Experts on Korea and U.S. national security have commended a recent deal between the United States and North Korea on nuclear testing as "a positive development" and an indication that the U.S. has "turned a new page with the North Koreans." Nevertheless, conservative media are attacking the deal as a "sham" and a "fool's deal."
The majority opinion did not hold that the Constitution requires all states to allow same-sex couples to marry. Instead, the decision held that a law that has no purpose or effect "other than to lessen the status and human dignity of gays and lesbians" violates the Equal Protection Clause of the Constitution.
The majority took great pains to explain the special circumstances in California that led to this decision. In California the state constitution previously allowed same-sex couples to marry. California then enacted a constitutional amendment that stigmatized same-sex couples by taking away the designation of marriage from their relationships, but the state -- by retaining a civil union law -- did not change any substantive legal rights involved.
Earlier today the Susan G. Komen Foundation released a statement "apologizing" for their decision earlier this week to cease grants to Planned Parenthood to pay for breast cancer screenings. Komen says it will "continue to fund existing grants, including those of Planned Parenthood," though what will happen in the future seems a bit murky.
Regardless, the same conservatives who cheered Komen's decision earlier in the week are now upset at the breast cancer awareness charity's apparent reversal of course. National Review's Daniel Foster this morning called the backlash to Komen "disgusting" and lashed out at Planned Parenthood and "the Left" for their "gangsterism":
In the NROHQ kitchen just now, Charlie Cooke wondered aloud, and here I paraphrase: "Does anyone on the Left even ask the basic question of whether a private charitable organization has the right to dispose of its money as it sees fit?" But in fact, that anyone thinks there is a question here is a sign we've already lost.
The Komen Foundation is a private organization. Planned Parenthood is ostensibly a private organization as well, but one with the highest of public profiles, a maximally polarizing mission, and a conduit of taxpayer dollars. If either of the two should be wary of politicizing its decision-making process, it should be PP, no? And yet Komen is getting hammered for a practical organizational decision (for the zillionth time: PP does not provide mammography) while pro-choice auxiliaries are gleefully fomenting the rage.
Will Wilkinson, who is pro legal abortion and probably the libertarian with whom I agree least often, gets it exactly right on this score, observing that there is more than a little gangsterism in the response from the PP set.
There are a couple of things to point out here. First, to look at the Komen situation and see Planned Parenthood as the bad-faith actor requires an astonishing amount of willful obtuseness. Komen's executives and PR team have spent the better part of the last three days dissembling their way through various media debacles claiming that they didn't alter their grant-making rules specifically to target Planned Parenthood (The Atlantic's Jeffrey Goldberg obtained quotes from Komen insiders and uncovered internal documents showing this to be false).
As to the "gangsterism" charge and the exasperated kitchen quotes about "the Left's" lack of respect for a private organization's private donating decisions, I'd point out that anti-abortion rights activists have been pressuring Komen for years to end their relationship with Planned Parenthood. When Komen's decision was announced on January 31, National Review's Kathryn Jean Lopez celebrated the longstanding efforts by those activists:
This Komen-Planned Parenthood relationship has long been a target of pro-life activists and, media bias aside, this appears to be a remarkable turning point. Planned Parenthood may have trained the AP well -- and has been as American as apple pie to Republicans and Democrats alike for all too long -- but it has really seen itself exposed in new and deep ways since Lila Rose started her gutsy undercover work.
Scott Lemieux points out the obvious: the right of a private institution to dole out money in the ways they see fit does not exempt that institution from criticism. The anti-choice crusade against Komen's Planned Parenthood funding should be proof enough of that, and reason enough not to pop off about liberal "gangsterism" when things don't go your way.
President Obama recently outlined his proposal that would give millions of homeowners a chance to save thousands of dollars annually by refinancing their mortgages at a lower interest rate even if their homes are currently underwater. The right-wing media immediately went on the attack, claiming that Obama's mortgage relief plan is a political stunt being used to "pander" to voters during an election year.
Mark Krikorian was surprised to learn on Thursday that labor unions are lobbying in support of marriage equality in Maryland. In his National Review Online post, he wrote that the reason it "seems improbable is that until recently, American organized labor, while misguided on many economic questions, was deeply traditionalist." He concluded that unions are now supporting marriage equality only because "the unions no longer represent many workers."
But what Krikorian has apparently failed to understand is that marriage equality has many economic benefits. The Williams Institute of the UCLA School of Law argues that marriage equality creates jobs. It also estimated that in the first year same-sex marriage was legalized in six states, wedding spending from those marriages totaled at least $249 million:
Forbes estimated in 2004 that if laws were changed to legalize same-sex marriage in the entire United States, the wedding industry would see "a short-term gain of prodigious proportions" and eventually provide a nearly $17 billion boost to the economy over time. In another estimate, San Francisco's chief economist stated in 2010 that the "annual wedding-related spending would rise by $35 million in San Francisco, with an additional $2.7 million in hotel spending, if same-sex marriage were legal."
