National Review personalities exploited questions surrounding Rolling Stone's high-profile account of a rape at the University of Virginia (UVA) in order to deny the prevalence of sexual assault on college campuses and suggested that women should do more to protect themselves, a response in keeping with the outlet's history of denialist, victim-blaming sexual assault coverage.
As strict voter ID laws are put into effect ahead of the midterm elections, recent judicial opinions and social science studies continue to poke holes in right-wing media's defense of voter suppression.
A new report has debunked the primary voter fraud argument right-wing media have used for years to promote unnecessarily strict voter identification laws, which alienate eligible voters and often have the effect of suppressing the vote in minority and heavily-Democratic jurisdictions.
These kinds of voter ID laws, which require voters to present certain forms of ID at polling locations when attempting to vote, disproportionately affect people of color and can cost states millions of dollars to implement. But right-wing media have continued to promote them, especially since 2013, when the Supreme Court struck down a key provision of the Voting Rights Act (VRA) that prevented suppression efforts in states with a history of racially-motivated voting laws. As Ezra Klein noted on the August 6 edition of MSNBC's All In, right-wing media have consistently raised the specter of in-person "voter fraud" to justify their support for these redundant and highly restrictive voter ID laws.
But as election law experts repeatedly point out, the specific type of fraud that voter ID can prevent -- voter impersonation -- is extremely uncommon.
National Review Online contributors John Fund and Hans von Spakovksy have been at the forefront of right-wing media's push for burdensome voter ID laws, calling Texas's law "a good thing," despite the fact that voters reported being turned away from the polls. Both Fund and von Spakovsky have advocated for further gutting what's left of the Voting Rights Act, making it nearly impossible for citizens who have been prevented from voting due to needlessly cumbersome election laws to legally challenge these oppressive regulations. Fund has also downplayed how difficult it can be for citizens -- particularly people of color, women, and low-income voters -- to obtain the right kind of identification needed to vote. In response to a Pennsylvania state court case that found the state's voter ID law unconstitutional, Fund called evidence that thousands of voters lacked the proper ID nothing more than an "inflated estimate."
While evidence of widespread voter fraud has yet to surface, right-wing media figures have nevertheless insisted that "there are plenty of instances" of voter fraud and that there is "concrete evidence ... of massive voter fraud." But according to a new study by Loyola University law professor Justin Levitt, the in-person voter fraud that strict voter ID prevents is still nearly non-existent. Levitt's study, which "track[ed] any specific, credible allegation that someone may have pretended to be someone else at the polls, in any way that an ID law could fix" found just 31 instances of this potential voter fraud between 2000 and 2014. According to Levitt, "more than 1 billion ballots were cast in that period."
Election fraud happens. But ID laws are not aimed at the fraud you'll actually hear about. Most current ID laws (Wisconsin is a rare exception) aren't designed to stop fraud with absentee ballots (indeed, laws requiring ID at the polls push more people into the absentee system, where there are plenty of real dangers). Or vote buying. Or coercion. Or fake registration forms. Or voting from the wrong address. Or ballot box stuffing by officials in on the scam. In the 243-page document that Mississippi State Sen. Chris McDaniel filed on Monday with evidence of allegedly illegal votes in the Mississippi Republican primary, there were no allegations of the kind of fraud that ID can stop.
Instead, requirements to show ID at the polls are designed for pretty much one thing: people showing up at the polls pretending to be somebody else in order to each cast one incremental fake ballot. This is a slow, clunky way to steal an election. Which is why it rarely happens.
The D.C. Circuit is expected to rule soon in Halbig v. Burwell, a lawsuit based on a fringe legal theory that could gut the Affordable Care Act (ACA) by eliminating federal exchange tax credits that significantly reduce the cost of private health insurance. Although this lawsuit has already been dismissed by legal experts and judges as meritless, right-wing media continue to misrepresent both the law and consequences surrounding Halbig.
In the wake of the Roberts Court's latest attack on the constitutionality of race-conscious law, right-wing media are mischaracterizing the decision and Justice Sonia Sotomayor's dissent in a dishonest attempt to frame civil rights precedent as "racial discrimination."
On April 22, the Supreme Court ruled in Schuette v. BAMN, a badly split opinion in which the Court's five conservatives rejected long-established equal protection law under the Fourteenth Amendment to uphold Michigan's voter-approved ban on affirmative action. Right-wing media immediately began misinforming about the case, ignoring the serious consequences it could have for minority rights in the United States. By effectively overruling the "political process" doctrine, which forbids setting up a separate and unequal tier of political participation for a disfavored minority, the conservative justices reopened the door to the rigging of political systems, previously disallowed because of its negative impact on communities of color.
