The National Review Online falsely attributed convicted murderer Kermit Gosnell's illegal practices to judges who have "declared every abortion sacrosanct."
This assertion from a May 13 editorial, "Gosnell is Not an Aberration," flies in the face of a mounting pile of judicial decisions upholding restrictions on abortion and Roe v. Wade's explicit holding that the right to reproductive choice is not unqualified.
NRO identifies judges as "enablers" of Gosnell's illegal practices, stating:
Gosnell had thousands of enablers: every judge and justice who has declared every abortion sacrosanct, every politician who has blocked meaningful regulation and oversight of the practice, and every intellectual who has furthered the notion that what resides in a woman's womb is nothing more than a meaningless clump of cells.
The Supreme Court in theory allows for the protection of infants who have reached the stage of viability, but in practice the Court has made enforcement of such laws all but impossible, which is why prosecutions of late-term abortions are exceedingly rare, even in states such as Pennsylvania, where the practice is nominally illegal.
The Supreme Court's decisions do not support this. Notably, although the Court in Planned Parenthood of Southeastern PA v. Casey, concluded that "the essential holding of Roe v. Wade should be retained and once again reaffirmed," the Court also upheld four provisions of a Pennsylvania statute that sharply restricted access to abortion--striking down only a provision requiring a woman to provide a signed statement that she had notified her spouse of her intent to seek an abortion.
Writing for a plurality of the Court, Justice Sandra Day O'Connor explicitly defined Roe's holding to include limitations on the right to terminate a pregnancy:
First is a recognition of the right of the woman to choose to have an abortion before viability and to obtain it without undue interference from the State. Before viability, the State's interests are not strong enough to support a prohibition of abortion or the imposition of a substantial obstacle to the woman's effective right to elect the procedure. Second is a confirmation of the State's power to restrict abortions after fetal viability, if the law contains exceptions for pregnancies which endanger a woman's life or health. And third is the principle that the State has legitimate interests from the outset of the pregnancy in protecting the health of the woman and the life of the fetus that may become a child. These principles do not contradict one another; and we adhere to each.
In keeping with these three interests, the plurality upheld an informed consent provision, pre-procedure counseling requirements, a 24-hour waiting period, and a parental consent requirement for minors. These restrictions remain on the books today, a fact that NRO recognized: "The state of Pennsylvania disallows most abortions after the 24th week of pregnancy, meaning that practically all of Gosnell's late-term abortions were crimes."
Not only did the Casey court uphold significant restrictions, it did so by a bare plurality. As Justice Harry Blackmun noted in a separate opinion, Roe hung by a thread:
Three years ago, in Webster v. Reproductive Health Serv., 492 U.S. 490 (1989), four Members of this Court appeared poised to "cas[t] into darkness the hopes and visions of every woman in this country" who had come to believe that the Constitution guaranteed her the right to reproductive choice. Id., at 557 (Blackmun, J., dissenting). See id., at 499 (opinion of Rehnquist, C.J.); id., at 532 (opinion of Scalia, J.). All that remained between the promise of Roe and the darkness of the plurality was a single, flickering flame. Decisions since Webster gave little reason to hope that this flame would cast much light. See, e. g., Ohio v. Akron Center for Reproductive Health, 497 U.S. 502, 524 (1990) (opinion of Blackmun, J.). But now, just when somany expected the darkness to fall, the flame has grown bright.
I do not underestimate the significance of today's joint opinion. Yet I remain steadfast in my belief that the right to reproductive choice is entitled to the full protection afforded by this Court before Webster. And I fear for the darkness as four Justices anxiously await the single vote necessary to extinguish the light.
Justice Blackmun's prediction that the Court's composition could affect the right to choose proved prophetic. In its 2000 opinion in Stenberg v. Carthart, the Court reaffirmed the right to terminate a pregnancy when necessary to preserve a woman's health and thus struck down Nebraska's limitation on so-called "partial birth abortions."
