From the July 15 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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From the July 15 edition of Current TV's Talking Liberally with Stephanie Miller:
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Fox News promoted a conspiracy theory that the racist fringe group known as the New Black Panthers is the secret driving force behind legal action taken against George Zimmerman, the man who killed 17 year-old Trayvon Martin.
Conservative race-baiting activist J. Christian Adams, who gained conservative fame after Fox adopted his false smear that the Justice Department dropped charges against a black defendant accused of voter intimidation due to racial bias, appeared on Fox & Friends on July 15 to comment on Zimmerman's not guilty verdict.
Adams quickly demonstrated his New Black Panther fabulist tendencies. He baselessly claimed that the NAACP has "teamed up with" the New Black Panthers after the NAACP urged the Justice Department to pursue civil rights charges against Zimmerman. Adams then claimed that the New Black Panthers "were the spark behind" the investigation into Trayvon Martin's death after local police failed to arrest Zimmerman for weeks, adding that "the Justice Department responded to their demands." After Fox & Friends co-host Steve Doocy asked why it seems that "the Department of Justice is taking their marching orders from the New Black Panther Party," Adams recited a litany of cases in which the Justice Department intervened where minorities may have been adversely affected and claimed that they demonstrate "a radical racial agenda" from Attorney General Eric Holder. Adams concluded by asking if Holder "will listen to the New Black Panthers" when deciding whether to file civil rights charges against Zimmerman.
Despite Adams' paranoid conspiracy theories that found a home on Fox News, the New Black Panther Party is nothing but a small racist fringe group. The Anti-Defamation League calls the organization "the largest organized anti-Semitic and racist black militant group in America," but notes that the group's attempts to do large-scale action have fizzled. The Southern Poverty Law Center has similarly labeled the group "a virulently racist and anti-Semitic organization."
From the July 14 edition of Fox & Friends Sunday:
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From the July 10 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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Evening television news outlets have largely not reported on two important cases issued by the Supreme Court that rolled back workplace anti-discrimination law, despite the urgent call for congressional action issued by Justice Ruth Bader Ginsburg in her dual dissents.
Ginsburg, in addition to being one of the most accomplished justices in history due to her trailblazing civil rights work, has also been a crucial participant in the dialogue between the Court and Congress over the scope of anti-discrimination law. Most famously, it was Ginsburg who successfully called upon Congress to act after the notorious Ledbetter v. Goodyear Tire & Rubber Co. (2007) decision, when the conservative majority twisted the intent of Title VII's protections against employment discrimination to make it easier to illegally pay women less than their colleagues.
When the five conservative justices once again attacked Title VII at the end of the Court's latest term and similarly dismissed long-standing law to make it harder for workers to protect themselves from sex and race discrimination, Ginsburg reprised her liberal dissent and asked Congress to undo the conservative damage to this vital component of the Civil Rights Act.
But a Media Matters search of Nexis transcripts since these two opinions were issued reveals that not only have most network and cable evening news programs completely ignored Ginsburg's plea to Congress to take corrective action and "restore the robust protections against workplace harassment the Court weakens" - similar to what legislators did in passing the Lilly Ledbetter Fair Pay Act of 2009 - they are not reporting on the two new Title VII decisions at all. PBS' The NewsHour was the sole exception, with a solitary mention.
While this most recent term will rightly be remembered in part for the important step forward the Court took in according the LGBT community with equal civil rights under law, it will also go down in history as a term where protections for other groups were rolled back, most significantly in the gutting of the Voting Rights Act of 1965.
Indeed, the Court's rightward jerk under Chief Justice John Roberts was even more apparent in the continuation of closely divided pro-business decisions that undermine regulations and law that guard against corporate abuse. As reported by NBCNews.com, "[i]n one measure of the strong term for corporations, the Chamber of Commerce was on the winning side for 14 of the 17 cases in which it filed briefs, and a perfect 8-0 in closely divided cases."
Conservative Rep. Jim Sensenbrenner (R-WI), a senior member of the Judiciary Committee, was a frequent legal authority for Fox News until he announced that he was part of a bipartisan effort to reauthorize the key provision of the Voting Rights Act (VRA) that the Supreme Court recently struck down.
