On October 15, the Supreme Court will hear oral arguments in Schuette v. Coalition to Defend Affirmative Action, a case that challenges a 2006 ballot initiative in Michigan that amended the state's constitution to prevent state universities from using race or sex as one of many equal factors in admissions. Although proponents of what was formerly known as Proposal 2 say this resulting affirmative action ban is consistent with the law, it appears to be specifically prohibited by the "political restructuring" doctrine of the Supreme Court.
Fox News and right-wing blogs falsely claimed that the federal government turned off Amber Alert, the child abduction broadcast service, because of the government shutdown. In fact, there have been several Amber Alerts since the shutdown began October 1 -- only a Justice Department website listing them has been shut down, along with the websites of many other federal agencies due to a lack of funding.
Before Republicans caused a government shutdown beginning October 1 by refusing to fund the government unless Democrats accepted unrealistic demands, media reports explained that numerous federal government websites would go offline or would not be constantly updated as a result.
A week later, right-wing media are highlighting the unavailability of the Justice Department's AmberAlert.gov website to falsely claim that the government "shut off" the Amber Alert program. On October 7, Fox & Friends co-host Steve Doocy said "if somebody goes missing, and an Amber Alert should be issued, it won't be" due to the website not being available. Fox Nation's headline read: "Amber Alerts Cancelled: WH First Targets Veterans, Now Targeting Children, in Shutdown." A Breitbart.com blog post claimed in a headline, "Amber Alerts Shut Off." And the Washington Examiner claimed that "somebody, somewhere in the Obama White House or the Obama Justice Department decided to shut down the Amber Alerts."
Contrary to the right-wing media's claims, Amber Alerts have continued to be issued since the shutdown began. On October 5, an Amber Alert in Miami, Florida for a missing two-year-old was made and then canceled. An Amber Alert was issued in Galveston County in Texas on October 5 for four children, but was later canceled when the children were found safe in Tennessee.
The government shutdown and the suspension of Justice Department websites did not stop Amber Alerts. As California Highway Patrol officials explained to a NBC affiliate reporting on the shutdown of the Amber Alert webpage, local law enforcement agencies will still alert local media outlets about an Amber Alert.
UPDATE: The Justice Department's Amber Alert website AmberAlert.gov has been restored. A link on the website to view active Amber Alerts shows that this website does not post any active Amber Alerts. A Justice Department spokesman explained on Twitter that "[a]t no point has AmberAlert system been interrupted during shutdown":
Conservative media are citing an article in the Journal of American Physicians and Surgeons (JPandS) to attack legitimate research on the causes of gun violence. While its title suggests that it is a serious research publication, the journal is published by a conspiracy-minded right-wing organization and has printed articles questioning the link between HIV and AIDS and theorizing that undocumented immigrants are spreading leprosy in the United States.
JPandS is published by conservative non-profit Association of American Physicians and Surgeons (AAPS), an anti-healthcare reform advocacy group that opposes almost all government involvement in healthcare. The National Library of Medicine, which bills itself as "[t]he world's largest biomedical library," has twice declined to index JPandS in its database of medical reports.
Still, an article by AAPS Executive Director Dr. Jane M. Orient has been cited by conservative media to attack calls for more research into the causes and prevention of gun violence by the Obama administration and the medical and scientific communities. AAPS aided the gun lobby in its successful endeavor to block the Centers for Disease Control from studying gun violence during the 1990s.
In a September 23 op-ed for The Daily Caller, National Shooting Sports Foundation Senior Vice President and General Counsel Larry Keane cited Orient's article to attack the scientifically supported claim that "fewer guns equals less violence":
One of the anti-gun lobby's leading arguments is that fewer guns equals less violence. This seems like a logical argument, and is often passed on as fact. But, as with most of the arguments the anti-gun left recycles over and over, the facts simply do not back it up.
In the fall issue of the Journal of American Physicians and Surgeons , Jane M. Orient, M.D. argues there is no evidence-based support for more gun control measures. Rather, the statistics gun-control proponents cite are cherry-picked from larger data sets that show no correlation between more gun laws and less violence.
Orient's article was also approvingly cited by Breitbart.com's AWR Hawkins and promoted by Guns.com. During a September 4 appearance on the National Rifle Association's media arm, NRA News, Orient attacked "organized medicine" for calling for gun violence research and stated that "the best evidence we have" on gun violence "was collected by John Lott." Lott, whose research on gun violence was cited in Orient's JPandS article, has been widely discredited.