However, only six years later in Gonzalez v.Carhart, the Court upheld a similar federal ban. As Justice Ruth Bader Ginsburg noted in her dissenting opinion, "for the first time since Roe, the Court blesses a prohibition with no exception safeguarding a woman's health." She observed that the decision was in direct conflict with its prior precedent, and identified the Court's composition as the reason for that departure:
Though today's opinion does not go so far as to discard Roe or Casey, the Court, differently composed than it was when we last considered a restrictive abortion regulation, is hardly faithful to our earlier invocations of "the rule of law" and the "principles of stare decisis." Congress imposed a ban despite our clear prior holdings that the State cannot proscribe an abortion procedure when its use is necessary to protect a woman's health. See supra, at 7, n. 4. Although Congress' findings could not withstand the crucible of trial, the Court defers to the legislative override of our Constitution-based rulings. See supra, at 7-9. A decision so at odds with our jurisprudence should not have staying power.
Nonetheless, NRO mischaracterizes the Court's decisions, which have increasingly limited Roe's reach:
Thanks to the misguided social entrepreneurship of the Supreme Court, abortion is protected as a constitutional absolute, and late-term abortions, grisly as they are, enjoy substantial protection as well.
Since Kermit Gosnell's conviction of the murder of three infants, right-wing media have dismissed existing laws and the context of Gosnell's case as part of their ongoing campaign to connect his horrific crimes to legal abortion procedures.
The Wall Street Journal debunked the false equivalency of its editorial page that insists the current GOP blockade on President Obama's judicial nominees is unremarkable "turnabout" and merely follows "filibuster precedent" set by Democrats.
In a May 13 article, the WSJ's Washington Bureau Chief Gerald F. Seib detailed the unprecedented Republican obstructionism of the president's agenda, which not only attempts to nullify his policy initiatives by hamstringing executive agencies, but more seriously by filibustering his picks for the federal courts.
As explained by Seib, the Republican refusal to allow up or down votes on President Obama's judicial nominations is both unparalleled and has turned the Senate into an "embarrassment to itself...that increasingly infects the rest of government with its paralysis." From his May 13 article:
The Obama administration must shoulder some blame for this predicament. It has been slower than its predecessors to vet and nominate judicial candidates.
But the lion's share of the blame lies with the Senate, a body that's becoming an embarrassment to itself and that increasingly infects the rest of government with its paralysis.
This problem has been building for years. A recent study by the nonpartisan Congressional Research Service shows that even noncontroversial judicial appointments--those that ultimately got bipartisan support and easily passed the Senate--are having to wait longer for confirmation across the past four presidencies of both parties.
As Republicans note, Democrats set the stage for today's problems by filibustering George W. Bush's judicial nominees. Now the problem has grown worse in the Obama years, as Republicans turn the tables and bottle up Democratic nominations.
The study found that 35.7% of George W. Bush's noncontroversial circuit-court nominees had to wait more than 200 days for confirmation--up from 22.2% for Bill Clinton. During the Obama presidency, that percentage has soared to 63.6%. No Obama circuit-court nominee has been confirmed in less than 100 days.
What's more, previously only more-sensitive appeals-court nominations were filibustered; now it's also less-sensitive district-court nominations.
National Rifle Association board member Ted Nugent detailed a plan for immigration reform which calls for treating undocumented immigrants like "indentured servants" and requiring undocumented male immigrants to build a fence on the United States-Mexico border.
In his regular column for WND, Nugent proposed his "Nuge Immigration Plan" because "[w]e don't need any more bloodsuckers" and promised to "apply Sherriff Joe Arpaio justice" to anyone who has been deported for committing a crime and caught trying to re-enter the country. The plan would also end birthright citizenship currently guaranteed by the Fourteenth Amendment. According to Nugent, "The anchor baby scam should be immediately rescinded. You don't need to be a constitutional expert like our president to know that the original intent of the 14th Amendment was not to provide citizenship to illegal women or their babies who are born on American soil."
The "NIP" would also involve ending the United States government practice of printing some documents in Spanish and other languages, which Nugent calls "the most racist thing our government does" by "encouraging people not to learn English."
Mainstream media outlets are blindly repeating the claim by Sen. Kelly Ayotte (R-NH) that she supported expanded background checks by voting for Republican legislation that would actually have weakened the background check system.
On April 17, Ayotte voted against the Manchin-Toomey amendment, a legislative proposal to expand background checks to sales at gun shows and over the Internet, facing political backlash as a result. Ayotte, however, co-sponsored and voted in favor of a replacement bill offered by Sens. Ted Cruz (R-TX) and Chuck Grassley (R-IA) that purported to improve the background check system by increasing the number of mental health records in the National Instant Criminal Background Check System (NICS).