In the past two months, Fox News has repeatedly turned to the legal expertise of Sensenbrenner, former Republican chair of the House Judiciary Committee, on issues ranging from the investigation of national security leaks by the Department of Justice (DOJ) to the powers of the National Security Agency (NSA) under the Patriot Act.
Fox News host Sean Hannity, in particular, has expressed his admiration for Sensenbrenner's stature, hosting him on the June 17 edition of his show and informing the long-time congressman that "you're one of the guys that has always been on principle, which I admire and I know you have been there a while, fighting the good fight every day."
Indeed, Hannity appears to have specifically invited Sensenbrenner onto his show that day so the congressman could defend him from Media Matters' observation that the Fox News host was wildly hypocritical in his criticism of the NSA's current surveillance practices. Hannity subsequently praised Sensenbrenner's defense of the Fox News host and his legal explanation of the Patriot Act - legislation the congressman ushered through the House as Judiciary Committee chair - as "enlightening, edifying."
Sensenbrenner is also well-known for leading the effort to pass another overwhelmingly supported bipartisan bill signed into law by Bush: the 2006 reauthorization of the VRA, which the Supreme Court just infamously gutted in Shelby County v. Holder.
Because Congress accumulated extensive evidence to update and justify the VRA's selection of jurisdictions whose election changes remain subject to federal review due to their inability to stop suppressing the vote on the basis of race, Sensenbrenner has repeatedly defended Congress' reauthorization work. Sensenbrenner even filed an amicus brief for the Supreme Court in strong support of the VRA against the right-wing challenge in Shelby County, which the conservative bloc of the Supreme Court ignored.
Now, although Rep. Bob Goodlatte (R-VA), current chair of the Judiciary Committee and another Republican who voted to reauthorize the VRA in 2006, is conspicuously silent, Sensenbrenner is helping lead the bipartisan effort to once again pass the VRA provision that was struck down in Shelby County. As reported by The Hill:
A House Republican who led the last push to reauthorize the Voting Rights Act exhorted lawmakers Wednesday to join him in bringing the law back to life.
The day after the Supreme Court quashed the anti-discrimination statute, Rep. James Sensenbrenner Jr. (R-Wis.) urged lawmakers to cast aside their differences and restore the rejected provisions for the sake of voter protection.
"The Voting Rights Act is vital to America's commitment to never again permit racial prejudices in the electoral process," Sensenbrenner, the second-ranking Republican on the House Judiciary Committee, said Wednesday in a statement.
"This is going to take time, and will require members from both sides of the aisle to put partisan politics aside and ensure Americans' most sacred right is protected."
Right-wing media applauded the Supreme Court's decision to strike down the Voting Rights Act, which Congress overwhelmingly voted to reauthorize in 2006 then decried the Court's decision to strike down the Defense of Marriage Act.
In its June 25 decision in Shelby County v. Holder, the conservative bloc of the United States Supreme Court gutted the Voting Rights Act, which Congress has repeatedly reauthorized and which the Court has upheld several times.
Right-wing media applauded the ruling. The Wall Street Journal said the Court "marked a milestone worth celebrating when it ruled that a section of the 1965 Voting Rights Act has outlived its usefulness," and praised the ruling as "a triumph of racial progress and corrective politics."
Blithely ignoring the fact that in 2006, based on 12,000 pages of testimony, the House voted 390-33 and the Senate voted 98-0 to reauthorize the VRA, the WSJ agreed with the Shelby majority's conclusion that racial progress obviated the need for the Voting Rights Act. From the WSJ editorial:
The High Court previously described all of this progress in a 2009 case, but in the habit of this restrained Roberts Court stopped short of overturning Section 4 and invited Congress to revise its formula. Congress ignored that warning, and this time the Court followed through on its constitutional logic and ordered Congress to rewrite its preclearance formula to reflect current reality.
The Washington Times editorial board called the decision "a good day's work by the Supreme Court" and approved the Court's second-guessing Congress:
All states are equal before the Constitution, but Section 4 of the Voting Rights Act set out a formula for determining that some states are less equal than others, and should be treated as wards of the federal government -- and all changes in voting law, no matter how minor, be "preapproved" by the Justice Department's Civil Rights Division or the U.S. District Court for the District of Columbia. The wrong that this law was intended to prevent -- the preservation of Jim Crow laws designed to disenfranchise blacks -- no longer exists. "The tests and devices that blocked ballot access have been forbidden nationwide for over 40 years," Chief Justice Roberts observed.