A recent incident in which 7,500 songbirds died after flying over a liquefied natural gas (LNG) plant has been ignored by the same conservative media outlets that often exaggerate the danger posed to birds by wind turbines, including hyping an incident in which a single bird was killed in Scotland.
The birds killed by the LNG facility, which may have included some endangered species, were headed south for the winter when a routine "flare" release at the Canaport LNG facility in Canada, used to burn off excess natural gas, drew them in. Though company officials apologized for the episode and said they are modifying equipment to reduce flaring, one manager at the plant admitted "At the moment there's not a whole lot I can do to resolve it in the short term." The dead reportedly included "a large number of red-eyed vireos" (see photo above).
Three months prior, another migrating bird, the white-throated needletail, died after flying into a wind turbine off Scotland. The needletail is not endangered or threatened, but it is sighted only rarely in the United Kingdom.
Can you guess how conservative media covered these two cases?
Searches of Nexis, Google and an internal video database indicate that the thousands of birds that died after flying into a Canadian gas flare have not been mentioned by any U.S. conservative outlet to date (or any major U.S. outlet other than the environmental sites Treehugger and National Geographic).
Conversely, the single bird that flew into a wind turbine became a big story in the conservative media bubble. Right-wing outlets used the episode to smear green energy, sometimes betraying sheer glee, as when National Review Online blogger Greg Pollowitz wrote "Your [sic] laughing as you read this, aren't you?" or Rush Limbaugh remarked "[a] bunch of environmentalist whackos watched a precious windmill kill a rare bird."
Conservative media's fixation on a single bird death -- albeit regrettable -- while completely ignoring thousands more seems to let slip that feigning an interest in conservation is simply a convenient way for these outlets to attack wind power, which they have depicted as an agent of "mass slaughter " or an "open-ended aviary holocaust," while overlooking far more elementary, existential threats to wildlife, including climate change. Lest we forget, conservative media figures have regularly mocked those who are concerned about the impact that humans are having on animals -- one Fox News contributor declared "lots of species may be about to leave the planet, and I don't care" -- and attacked conservation efforts for endangered species from lizards to polar bears.
Right-wing anti-gay advocate Austin Ruse is becoming the face of Breitbart.com's LGBT coverage, using his perch at the website to smear slain Wyoming student Matthew Shepard and tout Russia's horrific anti-gay legislation.
Ruse, president of the Catholic Family and Human Rights Institute (C-FAM), has a lengthy history of rabid anti-LGBT bigotry. As GLAAD notes, Ruse believes all countries should pass laws stigmatizing homosexuality in order to "help society to teach what is good." Ruse asserts that affirming that LGBT people exist and should have rights amounts to sexual "indoctrination." Further, Ruse claims that LGBT teen suicides are caused not by bullying and social stigma, but by the LGBT movement's "ideology" and gay sex itself.
Breitbart.com can apparently think of no better figure to comment on LGBT issues. Ruse's first piece for the website made the transparently ridiculous claim that "human rights groups" supported Russia's laws banning the dissemination of "gay propaganda" and the adoption of Russian children by couples from LGBT-friendly countries. Ruse previously defended the Kremlin's anti-LGBT crackdown at The Daily Caller, where he lauded Russia's effort to "resist ... the political movement to regularize and even celebrate" homosexuality.
Ruse's latest hobbyhorse is Matthew Shepard trutherism, which he has pushed in two Breitbart pieces in as many weeks. Right-wing media outlets have seized on the publication of a new book claiming that the gay Wyoming college student's 1998 murder was the result of a drug deal gone awry, not anti-gay bias. Describing Shepard as a "winsome young homosexual," "achingly handsome," "slight of frame," and "delicately chiseled," Ruse has blasted "Matthew Shepard Inc." for promoting the "lie" that homophobia contributed to his murder.
In a September 14 column for Breitbart, Ruse denounced the "gay hagiography" that fed the "Mathew [sic] Shepard industry":
Fox News and other conservative media outlets have amplified Rep. Darrell Issa's (R-CA) misleading claim that Democrats "excuse[d] themselves" from testimony given by the families of the victims of the Benghazi attack. In fact, over the course of the hearing, members of both parties were in and out of the proceedings.
Rep. Issa posted a tweet claiming that Democratic members of the House Oversight Committee left the hearing room as Patricia Smith and Charles Woods testified about their sons, Sean Smith and Charles Woods, who were killed in Benghazi.
Right-wing media have pounced on a forthcoming book claiming that gay Wyoming student Matthew Shepard's brutal 1998 murder was motivated by drug use, not homophobia. While these media figures shroud their interest in a desire to get at the facts, their vitriolic attacks on Shepard and the movement for whom his death became a rallying cry reveal that there's more to Matthew Shepard trutherism than a concern for the truth.