In fact, the Grassley-Cruz proposal would weaken the gun background check system by changing the way mental health records are reported, potentially invalidating mental health records that are currently in the system. Specifically, Section 103 would change current law by only creating a disqualifying background check record if an individual is designated as dangerously mentally ill by a court or other adjudicative body. Under present law, adjudications by all lawful authorities create a record that prohibits an individual from buying a firearm.
To the contrary, Manchin-Toomey would have increased the number of mental health records in NICS by offering states financial incentives and disincentives to include missing records in the system, in addition to expanding background checks
The Wall Street Journal applauded another anti-worker decision of the extremely conservative U.S. Court of Appeals for the D.C. Circuit and touted its escalating attacks on the National Labor Relations Board.
The D.C. Circuit is considered second only to the Supreme Court in importance because it has jurisdiction over the bulk of challenges to government action and regulations ranging from national security to environmental law. It is currently skewed to the far right, due to a highly successful court-packing effort by the Republican Party. The results have been predictably devastating for government protections that offend big business sensibilities.
The National Labor Relations Board (NLRB) - frequent bogeyman of the right - has been a victim of this ideological bias, and the WSJ highlighted the D.C. Circuit's radical decision invalidating the president's last two nominees to the NLRB when commentating on a more recent judicial "smackdown" of worker rights. From the WSJ:
[T]he D.C. Circuit Court of Appeals, ruling in National Association of Manufacturers v. National Labor Relations Board, struck down the NLRB's diktat that businesses put up pro-union posters in the workplace. That, the court said, violated employer free speech rights in place since Congress's 1947 Taft-Hartley Act. It got worse.
Before even getting to the heart of his opinion, Judge A. Raymond Randolph wrote, "Although the parties have not raised it, one issue needs to be resolved before we turn to the merits of the case." That "one issue" is of course the now-famous Noel Canning case, the D.C. Circuit's January opinion which held that President Obama's non-recess recess appointments to the NLRB were illegal, and thus hundreds of past and current NLRB rulings are illegitimate. While the poster rule was not affected by Canning, the appeals court felt the need to remind the NLRB of its current, weak status. Ouch.
The specific case that the WSJ used to attack the legitimacy of the NLRB in general, National Association of Manufacturers, is disturbing in its own right, if sadly typical of an appellate court that has proven to be hostile to regulations that seek to curb corporate excess. Utilizing a strained reading of the First Amendment, the D.C. Circuit held that a NLRB rule that required employers to display a notice informing workers of their rights under the National Labor Relations Act (NLRA) of 1935 impermissibly compelled employer speech.
Members of conservative media are trumpeting a government report indicating that gun homicides have fallen as proof that the need for stronger gun laws is unwarranted, while ignoring multiple factors that could account for the decrease. At the same time, firearm violence continues to be a problem as firearm homicides have fallen less than serious violent crime in general and the rate of gun violence in the United States still far outpaces other high-income nations.
In a May report, the Department of Justice Bureau of Justice Statistics (BJS) indicated that the number of gun homicides fell 39 percent from 18,253 in 1993 to 11,101 in 2011. The Pew Research Center adjusted the figures to represent per capita rates in its report on the BJS data, finding that the incidence of firearm homicide has fallen 49 percent during that time period.
Right-wing media have quickly seized upon this data to dismiss the need for stronger gun laws. According to the National Review Online's Charles C. W. Cooke, the BJS and Pew reports make "embarrassing reading for those who spend their time trying to make it appear as if America is in the middle of a gun-crime wave." John Nolte of Brietbart.com wrote, "This report not only proves the media wrong, it proves the NRA right." Conservative Washington Post blogger Jennifer Rubin wrote that the reports represent "rotten data for anti-gun advocates trying to revive the Newtown, Conn., anti-gun legislative package." Townhall's Katie Pavlich, who is also a contributor at Fox News, added, "Once again more guns do in fact equal less crime."