Washington Times columnist Charles Hurt opined that the Voting Rights Act is an "abomination of justice" that required "everyone be discriminated against based on the color of their skin."
These outlets changed their tune when, on June 26, the Court ruled in United States v. Windsor that Section 3 of the Defense of Marriage Act (DOMA), which Congress enacted in 1996, unconstitutionally discriminated against legally-married same-sex couples.
The WSJ editorial board showed more deference to Congress's judgment on Section 3 of DOMA than it accorded the VRA, and said the Court used a "confusing combination of logic" for overturning DOMA:
Our view is that Doma was an understandable political response at the time to state court rulings on gay marriage, and adopting a uniform federal rule was a temporary solution as states experimented with new arrangements and a social consensus evolved. Congress was always free to revise Doma later.
But the majority overturned Doma with a confusing combination of logic that mixed principles of federalism with language about equal protection.
The Washington Times editorial decried the Court's rulings in Windsor and Hollingsworth v. Perry, which held that proponents of California's same-sex marriage ban had no standing to defend the law in federal court and as a result reinstated equal marriage rights in that state, claiming that the court "demolish[ed] the traditional understanding of marriage as the union of one man and one woman." From the editorial:
In the case United States v. Windsor, a Supreme Court majority decreed that homosexuals considered to be married in the 12 states and the District that recognize such rites are eligible to receive federal tax and other benefits, the Defense of Marriage Act, or DOMA, notwithstanding.
This newfound reverence for acts of Congress is particularly notable because DOMA flew through Congress in only four months after scant consideration in the House or Senate. In fact, Congress did not receive a report on the full the impact of Section 3 until after it was enacted. On September 5, 1996, less than three weeks before the bill was signed into law, former Rep. Henry Hyde (R-IL) asked the General Accounting Office (GAO, now called the General Accountability Office) to identify the federal provisions that DOMA would affect. In 1997, the GAO issued the report, and identified 1,049 such provisions.
Right-wing media are offering multiple false reassurances to those outraged at the Supreme Court's attack on voting rights in Shelby County v. Holder, while failing to report on the progress of one possible fix.
In the aftermath of Shelby County, which held that Congress' extensive 2006 findings of ongoing voter suppression did not justify the Voting Rights Act's formula for determining which jurisdictions with a history of racial discrimination must "preclear" their election changes, right-wing media are incorrectly claiming that this decision will not have an adverse effect on voting rights.
Repeating the lie that the preclearance requirement in Section 5 of the VRA - gutted when the Supreme Court invalidated the formula within Section 4 that determines which jurisdictions are subject to it - was insignificant, right wing-media continue to argue that only a "small part" of this historic civil rights law was struck down.
In their day-after analysis of Shelby County, the editors of the National Review Online proclaimed the preclearance process to be "worthless," adding "[t]he decision brings an end to the automatic and perpetual punishment of states that are guilty of crimes in decades past. It does nothing else."
On the June 26 edition of America Live, Fox News host Megyn Kelly dismissed the idea that "racism was given the stamp of approval officially by the Supreme Court yesterday." Her guest, NRO contributing editor Andrew McCarthy, repeated the right-wing myth that voter suppression that engages in systematic racial discrimination "has long ago passed to the dustbin of history" and progressives who cannot recognize its demise are demagogues and "race hucksters." From America Live:
From the June 26 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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Right-wing media marked the Supreme Court's devastating Shelby County v. Holder decision by ignoring, trivializing, and downright misrepresenting its dire consequences for one of the most effective civil rights laws of all time, as well as for millions of American voters.
Tossing aside history, legal precedent, and congressional intent, the conservative bloc of the Supreme Court gutted the Voting Rights Act (VRA) of 1965 in Shelby County, a sharply split 5-4 opinion by Chief Justice John Roberts. In a twisted reading of this crown jewel of civil rights law, the conservative majority invalidated the provision within the VRA that prevents states and local jurisdictions from enacting racially discriminatory election practices, reasoning that this vital protection against voter suppression is instead an impermissible restriction on the highly dubious "equal sovereignty" of southern states.
