, the Supreme Court agreed.
The Court attempted to limit its decision to "closely held" corporations like Hobby Lobby, but according to experts, more than 90 percent of corporations are considered to be "closely held." In his majority opinion, Justice Samuel Alito downplayed the significance of the Hobby Lobby decision's expansion of the concept of corporate personhood, writing that "a corporation is simply a form of organization used by human beings to achieve desired ends" and claiming there was nothing radical about extending rights "whether constitutional or statutory" to for-profit secular corporations. His opinion conflated these businesses with non-profits just as right-wing media had urged.
The religious rights of the employees, now held hostage by their employers' moral objections, did not appear to make much of an impact on the Court's conservative majority.
Moreover, wrote Alito, the birth control requirement was not "the least restrictive means" of achieving the "compelling governmental interest" of ensuring no-cost comprehensive preventive health care services for everyone. Instead, said the majority, the government should "assume the cost of providing the contraceptives at issue to any women who are unable to obtain them under their health-insurance policies due to their employers' religious objections," thus shifting the employee-earned benefit of health insurance from a billion-dollar corporation to the general public.
It was enough for Alito that the Greens "sincerely believed" that the contraceptives at issue in the case are "abortifacients" -- echoing right-wing media's constant confusion of the two -- even though they really, really aren't.