But there is no logic to their arguments that data from the reports constitutes evidence against proposals to strengthen gun laws. Gun availability has been repeatedly linked to higher incidence of firearm homicides, and firearms remain the driving factor of homicides, with 70 percent of murders involving guns. According to an October 2012 report from BJS, the rate of serious violent crime declined 75 percent between 1993 and 2011, meaning that gun homicides are declining at a slower pace than overall crime.
Other factors may help explain the fall of gun crime since the early 1990s including reductions in lead levels, the end of the crack epidemic, advances in medicine that allow more gunshot victims to survive their wounds, and a declining rate of gun ownership.
Right-wing media continue their relentless campaign to undermine the Labor Secretary nomination of Thomas Perez, pushing the baseless claim that he acted unethically in his involvement with a withdrawn Supreme Court case that could have undone decades of civil rights precedent.
The Wall Street Journal and the National Review Online have been at the forefront of allegations, most recently made by the WSJ on May 6, that Perez perpetuated a "shady quid pro quo" with the City of St. Paul, Minnesota, because of his involvement in deliberations that resulted in a withdrawn Supreme Court case, Magner v. Gallagher, and the decision of the Department of Justice to not intervene in an unrelated False Claims Act lawsuit.
By holding a surprise hearing for the "whistleblower" who initiated the False Claims Act case against St. Paul, Congressional Republicans have used the allegations that something "awfully suspicious" occurred to push back Senate mark-up of Perez's nomination until May 8. The "whistleblower," a small business owner named Frederick Newell, may have lost a sizeable sum of money he could have been awarded if DOJ had intervened. As explained by Mother Jones, "given all the hard work he put in, it's understandable he's ticked off at Perez. But the fact that Newell didn't get his money doesn't mean Perez did anything improper."
Indeed, it's unclear if Newell could have won even if DOJ had joined the case. DOJ's top expert on these sorts of claims, Deputy Assistant Attorney General Michael Hertz, determined the case was weak, reportedly deciding "this case sucks" and to not intervene. The Magner case at the other end of this "quid pro quo," however, was of far greater significance.
Because Magner had the potential to present yet another opportunity for the conservative Justices to dismantle long-standing civil rights precedent, advocates ranging from civil rights attorneys to former Vice President Walter Mondale joined the DOJ in requesting St. Paul drop its appeal that had brought the case to the Supreme Court. In a recent op-ed for Politico, Wade Henderson, president and CEO of The Leadership Conference on Civil and Human Rights, explained the stakes:
As any lawyer knows, bad facts make bad law. This adage aptly applies to a fair housing case involving the city of St. Paul, Minn., that is now being unfairly used to tarnish the integrity of Tom Perez[.]
What made [Magner] so unusual was landlords' claim that by enforcing housing codes against them the city was committing a civil rights violation under the Fair Housing Act. Their argument was that bringing their buildings up to code would cost too much money, cause them to dispose of the properties and thus, affect the access of their minority tenants to housing. The district court dismissed the landlords' claims, but they prevailed on appeal.
This case represented a real threat to established civil rights laws that have protected millions of Americans from discrimination. It would be a real threat to the integrity of the Fair Housing Act if these landlords could use it to keep tenants in squalor.
St. Paul's mayor, Chris Coleman, was working with Perez on this issue and on an unrelated False Claims Act case against the city. The false claims case was relatively weak, and the Justice Department chose to dismiss it. During this same period, I was among the civil rights advocates who initiated conversations with the mayor to ask if he would withdraw the city's Supreme Court appeal in the landlords' case. Coleman's public interest background and commitment to preserving the Fair Housing Act made him uniquely sympathetic to our concerns. After due deliberation, the city dropped its Supreme Court appeal.
Republican congressmen are giving credibility to Alex Jones and his conservative fringe website Infowars.com, which popularized a conspiracy theory that DHS is stockpiling ammunition for nefarious purposes. The conspiracy theory has now inspired legislation known as the AMMO Act of 2013, which seeks to limit the ammunition purchasing power of the Department of Homeland Security (DHS), even though the underlying theory was based on flawed math and a mischaracterization of the facts.
During the 2013 National Rifle Association annual meeting, held May 3 - 5 in Houston, Texas, the gun rights organization reaffirmed its hardline stance against any restrictions on firearms and hosted an over-the-top Glenn Beck presentation that depicted one of the NRA's political opponents as a Nazi.