Rather than acknowledge the documented voter suppression that the VRA has effectively and consistently kept at bay from the voting rights struggles of the civil rights era through the 2012 elections, right-wing media are echoing the Supreme Court's blow to the VRA, misrepresenting Shelby County as something other than an attack on the American right to vote.
Fox News host Jon Scott, in a Happening Now segment leading off Fox's coverage of the decision, chose to trivialize and confuse the radical decision as "the president took another shot you might say, a bit of a smackdown" by the Supreme Court. The consequences stretch much further than that.
Contrary to this horserace description, the VRA has never been a political manifestation of the executive. The VRA is rather Congress' chosen bipartisan method to effectuate the right to vote in the Fifteenth Amendment of the U.S. Constitution, repeatedly updated and reauthorized because of incessant and ongoing voter suppression, and upheld as constitutional four separate times by the Supreme Court.
Nevertheless, later in the day, Fox News senior legal analyst Andrew Napolitano continued in the vein of his colleague by astonishingly asserting "nobody is seriously claiming today...that there is systematic efforts on the part of the government in the south to keep people of color from voting."
Instead, right-wing media figures like Rush Limbaugh chose to tout the decision as a victory against people who allegedly discriminate against whites, such as the "civil rights community" that wants "perpetual discrimination."
From the June 25 edition of Premiere Radio Networks' The Rush Limbaugh Show:
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Right-wing media appear stunned as Justice Anthony Kennedy refused to join his more radical conservative colleagues on the Supreme Court and strike down affirmative action in higher education, instead reaffirming modern civil rights law that holds race-conscious admissions policies remain necessary for equal opportunity in today's society.
Kennedy's 7-1 majority opinion in Fisher v. University of Texas at Austin is essentially the reiteration of his controlling analysis in Parents Involved v. Seattle School District No. 1 (2007), which affirmed the constitutionality and continued necessity of race-conscious programs that seek to prevent the resegregation of public education.
In lockstep with conservative activists who are using the closely split Supreme Court as an opportunity to overturn decades of civil rights law, right-wing media have been repeatedly clamoring for the opposite of what just occurred in Fisher. So far, right-wing media coverage has been muted or is incorrectly pretending Kennedy's opinion breaks significant new ground.
Fox News host Megyn Kelly on America Live - in addition to dredging up the myth that the plaintiff in question was rejected in the admissions process because of her race - was shocked at Fisher's utterly unsurprising reminder that government's use of race typically requires strict scrutiny from the courts. From University of California Irvine School of Law Dean Erwin Chemerinsky's leading treatise, Constitutional Law, Principles and Policies, most recently updated in 2006:
It now is clearly established that strict scrutiny is used to evaluate all government affirmative action plans. In Adarand Constructors, Inc. v. Pena (1995), the Supreme Court said: "[A]ll racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny." The Court reaffirmed that strict scrutiny is the test for affirmative action programs in its most recent cases, Grutter v. Bollinger (2003) and Gratz v. Bollinger (2003).
In Fisher, Kennedy wrote for a near-universal Supreme Court that has now sent a challenge to the University of Texas' affirmative action program back down to the U.S. Court of Appeals for the Fifth Circuit because it had not correctly applied the Court's precedent in this area of equal protection law. As has been the law since 1978, upheld most recently in 2003, the use of race as one factor among many in individualized and holistic considerations of applicants to institutions of higher education remains both necessary and constitutional to ensure the diversity of America's future leaders.
Fox News is pushing the dubious myth that Abigail Fisher was denied admittance to the University of Texas at Austin because of her race, a claim contradicted by reporting on her recently decided affirmative action case, Fisher v. University of Texas at Austin.
From the June 24 edition of Fox News' America Live:
Race probably had nothing to do with the University of Texas's decision to deny admission to Abigail Fisher.
In 2008, the year Fisher sent in her application, competition to get into the crown jewel of the Texas university system was stiff. Students entering through the university's Top 10 program -- a mechanism that granted automatic admission to any teen who graduated in the upper 10 percent of his or her high school class -- claimed 92 percent of the in-state spots.
Fisher said in news reports that she hoped for the day universities selected students "solely based on their merit and if they work hard for it." But Fisher failed to graduate in the top 10 percent of her class, meaning she had to compete for the limited number of spaces up for grabs.