In The Book of Matt: Hidden Truths about the Murder of Matthew Shepard, journalist Stephen Jimenez revives his decade-old theory that Aaron McKinney and Russell Henderson killed Shepard in a meth-fueled rage. Shepard's death sparked a national discussion on anti-LGBT violence, but Jimenez makes the bombshell claim that Shepard and McKinney had actually had sex and done meth together. McKinney has denied this assertion.
Jimenez's theory is also difficult to square with the fact that McKinney cited Shepard's sexuality as a factor in the murder, attempting to employ a "gay panic" defense at trial.
Inexplicably, media coverage of The Book of Matt has ignored Jimenez's history of shoddy reporting on the case. In November 2004, Jimenez co-produced a special on Shepard's murder for ABC News' 20/20. The widely panned report downplayed the role of anti-gay bias in Shepard's murder, suggesting that meth was the primary factor. After the special aired, Gay City News unearthed an email Jimenez wrote two months before 20/20 even began its reporting, in which he proclaimed that the report would upend the conventional interpretation of Shepard's death.
Right-wing media have seized on a report noting that American children in Los Angeles County with undocumented parents are receiving millions in benefits to revive the spurious smear that undocumented immigrants come to this country only to receive welfare. However, these outlets are missing the facts surrounding the data, including that studies show immigration reform could raise these children's standard of living.
In a September 16 article, the local CBS affiliate in Los Angeles reported that according to a new analysis by county officials, an "estimated 100,000 children of 60,000 undocumented parents receive aid in Los Angeles County." The article added that the projected cost to the county would equal $650 million in 2013.
County supervisor Michael D. Antonovich was quoted as saying that the total cost to taxpayers could exceed $1.6 billion per year after factoring in health care and public safety costs, adding, "These costs do not even include the hundreds of millions of dollars spent annually for education."
Right-wing media outlets, including the Daily Caller, The Blaze, and Breitbart.com, highlighted the report, with the Power Line blog using it to accuse undocumented immigrants of putting a "burden" on "the nation's welfare system, along with driving down wages for working Americans." American Thinker commented: "To open borders crowd: Please make your donations here to cover the cost of allowing destitute, jobless, skilless, poorly educated people to cross the border. We can't bill the Mexican government so you're the next best target."
Fox News contributor Laura Ingraham read the news on her radio show and used it to call for the end of birthright citizenship -- which, under the 14th Amendment, makes anyone born in this country an American citizen. She also argued that the news should end all talk of immigration reform.
But these reports leave out key facts. In 2012, according to Antonovich's office, the total cost of food stamp benefits and Cal WORKs -- a welfare program that gives cash aid and services to eligible needy California families -- to Los Angeles County was a little over $3 billion. Families headed by an undocumented parent received about $636.5 million or a little more than 20 percent of the total.
NRA News host Cam Edwards issued a correction the day after after Breitbart.com's A.W.R. Hawkins claimed on his show that the mass shooting at Washington Navy Yard "happened because Bill Clinton mandated that" military bases "be gun-free zones." In truth, the policy cited by Hawkins to support this claim allows guns to be carried on military bases under a substantial number of circumstances and was actually enacted during the George H.W. Bush administration.
The myth that a Clinton-era policy was responsible for the shooting, which claimed the lives of 12 victims, was the centerpiece of right-wing media's failed attempt to establish that the Navy Yard shooting took place in a "gun-free zone."
Edwards issued a correction during his September 18 broadcast, citing a Media Matters blog that addressed Hawkins' claim, during a segment with Washington Times senior opinion editor Emily Miller. After Edwards acknowledged that the policy was enacted under George H.W. Bush, Miller said, "Then I've written that wrong too," and she added, "Are you sure that's correct before I change it too? ... Because I don't believe anything Media Matters says."
Hawkins' claim in a Breitbart.com article about the supposed Clinton-era policy originated from a 2009 Washington Times editorial that falsely stated, "Among President Clinton's first acts upon taking office in 1993 was to disarm U.S. soldiers on military bases." Miller promoted that editorial on September 17 on Twitter.
After Edwards issued the correction, Miller attempted to downplay the importance of whether Clinton disarmed members of the military, suggesting that Hawkins' claim was inconsequential to the "public's knowledge of the issues." In reality, Miller was just one of many right-wing media figures who seized on Hawkins' false claims to politicize the mass shooting in its immediate aftermath.
Right-wing media outlets are already celebrating a forthcoming book that claims that brutal 1998 murder of gay Wyoming student Matthew Shepard - which became a rallying cry for LGBT activists - was actually fueled more by drug use than anti-gay bias.