NRA executive vice president Wayne LaPierre set the tone of the convention with a May 4 speech that warned of a "long war against our constitutional rights" and concluded with a message for media and political "elites" in America: "Let them be damned."
The meeting also involved the adoption of a resolution put forward by fringe gun activist Jeff Knox that stated the NRA will oppose all future gun restrictions. Also featured at the annual convention was a speech from newly-elected NRA president Jim Porter, a hardline gun rights activist, that included the claim that President Obama seeks to take "revenge" against gun owners.
In a freewheeling presentation billed as the "NRA's most important gathering of the year," conservative radio personality Glenn Beck offensively portrayed New York City Mayor Michael Bloomberg as a Nazi giving the Sieg Hail salute before concluding his hour-and-a-half long "Stand and Fight" speech by comparing the struggles of gun owners to those of the African-American civil rights movement.
Here are nine moments from the NRA's annual meeting that typify the fringe nature of the organization:
"We Shall Overcome:" Beck Adopts The Mantle Of Dr. Martin Luther King, Jr.
Referencing the Underground Railroad and lunch counter protests, Beck said that he hoped the NRA would join him in a passive resistance movement. At the apex of his speech, Beck stated, "We are the law-abiding God-fearing members of the NRA. We are Americans. And we will be clear. We will stand; we'll march if we have to. We'll stand because we must. But we will not be moved. Our right to keep and bear arms will not be infringed. We will follow the footsteps of Jesus Christ, we will follow the footsteps of Frederick Douglas, Winston Churchill, Thomas Paine, Dietrich Bonhoeffer, [David] Ben-Gurion, Margaret Thatcher, Ronald Reagan, Ghandi, Thomas Jefferson and Martin Luther King, hear me now. Hear me now. We shall overcome."
From the May 4 National Rifle Association "Stand and Fight" rally:
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Right-wing media are trying to downplay a confrontation over gun sale background checks between a woman who lost her mother in the Newtown, CT, shooting and Sen. Kelly Ayotte (R-NH) by promoting a report from an Ayotte donor whose wife is the former chair of the New Hampshire GOP.
Erica Lafferty, the daughter of Sandy Hook Elementary School principal Dawn Hochsprung, asked Ayotte during an April 30 town hall meeting in Warren, New Hampshire, "why the burden of my mother being gunned down in the halls of her elementary school isn't more important" than Ayotte's claim that conducting background checks would be burdensome for gun store owners. According to NBC News, the meeting "drew more than 100 people who came to condemn or support Ayotte's vote."
Reacting to news reports of the confrontation between Lafferty and Ayotte, Shawn Millerick, editor of the conservative New Hampshire Journal, complained of "liberal media bias" and wrote that reports of Ayotte being confronted over her failure to support expanded background checks were exaggerated by the national media. Millerick also posted photographs of cars with out-of-state license plates that he says belonged to the individuals who opposed Ayotte's background check vote.
Breitbart.com, The Daily Caller, The Blaze, RedState and NewsBusters are all promoting Millerick's report as evidence that the media was dishonest in its coverage of Ayotte's town hall meeting while also characterizing Millerick's online newspaper as a "local" media source and not mentioning its partisan slant. According to Breitbart.com's John Nolte, Millerick's report "expose[d] the leftist national media for the liars they are." The Daily Caller's Alex Pappas framed the issue as a discrepancy between "local" and "national" media:
From the May 2 edition of NRA News' Cam & Company:
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The Tampa Bay Times failed to note the extremist past of David Yerushalmi -- an anti-Muslim lawyer and activist -- who authored the model legislation for a Florida bill which would attempt to ban Sharia law in the state.
Florida's largest paper focused its coverage of the anti-Sharia bill on the comments made by politicians on both sides of the debate in a "he said, she said" fashion, including those of the bill's sponsor, Rep. Larry Metz (R-Yalaha), who couldn't name an instance when the law would be needed, instead calling it a preventative measure. In addition, while the paper mentioned that Yerushalmi drafted the model legislation in a blog post, it failed to go in depth into Yerushalmi's history with anti-Sharia laws and racist rhetoric. His role was not included at all in any of the paper's print coverage of the anti-Sharia bill.