NRO continued its misinformation campaign about Schuette in its April 22 editorial, claiming that affirmative action is itself a form of prohibited racial discrimination. The editorial went on to call Sotomayor's dissent in Schuette "legally illiterate and logically indefensible" and "offers a case study in the moral and legal corrosion that inevitably results from elevating ethnic-identity politics over the law." To bolster the claim that Sotomayor is preoccupied by "ethnic-identity politics," the editors whistled to the 2009 right-wing media smears that the justice was a racist because she once referred to herself as a "wise Latina." From the NRO editorial:
In a perfectly Orwellian dissenting opinion, which she read dramatically from the bench, Justice Sotomayor argued that the decision of the people of Michigan to end racial discrimination is itself an instance of racial discrimination and that the only way to mitigate such racial discrimination is through the mandatory maintenance of racial discrimination. In this opinion she was joined by Justice Ginsburg, with Justice Kagan recusing herself from the case. Justice Sotomayor argued that Michigan's Proposal 2, which mandates race-neutral state policies, is the sort of legislation used to "oppress minority groups." By outlawing racial discrimination, she argued, "a majority of the Michigan electorate changed the basic rules of the political process in that State in a manner that uniquely disadvantaged racial minorities."
Justice Sotomayor is here arguing in effect that if a constitutional referendum doesn't go the NAACP's way, then its effects are invalid. This is not an exaggeration: Justice Soyomayor argues explicitly that Michigan's voters would have been within their rights to, for example, lobby university authorities to adopt race-neutral admissions standards but that by adopting a constitutional amendment insisting on race neutrality, thereby transferring the decision from the education bureaucrats to the people themselves and their constitution, they "changed the rules in the middle of the game." Her opinion is legally illiterate and logically indefensible, and the still-young career of this self-described "wise Latina" on the Supreme Court already offers a case study in the moral and legal corrosion that inevitably results from elevating ethnic-identity politics over the law. Justice Sotomayor has revealed herself as a naked and bare-knuckled political activist with barely even a pretense of attending to the law, and the years she has left to subvert the law will be a generation-long reminder of the violence the Obama administration has done to our constitutional order.
Fox Business host Lou Dobbs and an all-white panel used proposed changes to federal sentencing guidelines to accuse President Obama of trying to "accentuate the idea that America is a racist society."
The panelists were discussing new rules proposed by Attorney General Eric Holder that would allow more non-violent offenders convicted of drug laws -- which disproportionately sent black offenders to prison for long sentences -- eligible for presidential clemency. The panel suggested that the administration's acknowledgement of racial disparities proved the "race industry's" success in making the country look racist.
In 2010, Congress passed and President Obama signed into law the Fair Sentencing Act of 2010 to reduce the federal mandatory minimum sentencing disparities between those convicted of powdered cocaine possession versus crack cocaine possession. As the Washington Post noted, prior to the law's passage, "those arrested for crack offenses -- mostly young, African American men--faced far harsher penalties than the white and Hispanic suspects most often caught with powder cocaine." In 2013, President Obama commuted sentences for eight individuals who were convicted of non-violent crack cocaine offenses under the old sentencing guidelines.
On April 21, Holder announced that Obama "wants to consider additional clemency applications, to restore a degree of justice, fairness, and proportionality for deserving individuals who do not pose a threat to public safety." The new effort would focus on prisoners serving longer sentences than they would if they were arrested under current law.
Dobbs' panel of experts on the whether Obama and Holder were accentuating racial tensions included National Review columnist John Fund and City Journal contributing editor Heather Mac Donald, a roundtable with a history of racially-charged remarks. In March, Mac Donald dismissed research finding black students were more harshly punished than their white counterparts by claiming it "common sense that black students are more likely to be disruptive" than whites. Earlier this month, Mac Donald doubled down on her remarks, explaining that disproportionate school suspensions for black students stemmed from their "lack of self-discipline." Dobbs himself has accused Obama of "fomenting unrest" to incite racism and accused the Department of Justice of doing the same in the George Zimmerman case.
To hear conservative media tell it, the resignation of Mozilla CEO Brendan Eich following an outcry over Eich's support for the 2008 referendum that banned same-sex marriage in California is merely the latest sign that a new era of anti-conservative persecution has arrived. That narrative undergirds the right's campaign against LGBT equality and is essential to understanding conservative support for measures that would enshrine anti-LGBT discrimination into law.
