From the December 5 edition of Fox News' America's Newsroom:
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The New York Times reported on a dangerous legal challenge to the Affordable Care Act (ACA) brought by officials in states who refuse to implement their own healthcare exchanges, which has been widely trumpeted in right-wing media. But these lawsuits are based on a far-fetched theory that the law only authorized essential tax credits in state exchanges, not federal ones, a counterintuitive claim that has been widely discredited.
New York Times columnist Joe Nocera called recent asbestos litigation a "scam" and complained that "tens of thousands" of asbestos cases are "bogus" and "phony," despite no evidence of widespread fraudulent asbestos claims.
Nocera dedicated his most recent column to attacking victims of asbestos exposure and their attorneys. Not only does Nocera significantly overstate the problem of fraudulent asbestos claims, he accused asbestos litigants of falsely attributing lung cancers to asbestos exposure to obtain damage awards.
From Nocera's December 2 column:
It's hard these days for smokers to sue tobacco companies because everyone knows the dangers of cigarettes. Instead, [Rep. Carolyn] McCarthy has become part of a growing trend: lung cancer victims who are suing companies that once used asbestos.
With asbestos litigation well into its fourth decade -- the longest-running mass tort in American history -- you'd think the plaintiffs' bar would have run out of asbestos companies to sue. After all, asbestos lawsuits have bankrupted more than 100 companies. Yet McCarthy has found more than 70 additional companies to sue, including General Electric and Pfizer. Asbestos litigation, says Lester Brickman, a professor at Yeshiva University and perhaps the most vocal critic of asbestos lawsuits, "is a constant search for viable defendants." Because asbestos was once such a ubiquitous product, there is always somebody else to sue.
Let me stipulate right here that exposure to asbestos can be deadly. The worst illness it causes is mesothelioma, a rare form of cancer that essentially suffocates its victims to death. If it were only the real victims of asbestos-related diseases who sued, there would be no issue. That's how the tort system is supposed to work.
But, over the years, plaintiffs' lawyers have brought tens of thousands of bogus cases. They took doctors on their payroll to industrial sites, where all the employees would be screened for signs of an asbestos-related disease. They found some real cases, of course -- along with many that could never have stood up in court. Nonetheless, by bundling real cases with phony ones -- and filing giant lawsuits -- they took down one company after another.
Nocera is disturbed by the fact that McCarthy, a smoker, has opted to sue asbestos manufacturers instead of tobacco companies. But regardless of the individual merits of McCarthy's suit (which hasn't been decided yet), it is wholly irresponsible for Nocera to use it as evidence of "tens of thousands" of other bogus claims -- especially since there's no concrete evidence of widespread asbestos litigation fraud. When Congress asked the United States Government Accountability Office to audit these trusts (set up at the asbestos companies' initiative), the GAO reported that audits had not "identified cases of fraud."
National Review Online Senior Editor Ramesh Ponnuru dedicated his Bloomberg View column to misleading about two unprecedented Supreme Court cases that could make it easier for for-profit, secular corporations to refuse to provide insurance coverage to its employees that includes comprehensive preventive care.
On November 26, the Supreme Court agreed to hear arguments in Sebelius v. Hobby Lobby and Conestoga Wood Specialties v. Sebelius, two cases that would allow some corporations to obtain exemptions from the contraception mandate in the Affordable Care Act (ACA). The ACA already provides exemptions and accommodations for non-profit, religiously-affiliated organizations like churches and hospitals -- but the plaintiffs in Hobby Lobby and Conestoga are for-profit businesses that sell crafts and wood cabinets, respectively.
But that didn't stop NRO's Ponnuru from complaining that the contraception mandate runs afoul of the Religious Freedom Restoration Act (RFRA) because it imposes a "substantial burden" on Hobby Lobby and Conestoga. Ponnuru insisted that corporations are well within their rights to refuse to pay for coverage of preventive care such as contraception for their employees, but didn't seem to mind that allowing corporations to dictate the personal health choices of its employees could very well infringe on those employees' religious beliefs.
From Ponnuru's December 1 editorial:
From reading the New York Times, you might think that religious conservatives had started a culture war over whether company health-insurance plans should cover contraception. What's at issue in two cases the Supreme Court has just agreed to hear, the Times editorializes, is "the assertion by private businesses and their owners of an unprecedented right to impose the owners' religious views on workers who do not share them."