She and other applicants who did not make the cut were evaluated based on two scores. One allotted points for grades and test scores. The other, called a personal achievement index, awarded points for two required essays, leadership, activities, service and "special circumstances." Those included socioeconomic status of the student or the student's school, coming from a home with a single parent or one where English wasn't spoken. And race.
Those two scores, combined, determine admission.
Even among those students, Fisher did not particularly stand out. Court records show her grade point average (3.59) and SAT scores (1180 out of 1600) were good but not great for the highly selective flagship university. The school's rejection rate that year for the remaining 841 openings was higher than the turn-down rate for students trying to get into Harvard.
As a result, university officials claim in court filings that even if Fisher received points for her race and every other personal achievement factor, the letter she received in the mail still would have said no.
In less than one week, the Supreme Court has issued four decisions immunizing corporate defendants from liability for their wrongdoings and closing the courthouse door to individuals seeking redress. The Court handed victories to the pro-corporate U.S. Chamber of Commerce, which has an unprecedented success rate before the Roberts Court and which filed amicus briefs in all of the cases.
As The Wall Street Journal reported before the Court issued three pro-corporate decisions on June 24:
While business litigants often found themselves on the winning side of cases under the tenure of former Chief Justice William Rehnquist, they have made advances since Chief Justice John Roberts took the helm in 2005.
On June 20, the Court ruled in American Express v. Italian Colors Restaurant that class action waiver provisions would be enforced even if doing so would make it impossible for small businesses to protect their rights under federal law. In spite of the fact that the decision could have a serious impact on individuals' ability to hold corporations accountable for wrongdoing, media coverage was scant.
On June 24, the Supreme Court handed down three more decisions that roll back individual rights to redress for corporate wrongdoing.
In an opinion by Justice Samuel Alito in Vance v. Ball State University the Court gave made it more difficult for an employee to hold an employer liable for workplace harassment under Title VII of the Civil Rights Act of 1964. As Justice Alito explained:
Under Title VII, an employer's liability for such harassment may depend on the status of the harasser. If the harassing employee is the victim's co-worker, the employer is liable only if it was negligent in controlling working conditions. In cases in which the harasser is a "super- visor," however, different rules apply.
The majority opinion in Vance defined "supervisor" narrowly, leaving Vance, an African-American woman who sued her employer for creating a racially hostile work environment, without redress.
In her dissent, Justice Ginsburg wrote:
Exhibiting remarkable resistance to the thrust of our prior decisions, workplace realities, and the EEOC's Guidance, the Court embraces a position that relieves scores of employers of responsibility for the behavior of the supervisors they employ.
The Court struck another blow to enforcing civil rights laws with its decision in University of Texas Southwestern Medical Center v. Nassar. In an opinion by Justice Anthony Kennedy, the Court limited employees' ability to prevail in cases alleging retaliation under Title VII.
In her dissenting opinion in Nassar, Justice Ruth Bader Ginsburg drew attention to the Court's results-oriented decision-making in favor of employers:
In this endeavor, the Court is guided neither by precedent, nor by the aimsof legislators who formulated and amended Title VII. In-deed, the Court appears driven by a zeal to reduce the number of retaliation claims filed against employers.
Justice Ginsburg also delivered a statement about Vance and Nassar from the bench:
Both decisions dilute the strength of Title VII in ways Congress could not have intended. . . . Today, the ball again lies in Congress' court to correct this Court's wayward interpretations of Title VII.
Finally, the Court ruled against a woman who was severely injured by a generic drug and sued the manufacturer. In Mutual Pharmaceutical Co. v. Bartlett, the Court ruled that federal law related to pharmaceuticals preempts a plaintiff's right to sue the drug company under state law. The plaintiff, Karen Bartlett, had suffered severe injuries after she took a generic pain drug.
As Sen. Elizabeth Warren (D-MA) noted one week before the Court handed down its decision in Am Ex:
Data on the Supreme Court in recent years shows a heavy pro-corporate tilt.
Follow this pro-business trend to its logical conclusion, and sooner or later you'll end up with a Supreme Court that functions as a wholly owned subsidiary of the Chamber of Commerce.
These decisions continue the Roberts Court's track record of pro-corporate decisions. The question is, will the media cover this trend or allow the decisions to go unnoticed?