On April 3, just two weeks into his tenure, Eich announced his decision to step down as Mozilla's CEO. The revelation that Eich had contributed $1,000 to the anti-marriage equality Proposition 8 campaign had triggered fierce criticism from Mozilla employees, companies like OkCupid, and gay rights activists. As Slate's Mark Joseph Stern noted, the campaign for Proposition 8 was about far more than a simple disagreement over the definition of marriage. Supporters ran stridently homophobic ads accusing gay people of wanting to turn children gay, "mess up" children by introducing gay marriage into the curriculum, and conceal the truth about marriage and reproduction.
The virulently anti-gay propaganda behind the Prop 8 campaign - and the measure's subsequent passage -served to compound the sense of vulnerability among the gay community, which faces discrimination in housing, healthcare, public accommodations, and earnings, and is disproportionately targeted by hate crimes. Given the vitriol that motivated the Prop 8 fight, many supporters of LGBT equality objected to Eich's appointment to Mozilla CEO.
In the right-wing universe, however, it's conservative Christians whose rights are under assault. While Eich's decision to resign was an example of the free market at work - precisely the solution many libertarians and conservatives have long prescribed for anti-gay bigotry - conservative media figures greeted his departure with cries of totalitarianism and bigotry, condemning the "intolerant" LGBT movement for its role in the controversy.
Rush Limbaugh wasted no time in comparing Eich's critics with Nazis, declaring on his April 4 program that "'[f]ascist' is probably the closest way" to describe them (emphasis added):
When it was discovered that Brendan Eich had donated a $100 [sic] to Proposition 8 four years ago, the literal... What is the proper name for people who engage in this kind of behavior? "Fascist" is probably the closest way. You can call 'em Nazis, but nevertheless they went into gear, and immediately Brendan Eich was described as "filled with hatred" and anti-gay bigotry all over the tech media.
Breitbart.com's Ben Shapiro sounded a similar note, launching an anti-Mozilla campaign on his website TruthRevolt.org to protest the company's "fascistic crackdown":
National Review Online contributor John Fund used anecdotal evidence of voter fraud and specious legal analysis to continue to advocate for oppressive voter identification laws.
On January 17, a Pennsylvania judge ruled that the state's voter ID law was unconstitutional under the state constitution because "hundreds of thousands of qualified voters ... lack compliant ID," and that the state had failed to ease the burdens associated with obtaining one. As The Nation recently reported, "getting a voter ID in Pennsylvania was a bureaucratic nightmare" after the statute went into effect because "[t]here are 9,300 polling places in the state, but only seventy-one DMV offices."
But Fund apparently didn't find this scenario all that nightmarish. In a recent editorial, he dismissed the number of voters without appropriate ID as "inflated" and argued that the law should still be rescued by the state legislature:
In 2008, the U.S. Supreme Court upheld on a 6-to-3 vote the constitutionality of laws requiring voter ID at the polls. Justice John Paul Stevens, one of the left-of-center judges on the Court, wrote the opinion in a case involving Indiana's voter-ID law: He found that the Court could not "conclude that the statute imposes 'excessively burdensome requirements' on any class of voters."
But our Constitution decentralizes our election procedures over 13,000 counties and towns, and states themselves are in charge of writing voter-ID laws should they choose to do so. Some do it better than others.
Last Friday, Judge Bernard McGinley of the Pennsylvania Commonwealth Court found that his state's voter-ID law violated Pennsylvania's constitution because the manner in which it was implemented placed an unreasonable burden on voters. The law, passed in 2012, had been blocked from taking effect while the court case against it ground forward. McGinley's decision is likely to be appealed to the Pennsylvania Supreme Court. Or the legislature could pass a new version of the law that would answer the judge's objections.
McGinley concluded that the law had been implemented in a sloppy, haphazard way and that the state had not done enough to help provide IDs to voters who lacked one.
When Pennsylvania's voter-ID law is either appealed or rewritten, let's hope that the state does a better job debunking the inflated estimates that hundreds of thousands of Pennsylvanians lacked an ID.
The state should also emphasize that even when voters show up at the polling place without an ID, they can vote on a provisional ballot. The state will count that ballot if the voter mails, faxes, or e-mails a copy of acceptable ID within six days of the election. If a person lacks the money to obtain the background documents necessary to acquire a voter ID, he can sign an affidavit attesting to that fact, after which his vote will be counted without further questions.
Fund's claim that the Supreme Court upheld the constitutionality of strict voter ID laws is misleading -- the case he references is Crawford v. Marion County Election Board, which challenged an Indiana voter ID law specifically, not the constitutionality of ID requirements in general. In the Pennsylvania case, the judge made sure to note that Crawford was not particularly relevant to his analysis, because the underlying facts that supported the legal challenges were so dissimilar. But Fund ignores this important distinction between the two cases in favor of his preferred narrative: that discriminatory voter ID laws are awesome.