That way of looking at the issue will be persuasive if your memory does not extend back two years. Up until 2012, no federal law or regulation required employers to cover contraception (or drugs that may cause abortion, which one of the cases involves). If 2011 was marked by a widespread crisis of employers' imposing their views on contraception on employees, nobody talked about it.
What's actually new here is the Obama administration's 2012 regulation requiring almost all employers to cover contraception, sterilization and drugs that may cause abortion. It issued that regulation under authority given in the Obamacare legislation.
The regulation runs afoul of the Religious Freedom Restoration Act, a Clinton-era law. That act says that the government may impose a substantial burden on the exercise of religious belief only if it's the least restrictive way to advance a compelling governmental interest. The act further says that no later law should be read to trump this protection unless it explicitly says it's doing that. The Affordable Care Act has no such language.
Is a marginal increase in access to contraception a compelling interest, and is levying steep fines on employers who refuse to provide it for religious reasons the least burdensome way to further it? It seems doubtful.
Ponnuru's characterization of these lawsuits as entirely mainstream is misleading. Although the Supreme Court held in Citizens United that corporations had the right to engage in political speech without undue government restrictions, for the Court to hold that a corporation is a "person" capable of religious belief or conscience would be a radical reimagining of both First Amendment and corporate law precedent. As David Gans of the Constitutional Accountability Center pointed out, "it is nonsensical to treat a business corporation as an actor imbued with the same rights of religious freedom as living persons. No decision of the Supreme Court has ever recognized such an absurd claim."
CBS Evening News left out some important details in its report on a Supreme Court case that could extend the concept of corporate personhood outlined in Citizens United by allowing secular, for-profit corporations to dictate reproductive decisions for its employees.
On Tuesday, the Supreme Court agreed to hear oral arguments in Sebelius v. Hobby Lobby Stores and Conestoga Wood Specialties v. Sebelius, two cases in which business owners argue they should be exempt from certain Affordable Care Act (ACA) requirements. In reporting on this case, CBS opted to highlight Denver-based Hercules Industries, a company with Catholic owners who are protesting the contraception mandate in court. But Hercules is not actually a plaintiff in either of the cases that have been accepted for review. The actual plaintiffs before the Supreme Court, while not Catholic, nevertheless claim that their religious beliefs preclude them from providing health insurance for their employees that covers comprehensive preventive care, because of their personal opposition to certain forms of birth control.
From CBS's November 26 report:
REPORTER ANNA WERNER: Denver-based heating and air condition manufacturer Hercules Industries has a health plan for its employees, one that doesn't include contraception. The family-owned company is one of 44 businesses suing to stop the federal government from forcing it to cover birth control.
Andy Newland is company president.
NEWLAND: This case isn't about saying that people not having access to those things. This case is saying we just don't want to pay for them.
WERNER: Newland's family is Catholic. The religion views artificial contraception as a sin. Under the Affordable Care Act, companies like Hercules with 50 or more employees, must cover contraception.
NEWLAND: Can Americans, including family-business owners, live and do business according to our faith?
WERNER: How is that different from telling your employees you can't use birth control pills?
NEWLAND: We're not saying don't go buy them. We're not putting barricades in front of Wal-Mart. We're saying we simply don't want to pay for them.
Though CBS profiled a company owned by Catholics, it did not mention that many non-profit Catholic and other religiously-affiliated entities are already provided exemptions from the mandate. Whether these exemptions should be extended to for-profit, secular corporations is a separate and novel question that could extend even farther the radical concept of "corporate personhood" outlined in the recent Citizens United decision.
Fox News correspondent Shannon Bream misleadingly claimed that filling the vacancies on the second-most important court in the country was less pressing than filling seats in so-called "judicial emergency" jurisdictions, while ignoring how Senate Republicans have contributed to those emergencies.
In a November 25 segment on Special Report with Bret Baier, Bream suggested that, because the D.C. Circuit is not classified as a "judicial emergency," there is no reason to quickly confirm President Obama's highly-qualified nominees to that bench, such as Georgetown Law Professor Cornelia "Nina" Pillard:
BREAM: Critics say there is no reason for the president to insist these nominees, including Pillard, be approved as quickly as possible. Across the country there are four federal appellate courts so lacking in judges that there are, quote, "judicial emergencies." And this court, the D.C. Circuit, it's not one of them.