Yerushalmi, who founded the Society of Americans for National Existence (SANE) and is senior counsel to anti-Muslim activist Frank Gaffney's Center for Security Policy, wrote the model legislation for the Florida bill and bills in several other states, entitled "American Laws for American Courts."
However, Yerushalmi has a history of negative rhetoric towards immigrants, Muslims and African-Americans. As the Anti-Defamation League pointed out in a report calling Yerushalmi "a driving force behind anti-Sharia efforts in the U.S.," he has previously called for creating "special criminal camps" to house undocumented immigrants, said that African-Americans are a "relatively murderous race killing itself" and discussed how some races are better "in Western societies and some better in tribal ones." He's also claimed that Muslims are our enemies and that "Muslim civilization is at war with Judeo-Christian civilization," while demonizing millions of Muslims worldwide:
Yerushalmi has created a characterization of Shari'a law (i.e., Islamic law) that declares there are "hundreds of millions" of Muslims who are either "fully committed mujahideen" or "still dangerous but lesser committed jihad sympathizers" who, because of Shari'a law, would be willing to murder all non-believers unwilling to convert, in order to "impose a worldwide political hegemony."
Yerushalmi's group, SANE, has previously called on Congress to declare war on the Muslim nation and asked them to define Muslim undocumented immigrants as "alien enemies 'subject to immediate deportation.'"
Yerushalmi also has strong connections with other anti-Muslim activists including Pamela Geller and Gaffney, both of whom have been criticized for their extreme anti-Muslim rhetoric and actions and were quoted in the manifesto of Anders Behring Breivik, who killed 77 people in a Norwegian mass murder to allegedly prevent "Islamization."
The Tampa Bay Times' oversight in not reporting Yerushalmi's influence on the Florida bill leaves its readers unaware that the bill is not a "preventative" measure as the bill's sponsor claims, but rather a systematic attempt to rid the United States of Islam by an anti-Muslim activist.
The Daily Caller discounted the experiences of some victims of gun violence who have promoted stronger gun laws by claiming they suffer from "hoplophobia," a fake psychological disorder defined by the gun rights movement as "the morbid fear of guns."
This baseless attack found in the featured article of Daily Caller's "Guns and Gear" section is the latest salvo from a conservative media that have launched vicious attacks on survivors of gun violence who support reforms to current gun laws.
The Daily Caller article purported to examine "hoplophobia" as an actual psychological condition, asking, "Is America required to accept psychological acting out as a legitimate form of legislative discourse?" However this "disorder" is not recognized by the American Psychiatric Association and instead is a term coined by the late National Rifle Association board member and famed shooting instructor Jeff Cooper.
In the May 1 article, the authors singled out Sen. Dianne Feinstein (D-CA), Rep. Carolyn McCarthy (D-NY) and prominent gun violence prevention campaigner Sarah Brady as allegedly suffering from psychological problems due to their direct experience with gun violence. The article further claimed that the promotion of gun violence prevention is "perilous" to the public:
At least three of the most virulent anti-gun-rights crusaders in the nation suffered extreme gun trauma before entering the fray: Sen. Dianne Feinstein (discovered Harvey Milk's body), Rep. Carolyn McCarthy (husband shot dead on commuter train) and Sarah Brady (husband disabled in assassination attempt on President Reagan). Are there others? Have they received counseling for the gun trauma they experienced? And to what extent, if any, does hoplophobic displacement influence and skew what otherwise seems like politics as usual? The biggest question here would be: Is America required to accept psychological acting out as a legitimate form of legislative discourse?
The debate over the precise nature of the condition is likely to continue for a long period of time. This is normal in the psychiatric and mental-health field. The more pressing concern, it seems to us, is the scope of the condition, the numbers of people who may be afflicted, and the extent to which they sublimate their fear by pressing politicians to act in denying the rights of their fellow citizens. That, it seems to us, is intolerable -- the idea that a festering and untreated psychological condition may have more influence over the acts of Congress than does intelligent consideration of life-or-death issues.
In seeking to quell their own turmoil, those so afflicted project their own fears and rage onto others. This is a fairly normal method for handling overwhelming fear and anger, but in doing so, politically active hoplophobes infringe on the rights of healthy law-abiding citizens and the stability of our society. This makes hoplophobia not only unique among all phobias, it makes it perilous. [emphasis in original]