In The Book of Matt: Hidden Truths about the Murder of Matthew Shepard, journalist Stephen Jimenez argues that Aaron McKinney and Russell Henderson bludgeoned Shepard in a meth-fueled rage. Jimenez minimizes the role of anti-gay bias in the murder, writing that Shepard and McKinney had previously had sex and done meth together (an assertion that McKinney himself denies).
Although his report of a sexual history between Shepard and McKinney is new, Jimenez's central thesis - that drugs were the motivating factor in Shepard's murder - has been called into question before.
In November 2004, Jimenez co-produced a piece on the Shepard murder for ABC News' 20/20. GLAAD highlighted key shortcomings in 20/20's report, including the lack of hard evidence that drugs were a factor and its failure to point out that McKinney himself had cited ant-gay bias as a central element in the case, even attempting to employ a "gay panic" defense at trial. Shepard's mother also condemned the report, criticizing its selective reading of evidence and accusing ABC of taking her comments out of context.
The 20/20 report neglected to mention another crucial detail: that Jimenez was a friend of Tim Newcomb, Henderson's defense attorney.
Most disturbingly, email correspondence revealed that the Jimenez had already decided that Shepard's murder wasn't an anti-gay hate crime before 20/20 even started its reporting. As Gay City News reported in December 2004:
Breitbart.com used an image of a character from the cartoon show South Park to mock "transgenders."
The right-wing website has proven a welcome forum for rabidly anti-LGBT views. In August, Editor-At-Large Ben Shapiro called the enforcement of non-discrimination laws "state-sponsored tyranny." Despite its apparent fears of tyranny in the U.S., Breitbart recently published a column by a right-wing activist defending Russia's brutal crackdown on gays as a victory for "human rights."
Meanwhile, its use of the South Park cartoon shows that Breitbart is just as clueless as other right-wing media outlets about what transgender people are actually like.
Conservatives are still turning to British tabloids for their climate science, most recently treating a single year's Arctic sea ice -- which is still far below previous and long-term averages -- to claim that the region is not melting.
The latest instance of tabloid-reviewed science began when the The Mail on Sunday -- a sister newspaper to serial climate misinformer the Daily Mail* -- published an article titled "And now it's global COOLING!" suggesting that an increase in Arctic sea ice cover between September 2012 and August 2013 is among "mounting evidence that Arctic ice levels are cyclical." The story was summarily picked up by other British tabloids and a variety of conservative outlets, all to cast doubt on climate change. Notably, Rush Limbaugh used the report to claim "the Arctic ice sheet is at a record size for this time of year. They told us the ice was melting in the Arctic Ice Sheet. It's not."
Actually, Arctic sea ice is nowhere near "a record size." A graph from the National Snow & Ice Data Center (NSIDC) illustrates that 2013 Arctic sea ice extent minimum (beige line), while not as low as last year's record (dotted line), is still tracking well below the 1979-2000 average (as have the minimum extents of every year since 1997). It is on track to be the sixth-lowest in satellite annals:
As 2012 was a record low, it is not terribly surprising that 2013 looks like it will be higher. This is due to a phenomenon known as regression to the mean, eloquently illustrated by this Skeptical Science graphic:
Breitbart.com became the latest right-wing media outlet to throw its weight behind the Kremlin's crackdown on LGBT Russians, touting the "more than 100 human rights and other groups from around the world" that signed a joint statement backing Russia's anti-gay laws.
In a September 6 post for Breitbart's "Big Peace" section, Catholic Family and Human Rights Institute (C-FAM) President Austin Ruse asserted that Russian laws banning the dissemination of "gay propaganda" and prohibiting adoptions by Russian same-sex couples and foreign couples from countries with marriage equality are part of a noble quest for "human rights." Ruse based this notion on the claim that continuing to ostracize LGBT people "protects the innocence of children and the basic rights of their parents":
This week more than 100 human rights and other groups from around the world signed a joint statement supporting the new Russian law banning gay propaganda aimed at school children.
The signers are "highly concerned about the heavy attacks that the Russian Federation is facing due to its recent Federal Law...that protects innocence and moral formation of children..."
The signers cite the Universal Declaration of Human Rights that the family is the fundamental unit of society and "is entitled to protection by society and State."
They assert the new Russian law "protects the innocence of children and the basic rights of their parents recognized in international legislation and treaties." They also note that the concepts of "sexual orientation and gender identity" are not outlined in the existing binding international treaties and agreements.