But the body that determines these "judicial emergencies," the U.S. Judicial Conference, has recommended that the D.C. Circuit retain its 11-judge complement, a capacity the current GOP filibusters are preventing.
In response to Senate Democrats invoking the so-called "nuclear option," right-wing media advanced a number of myths not only about filibuster reform, but about the qualifications of President Obama's nominees who have languished in the confirmation process. What right-wing media have ignored is that Democrats used the "nuclear option" only after unprecedented GOP obstruction prevented Obama's judicial and executive nominees from receiving an up-or-down vote.
Absurd smears against a highly-qualified judicial nominee for her support of family planning, sex equality, and conservative attempts to dismantle gender stereotypes made the jump from right-wing blogs to the Fox News Channel.
On November 25, Fox News' Shannon Bream correctly reported that the former Connecticut attorney general, among a wide collection of bipartisan legal experts, supports the nomination of the eminently qualified Georgetown Law Professor Cornelia "Nina" Pillard to the U.S. Court of Appeals for the D.C Circuit. Unfortunately, Bream proceeded to repeat right-wing media myths accusing Pillard of "radical feminis[m]" and hosted National Review Online contributor Carrie Severino to recycle the smears. From America's Newsroom, with co-host Martha MacCallum:
MACCULLUM: What are the critics saying that are opposed to her?
BREAM: Well they say she is way out of the mainstream and she deserves a lot of scrutiny. Here's a bit of what she has said when writing about abortion issue. Here's a quote from one of her articles: "Anti-abortion laws and other restraints on reproductive freedom not only enforce woman's incubation of unwanted pregnancies, but also prescribe a 'vision of the woman's role' as mother and caretaker of children in a way that is at odds with equal protection." Here's Carrie Severino of the Judicial Crisis Network.
SEVERINO: Nina Pillard is probably the most extreme judge that has been nominated for this court and possibly for any court in the country. She has a very radical track record as a law professor, really seems to view everything from a radical feminist perspective, down to thinking that abstinence education violates the Equal Protection Clause and feeling like women are being objectified as breeders in the country.
BREAM: She has used that word referring to women as breeders if they are forced to carry pregnancies that they don't want to have. But at this point it looks like there is no blocking her, it is likely she will take a seat on that very important court.
Since Pillard was nominated, she has been subjected to sexist, retrograde, and false accusations that her views on reproductive rights are not in the mainstream. In fact, they are based on decades-old constitutional law, including a decision written by arch-conservative former Chief Justice William Rehnquist.
For example, the quote that Bream yanked out of context from a 2007 academic article in which Pillard noted that "antiabortion laws and other restraints on reproductive freedom not only enforce women's incubation of unwanted pregnancies, but also prescribe a "vision of the woman's role" as mother and caretaker of children in a way that is at odds with equal protection[,]" is an explicit reference to the fact that justices on the Supreme Court have already incorporated equal protection principles into their reproductive rights precedent. Unmentioned by Bream, the quote was part of a discussion of the 1992 decision of Planned Parenthood of Southeastern Pennsylvania v. Casey, which reaffirmed the constitutionality of Roe v. Wade.
The notion that damaging gender stereotypes can be at the core of restrictions on reproductive rights is also based on long-standing constitutional precedent.
National Review Online, while claiming to support a change in Senate procedure in order to "overcome partisan obstruction," refused to acknowledge that it was hyper-partisan obstructionism that forced Senate Democrats to embrace the so-called "nuclear option."
On Thursday, Senate Democrats approved a rule change that will finally allow an up-or-down vote for President Obama's nominees, who have been the victims of unprecedented Republican obstructionism. NRO, like other right-wing media outlets, colorfully responded to the rule change, with John Fund calling Democrats "snake-oil salesmen."
From NRO's November 21 editorial:
The Democrats here are helping themselves to ill-gotten gains. Using the filibuster and other stalling techniques, they kept judicial vacancies open by closing them to Bush nominees.