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.
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.
Florida Watchdog.org, an offshoot of the Koch brothers-funded Watchdog.org, parroted right-wing media claims that Congress is receiving an "exemption" from the Affordable Care Act (ACA) by receiving a "special subsidy" from the government for its health insurance. However, this zombie lie is not based in fact and is due to a Republican effort to politicize the implementation of the law.
In a column on National Review Online's (NRO) The Corner, Fox News contributor and NRO columnist John Fund and Heritage Foundation senior legal fellow Hans von Spakovsky laid out what they considered "The Latest Evidence Of Voter Fraud." The evidence they offered, however, amounted to one county in Mississippi that was recently ordered to remove ineligible voters from its registration rolls, and a report released by the conservative Voter Integrity Project showing a statistically insignificant number of alleged voter fraud cases, neither of which showed any conclusive evidence or prosecution of voter fraud.
In a September 9 column, Fund and von Spakovsky wrote, "Obama-administration officials and their liberal camp-followers who routinely claim there is no reason to worry about election integrity because vote fraud is nonexistent suffered some embarrassing setbacks last week."
The first piece of evidence they offered was a lawsuit brought by the American Civil Rights Union (ACRU) -- a far right legal advocacy group whose senior fellow and policy expert once accused the NAACP's president of "treason" for denouncing voter ID laws, and who said it was racist to oppose those same laws -- against Walthall County, Mississippi in which the county was instructed to purge its voter rolls of felons, the deceased, and duplicate registrations. Fund and von Spakovsky made no claims of actual voter fraud in regards to that case, however, writing only that:
This is the first time in the 20 years that the NVRA has been in force that a conservative group has sued to enforce Section 8, while liberal advocacy groups have filed many cases to try to stop election officials from cleaning up their registration lists, a practice which they foolishly label "voter suppression."
An inflated voter registration roll by itself is not evidence of voter fraud, which the Brennan Center for Justice defined as "when individuals cast ballots despite knowing that they are ineligible to vote, in an attempt to defraud the election system." Instead, voter roll purges have repeatedly been used as a tool to disenfranchise minorities and students -- traditionally Democratic voting blocs.
The second piece of evidence Fund and von Spakovsky presented was a report released by the Voter Integrity Project of North Carolina (VIP-NC), a group with a history of false claims regarding voter fraud. VIP-NC released a report they obtained from the North Carolina Board of Elections which shows 475 cases in which the state had a "reasonable suspicion" that voter fraud occurred. Those cases were turned over to the appropriate district attorneys and Fund, von Spakovsky, and VIP-NC acknowledged that prosecutors chose not to bring charges in those cases. However, Fund and von Spakovsky attributed the lack of convictions to political fear, writing, "As VIP also points out, the report raises the important question of why local district attorneys in North Carolina have been 'so negligent in prosecuting' these referrals."
Fund and von Spakovsky used the VIP-NC report to advocate for strict voter ID laws and portrayed North Carolina as a hotbed of voter fraud (emphasis added):
The report shows that there were 475 cases of election fraud that the Board "believed merited a referral" to prosecutors between 2008 and 2012. The fraud included double voting, impersonation and registration fraud, and illegal voting by noncitizens and felons. Not all of this fraud would have been stopped by voter ID, but there are certainly people willing to engage in fraud and we need to take a comprehensive approach to protect the security of the voting and election process.
In fact, the strict voter ID laws they advocate might have prevented only one of the 475 alleged voter fraud cases referenced -- the single allegation of voter impersonation. According to the report, the majority of the 475 cases occurred during the 2008 general election, when over four million people voted. Yet conservatives in the state have used similar claims of voter fraud to pass what former Secretary of State Hillary Clinton called a "greatest hits of voter suppression."
According to Mother Jones, North Carolina's law "prohibits same-day registration, ends pre-registration for 16- and 17-year-olds, eliminates one week of early voting, prevents counties from extending voting hours due to long lines (often caused by cuts in early voting) or other extraordinary circumstances, scratches college ID cards and other forms of identification from the very short list of acceptable state-issued photo IDs, and outlaws certain types of voter registration drives." From Mother Jones:
The bill's new provisions make it so that, with very few exceptions, a voter needs a valid in-state DMV-issued driver's license or non-driver's ID card, a US Military ID card, a veteran's ID card or a US passport. According to an April 2013 analysis (pdf) of state Board of Elections data by Democracy North Carolina, 34 percent of the state's registered black voters, the overwhelming majority of whom vote Democrat, do not have state-issued photo ID. The same study found that 55 percent of North Carolina Democrats don't have state-issued photo ID. Only 21 percent of Republicans have the same problem.