As the anniversary of the attack on U.S. facilities in Benghazi, Libya approaches, the conservative media seems to be salivating over the release of Under Fire, the new book by former diplomatic security agent Fred Burton and journalist Samuel M. Katz that details the assault, minute-by-minute. It's the latest salvo in conservatives' year-long campaign to politicize and demagogue the tragedy. But conservatives may want to read the book first. The authors discredit the narratives conservative media figures have perpetuated about the attack in order to criticize the Obama administration, most notably the claims that there could have been a larger and faster military response or that resources were intentionally withheld from those under fire in Libya.
The lack of a timely military response was never an issue of lack of resolve or determination to help Americans in danger, Burton and Katz write. It all came down to logistics:
There was never a question concerning U.S. resolve or the overall capabilities of the U.S. military to respond to Benghazi. There was, however, nothing immediate about an immediate response. There were logistics and host-nation approvals to consider. An immediate response was hampered by the equation of geography and logistics.
The authors go into great detail describing the various factors that prevented additional military response teams from arriving in Benghazi in time, and in the process completely dismantle the notion that available military assets could have made a difference but were held back for political reasons.
On page 138, Burton and Katz discuss the availability and response time of the Marine Corps' Fleet Antiterrorism Security Team (FAST), which was ordered by the Pentagon to get to Libya "as fast as you can":
"The FAST unit closer to Benghazi was FAST Company Europe, which reported to the Marine Corps Security Force Regiment, II Marine Expeditionary Force. Based at the Naval Station Rota, Spain, FAST Company Europe was no stranger to crisis and response work in the Mediterranean. Secretary of Defense Leon Panetta ordered that appropriate forces respond. A task order flowed from the Pentagon to NAVSTA Rota, Spain: "Lean forward and get there as fast as you can." The marines mustered into their transport aircraft on the tarmac in their combat fatigues and full battle kit. However, logistical challenges such as airspace and overflight clearances are not easily sorted out, especially involving a nation like Libya. Sending armed U.S. Marines into a sovereign nation became a complex foreign policy decision with multiple moving pieces between Libyan Foreign Ministry, the Pentagon, and the State Department. The marines waited on the tarmac for their orders. The FAST platoon wouldn't make it to Libya, to augment security at the embassy in Tripoli, until the next evening.
Right-wing media are subverting Health and Human Services Secretary Kathleen Sebelius' message that immigrants should have access to affordable health care, claiming her purpose is to inflate "Obamacare enrollment." But in doing so, they ignore the real human and economic costs to denying immigrants affordable health insurance.
At an event sponsored by a Latino community service group, Sebelius explained that undocumented immigrants who would be newly legalized under the Senate immigration reform bill would not be able to apply for subsidies to purchase health insurance, or have access to the health care exchanges and the expanded Medicaid program under the Affordable Care Act. She went on to say that this "is, frankly, why -- another very keen reason why we need comprehensive immigration reform." Sebelius added:
SEBELIUS: We won't fix the immigration system, unfortunately, through the health care bill, but I think having the immigration bill that passed the Senate, pass the House, would be a huge step. In the meantime, I would say for those undocumented residents, we have continued access to the community health centers and an expanded footprint in the community health centers.
A number of right-wing sites, including CNSNews, Breitbart.com, and HotAir, highlighted Sebelius' comments using headlines like, "Sebelius: Pass Immigration Bill to Boost Obamacare Enrollment," but ignored the core of her message.
According to an October 2012 report by the Kaiser Family Foundation, nearly 48 million people under 65 were uninsured in 2011. In a 2011 study, the Urban Institute estimated that about 14.6 percent, or almost 7 million, of the uninsured are undocumented immigrants. The study warned that without policy actions, the share of that population would grow and impose extra costs on state governments and hospitals:
If the reform law leads any of these [small] firms [that employ undocumented immigrants] to drop the coverage they offer, or if the exchange does a superior job of screening based on immigration status, undocumented immigrants could see further deterioration in their already low rates of private coverage.
The exclusions in the Affordable Care Act may also serve as a barrier to members of undocumented immigrants' families who might otherwise be eligible for one of the coverage options. For example, incentives to avoid enrolling native-born children with undocumented immigrant parents in Medicaid or the Children's Health Insurance Program may also reduce coverage in the exchanges for families containing one or more undocumented immigrants.
As health reform unfolds, and undocumented immigrants emerge as an even larger share of the uninsured population, it is likely that they will become a more prominent component of safety-net health care providers' client base. This could mean that such providers will feel financial stress, especially in light of the Affordable Care Act's cuts to Medicaid and Medicare disproportionate-share hospital payments.