The filibuster is not sacred writ, and we are on record supporting procedural changes to overcome partisan obstruction. The more serious concern here is that the Democrats are attempting to pack the courts, especially the D.C. Circuit court, with a rogue's gallery of far-left nominees. That is worrisome in and of itself, but there is a deeper agenda: Much of what President Obama has done in office is of questionable legality and constitutionality. The president no doubt has in mind the sage advice of Roy Cohn: "Don't tell me what the law is. Tell me who the judge is." He is attempting to insulate his agenda from legal challenge by installing friendly activists throughout the federal judiciary. That is precisely what he means when he boasts, "We are remaking the courts." Republicans are in fact obstructing those appointments; unlike the nomination of John Roberts et al., these appointments deserve to be obstructed.
The filibuster is a minor issue; the major issue is that President Obama is engaged in a court-packing scheme to protect his dubious agenda, and Harry Reid's Senate is conspiring with him to do so. The voters missed their chance to forestall these shenanigans in 2012. They made the wrong decision then, and have a chance to make partial amends in 2014, when they will be deciding not only what sort of Senate they wish to have, but what sort of courts, and what sort of country.
Fund joined the chorus in a separate post, minimizing GOP obstructionism and advancing the myth that new judges are not needed on the D.C. Circuit because the court's caseload is "provably so light." Fund went on to imply Senate Democrats were hypocrites because they spoke out against the use of the nuclear option by the GOP to push through President Bush's ultra-conservative jurists back in 2005.
Rush Limbaugh spent a substantial portion of his radio show ranting about the Senate Democrats' decision to invoke the so-called "nuclear option," which would allow President Obama's judicial and executive nominees to finally be confirmed through a simple majority vote, a practice that had ground to a halt because of the GOP's mass filibusters.
On his November 21 show, Limbaugh inaccurately stated that President Obama could now increase the number of seats on the D.C. Circuit, and accused Democrats of seeking "total statist authoritarianism":
Obama's going to get every judge he wants. He's going to get -- if they want to add seats to a court -- if they want to add five new liberal seats to the D.C. Circuit, for example, they can do it, there's no stopping them, because the Republicans don't have the votes.
Democrats abruptly changed the Senate's balance of power by reducing from 60 to 51 the number of votes needed to end procedural roadblocks known as filibusters against all presidential nominees. Folks, this is part and parcel of why the Democrats are so hell-bent on winning the House in 2014. This -- winning the House would give them total authoritarian non-challengeable control over the US government. Quite literally there would be no way to stop them. None whatsoever.
When the minority is Republicans, they don't even exist. And they're not due any respect, constitutional or otherwise. Constitutional or human. And so basically what this means, with a president like Obama, is there's no stopping -- he can nominate anybody for anything in the judiciary ... cabinet, whatever. There's no way he can be stopped.
Democrats have made it plain they're not interested in democracy. And that really is what this means. Not interested in democracy at all. Total statist authoritarianism. And frankly, I'm being kind with that terminology.
Rush went on to say that if Democrats wanted to "nominate avowed Communists to be judges, there's no stopping them now ... If Obama wants to nominate [Syrian President] Bashar Assad to the Ninth Circuit Court of Appeals, there's no stopping him. ... How about they want to make Bill Ayers a judge, or Jeremiah Wright?"
Leading up to the successful rules change in the Senate to require a simple majority vote on presidential nominees, CNN gave air time to a number of right-wing myths about the D.C. Circuit Court of Appeals, among them that the court is ideologically balanced and that Senate Democrats' decision to embrace the "nuclear option" could make the Senate even more volatile in the future.
On November 21, in response to Republicans' blanket filibustering of President Barack Obama's judicial and executive nominees, Democrats reformed the rules of the Senate (a common practice) to prevent this unprecedented abuse of the filibuster. While reporting on this new rule that will restore up-or-down votes for the backlog of highly-qualified and mainstream nominees, CNN unfortunately repeated right-wing media myths on filibuster reform and the D.C. Circuit. Before the final vote, CNN's chief congressional correspondent Dana Bash initially minimized the unprecedented obstructionism on the part of Republicans, saying that a rule change could make the legislative body "even more partisan" should the GOP regain a majority in the Senate down the road. Bash went on to say that Senate Majority Leader Harry Reid (D-NV) was considering the so-called "nuclear option" because he wanted "to make a political point," ignoring that the mass filibusters have threatened to grind agencies to a halt:
BASH: What [the "nuclear option"] means in layman's terms is that it could be even more partisan on Capitol Hill, if you can imagine that, than it is now. The reason that the Democratic leader is going to seek to change the rules is because they're very frustrated with the fact that Republicans have been holding up the president's nominees. Let's just take a step back and talk about what we're discussing. ... [T]he current rules allow the minority to filibuster, and it requires 60 votes to overcome the filibuster. What this rule change would do, would effectively take away the minority's rights on most of the president's nominees for the executive branch and also for the bench, except for the Supreme Court.