Instead of protecting elections from fraudulent voting, strict voter ID laws are instead being used to disenfranchise minorities and low-income individuals in an effort to help Republicans win elections.
Fund and von Spakovsky both have a history of spreading misinformation about voter fraud, culminating in a book they co-authored that is rife with falsehoods. NRO's continued advocacy of strict voter ID laws is not surprising given its sordid history regarding civil rights.
The Republican National Committee voted this morning to ban NBC News and CNN from hosting GOP primary debates in 2016. On paper, the vote was to protest plans by NBC and CNN to produce, respectively, a miniseries and a documentary on Hillary Clinton. But there's a whole lot more undergirding this move to exclude these outlets from the Republican debates. The long-standing animus toward the "liberal media" among conservatives has morphed into outright paranoia, and it came to a head during the 2012 campaign when George Stephanopoulos asked a debate question about contraception.
Here's what happened. Rick Santorum talked about contraception a lot during his 2012 presidential campaign. He railed against "the dangers of contraception in this country, the whole sexual libertine idea" in an October 2011 interview with an evangelical blog. He told NBC's Today on December 29 that contraception "leads to lot of sexually transmitted diseases, it leads to a lot of unplanned pregnancies." On January 2, 2012, just a few days before participating in a Republican debate co-hosted by ABC News, Santorum was asked by then-ABC reporter Jake Tapper about his belief that states should be able to ban contraception. "The state has a right to do that, I have never questioned that the state has a right to do that," Santorum said.
Then, at the ABC/Yahoo News debate on January 7, moderator George Stephanopoulos asked Mitt Romney if he shared Santorum's belief "that states have the right to ban contraception." Romney responded: "George, this is an unusual topic that you're raising. States have a right to ban contraception? I can't imagine a state banning contraception." Shortly afterward, all hell broke loose.
From all corners of the conservative media came accusations that George Stephanopoulos, in asking about contraception, had "coordinated" with Team Obama to lure the Republican candidates into some sort of trap on birth control. Much of the speculation was driven by Dick Morris, which should have been a pretty big red flag in terms of reliability. The theory rested on the assumption that the contraception issue just came out of nowhere, which, of course, is not true -- Santorum was asked about it just five days before the debate by one of Stephanopoulos' colleagues.
National Review's John Fund has joined the effort to revive the deteriorating Internal Revenue Service "scandal," in which conservative groups seeking non-profit status were supposedly targeted by the agency, by speculating wildly over issues for which no wrongdoing has been established.
National Review and The Wall Street Journal have tried to breathe new life into the IRS scandal, which has received less attention from the press following reports that progressive groups were also targeted for additional scrutiny. That effort has involved accusing, with scant evidence, the IRS and the Federal Election Commission of inappropriately colluding against conservative non-profits.
National Review's Fund has added his voice to that endeavor, citing previous NR reporting to claim that the IRS was attempting to "influence an FEC commissioner's vote on the legality of actions by a conservative nonprofit group."
As we noted on August 2 regarding the original NR story:
According to the conservative magazine, in 2009 a FEC official emailed Lerner inquiring after the tax exempt status of a group called American Future Fund, which was under investigation by the commission following a complaint by Minnesota Democrats over the group's alleged political activities. National Review refers to the group's tax status as "confidential taxpayer information" of the sort that the IRS is prohibited from sharing, though it's not immediately clear that this information is indeed "confidential." The IRS maintains a public list of organizations that have been granted tax exempt status, and tax-exempt groups are required by law to make public their "exemption applications, determination letters, and annual returns." The IRS issued a statement saying the email exchange indicates "that neither person wanted the IRS to provide the FEC with anything other than publicly available information," and Lerner's attorney told the Washington Post that "anyone in the world could get that information."
National Review even quoted the chair of the House Ways and Means Committee's statement saying the "American public is entitled to know whether the IRS is inappropriately sharing their confidential tax information with other agencies." So they don't know whether this happened; they're investigating to see whether it happened.
Fund places his speculation at the center of the allegation that the Obama administration may be engaged in "a slow-motion cover-up," because while the Obama administration has suggested there's "nothing to see here," "the IRS scandal is growing, not shrinking." For Fund, this leads to the conclusion that the investigations "will have to expand."
Fox News is using a planned Hillary Clinton miniseries and documentary to revive decades-old lies about the former Senator and secretary of state, reanimating phony 1990s "scandals" including Whitewater, Travelgate, and Filegate. Every so-called scandal Fox is pushing has been thoroughly discredited by numerous independent investigations.