Now you might ask well if this is the case why don't people in the majority, parties in the majority change the rules all the time? The reason is, there's a reason it's called the nuclear option, it is because institutionally, both parties have this sort of an understanding that they may be in the majority now but they could be in the minority tomorrow and part of the beauty of the Senate, in the Senate rules at least for the past few decades, has been that minority rights are pretty strong, as opposed to the House and so the respect for that has made it, made the leaders in both parties reluctant to change the rules, but Harry Reid has gotten so fed up and wants to make a political point right now and so it looks like it might happen today.
Although Bash appears to agree with the idea that it's increasingly likely that Senate Republicans will change procedural rules in the future now that Democrats have reformed the rules, her assertion that the "nuclear option" would make Washington "even more partisan" ignores the hyper-partisan maneuvers Senate Republicans have already employed. It is precisely because Senate Republicans have engaged in such partisanship that Democrats were forced to consider a rule change. In just the last few weeks, Republicans have topped off their historic streak of mindless filibustering by blocking three D.C. Circuit nominees in a row -- and not because they have qualms about their qualifications.
National Review Online employed scare tactics about filibuster reform and its potential to embolden Senate Republicans to force through their extreme judicial nominees in the future, all while ignoring that the federal judiciary is already stacked with conservative jurists and that the GOP's current mass filibustering is unprecedented.
NRO contributor Ed Whelan warned that Senate Majority Leader Harry Reid's (D-NV) use of the "nuclear option," which would allow a simple majority vote on President Obama's judicial nominees, could embolden Republicans to use the same maneuver if they were to gain control of the Senate in the future. From Ed Whelan's November 20 post (emphasis original):
I don't see how Reid can abolish the filibuster vis-à-vis pending judicial nominees without setting a clear precedent that would enable a future Senate majority, in the very midst of a confirmation battle over a Supreme Court nominee, to abolish the filibuster with respect to that nominee.
It would be funny indeed if folks on the Left who evidently rue Senate Democrats' opportunistic decision in 2003 to inaugurate the filibuster as a weapon against judicial nominees were now to support an opportunistic rule change that would lay the foundation for making it much easier for a Republican president to appoint anti-Roe Supreme Court nominees.
Whelan's NRO colleague, Carrie Severino, joined the "make my day" chorus in a similar post on Reid's decision to invoke the nuclear option, saying, "I hope he does conservatives the favor." Severino later reiterated that point on PBS Newshour with Gwen Ifill:
I hope that Harry Reid does pull the trigger on that, because what's happening now is, he holds the filibuster hostage every time he wants something, without having to abide by the rules.
But then, when the shoe is on the other foot one day and he's going to -- he -- the Senate Democrats were very liberal in their use of the filibuster, unprecedented level of filibustering of judges. I think we should have the same rules on both -- for both teams.
It should be noted that it is actually Obama's mainstream nominees that have faced unprecedented blanket obstruction from Senate Republicans -- not George W. Bush's picks. In fact, it is this rampant blanket filibustering of Obama's nominees, both judicial and executive, that have forced Senate Democrats to consider invoking the "nuclear option" just to get a vote. Bush, on the other hand, still managed to have four of his extreme nominees confirmed to the D.C. Circuit.
Fox host Brian Kilmeade insisted that college admissions offices employ a "quota" system based on race, despite the fact that racial quotas in education have been illegal since 1978.
On the November 20 edition of "Fox & Friends," Kilmeade interviewed former college counselor Lacy Crawford about her book Early Decision. In response to a story about a parent who lied about her son's race on a college application to improve his chances for admission, Kilmeade proclaimed it was "because schools have quotas!" This has not been true since 1978, when the Supreme Court ruled in Regents of the University of California v. Bakke that it was unconstitutional for institutions of higher education to reserve a certain number of seats for students of color. Appearing uncomfortable, Crawford didn't bother to correct Kilmeade, saying only, "Well, 'quota' is a complicated word."
CNN congressional correspondent Dana Bash repeated the right-wing myth that the U.S. Court of Appeals for the D.C. Circuit, arguably the second most important court in the country, is currently "evenly split" and inaccurately reported that the blanket filibusters preventing up-or-down votes on President Barack Obama's judicial nominees are "sacrosanct."
In the wake of a flurry of filibusters of the president's highly-qualified nominees to the D.C. Circuit, Democrats appear to have finally convinced holdouts in their caucus that Senate Republicans' unprecedented obstructionism of judicial and executive nominees is unacceptable. Unfortunately, in reporting on this development that a change to the Senate rules may finally have enough votes to pass, CNN's Bash uncritically repeated right-wing media's dissembling justifications for the GOP blockade. From the November 19 edition of the Situation Room:
BASH: As you well know, Senate filibusters require 60 votes to overcome and it's a pretty high hurdle in a politically divided Senate but the ability to filibuster has been sacrosanct, neither party has dared take that power away from the minority. But Democrats are so frustrated right now that they can't get the president's nominees confirmed, they are once again threatening to do just that, the nuclear option.
BASH: But unlike other partisan brawls over the course, this is not about qualifications or ideology of the nominees. It's about the makeup of the court itself. The D.C. Circuit, the powerful federal appeals court that hears most challenges to laws passed by Congress, now evenly split, four judges appointed by Democrats and four by Republicans. And the GOP wants to keep it that way.
BASH: Republicans argue the D.C. Circuit workload isn't heavy enough to need three more judges. They say Democrats are the ones playing politics.
To her credit, Bash does correctly note that Republicans cannot muster legitimate criticisms of the actual nominees. But by failing to recognize the inaccuracy of their alternate reasons for filibustering these highly-qualified nominees anyway, she inadvertently gives legitimacy to bogus right-wing media rationales and minimizes the historic nature of this rampant obstructionism.
In a recent editorial, The Washington Times accused Democrats of planning to play "the race card" by criticizing Senate Republicans' historic obstruction of President Obama's well-qualified and diverse judicial nominees.
Senate Republicans have engaged in unprecedented obstruction of Obama's judicial nominees, which is preventing an up-or-down vote on current nominees to the critical U.S. Court of Appeals for the D.C. Circuit, Cornelia "Nina" Pillard, Patricia Millett, and district court judge Robert Wilkins. Yet the editors of the Times are quick to side with Senate Republicans who dismiss any criticism of their obstructionist strategy as nothing more than "a well-worn card."
From the November 18 editorial:
Senate Republicans are standing up, so far, to President Obama's attempt to pack the U.S. Court of Appeals for the D.C. Circuit with radical judicial activists. A filibuster blocked a vote on the confirmation of Cornelia Pillard last week and of Patricia Millett two weeks before that. Predictably, Senate Democrats declared that the forthright Republican opposition was another skirmish in the "war on women."
"It's a well-worn card," says Sen. Chuck Grassley, Iowa Republican, of the Democratic strategy. "And they play it every time." Well, not quite every time. When Republicans attempt to block confirmation of U.S. District Judge Robert L. Wilkins, who is black, to the appellate bench, Democrats will play the race card.
Opposing women and blacks is said to be part of Republican war on two fronts. It's not war when Democrats oppose female and black nominees. Forty-three Democrats voted unsuccessfully to deny George W. Bush's nominee Janice Rogers Brown to the appellate bench because she was not woman enough, just as Clarence Thomas was judged by Democrats to be not black enough. The Democrats guard their race and gender formulas as fiercely as Coca-Cola protects the formula for the popular soft drink.
Mr. Obama let slip the game at a private Democratic Senatorial Campaign Committee fundraiser early this month. "We are remaking the courts," he told them. The claim was brazen enough to make the ghost of FDR, lurking nearby, blush.
Republicans are rightly troubled by the prospect of remaking the courts by adding radical activists to a bench that doesn't even need new judges. Senate Minority Leader Mitch McConnell says that if more judges are added to the panel, "there wouldn't be work enough to go around." With some other federal appeals courts having legitimate vacancies, attention should be paid to "where judges are needed and where they're not," says Sen. John Cornyn, Texas Republican, "And this court demonstrably doesn't need new judges. It's not any more complicated than that."
The editorial is a stale rehashing of repeatedly disproved right-wing talking points.