Business groups and leaders have also expressed support for marriage equality due to its economic benefits. The executive director of the Mount Washington Valley Chamber of Commerce in New Hampshire praised the economic potential of civil unions in December 2007. The San Francisco Chamber of Commerce argued that marriage equality in California "would improve the business climate" and would enhance "the ability of California businesses to compete nationwide for top talent."
In April 2011, top New York business leaders urged the state to adopt marriage equality "to remain competitive" and "attract top talent." A few months later, more than 75 business leaders in North Carolina signed an open letter opposing a state constitutional amendment banning same-sex marriages "because of the significant harm it will cause our state's pro-business environment, its major employers, and efforts to spur job-creation in North Carolina."
The lack of same-sex marriage recognition has been shown to be costly to workers as well. As CNNMoney reported last week, same-sex couples "are paying as much as $6,000 a year in extra taxes because the federal government doesn't recognize gay marriage."
Right-wing media have called President Obama's recess appointment of Richard Cordray as director of the Consumer Financial Protection Bureau (CFPB) during a Senate recess of fewer than three days an "open declaration of war on constitutional principles" and an "unprecedented power grab." However, neither the Constitution nor the courts have specified how long the Senate must be in recess for a president to make a recess appointment; past presidents have made recess appointments during recesses of three days or fewer; and congressional Republicans are engaged in unprecedented obstructionism that is preventing hundreds of Obama nominees from being confirmed.
Since President Obama took office, the right-wing media have engaged in a smear campaign against Obama administration officials as well as people Obama has nominated for spots in the judiciary. This witch hunt has continued unabated in 2011.
Yesterday, Senate Majority Leader Harry Reid (D-NV) filed a motion to cut off a filibuster against the nomination of Caitlin Halligan to the U.S. Court of Appeals for the D.C. Circuit. Halligan has been smeared by the right-wing media based on a number of myths about her record. Media Matters has posted an extended debunking of those media myths and presents a summary of them here.
REALITY: Halligan Has Support From Across The Political Spectrum. Halligan's supporters include:
With Senate Majority Leader Harry Reid (D-NV) having filed a motion to cut off a filibuster of the nomination of Caitlin Halligan to the U.S. Court of Appeals for the D.C. Circuit, often called the second most important court in the country, Media Matters presents a rebuttal to myths and falsehoods right-wing media have used to attack Halligan.
Following in the footsteps of Michael Gerson's November 14 Washington Post column, which ignored the opinions of American Catholics to accuse the Obama administration of "anti-Catholic bias," right-wing bloggers are pressuring the Obama administration to allow all employers to offer insurance that does not provide any coverage for birth control under the Affordable Care Act.
For instance, National Review Online blogger Kathleen Jean Lopez attacked progressives for "insisting that the White House not succumb to Catholic backward thinking over contraception." She also asked "How much of a problem has it been to convince people that President Obama's signature legislation is a threat to Catholics and others with so many prominent Catholics in the administration."
Not to be outdone, LifeSiteNews cited a National Catholic Reporter blog post to push the idea that "if Obama fails to widen the religious exemption, he can kiss away any real effort to win over Catholic voters in 2012 -- including those who supported him in 2008 despite his pro-abortion position."
But what do Catholics really think about whether health insurance should provide contraceptive coverage? According to a 2009 poll conducted for Catholics for Choice, 63 percent of American Catholics said that "health insurance policies -- whether they are private or government -- should cover ... contraception, such as birth control pills."
[Belden Russonello & Stewart, September 2009]
Catholics for Choice has also found that "even among those who attend church once a week or more, 83% of sexually active Catholic women use a form of contraception that is banned by the Vatican," that 69 percent of Catholic women have used birth control pills, and that 88 percent of Catholics have used condoms.
Anonymous hackers recently released another batch of emails taken from a climate research group at the University of East Anglia in 2009, along with a document containing numbered excerpts of purportedly incriminating material. Many of these selections have been cropped in a way that completely distorts their meaning, but they were nonetheless repeated by conservative media outlets who believe climate change is a "hoax" and a "conspiracy."
In the midst of its disingenuous campaign to have Supreme Court Justice Elena Kagan disqualified from deciding whether the Affordable Care Act is constitutional, National Review Online accidentally undermined the case for having her disqualified.
A post on National Review Online's Bench Memos blog by Ed Whelan poses the following hypothetical:
Let's say that in January 2010 President Obama met with Solicitor General Kagan and told her (a) that she was a leading candidate for the next Supreme Court vacancy, (b) that it was important to him that any justice he appointed be able to take part in any Supreme Court challenge to his health-care legislation so that the justice could vote to reject the challenge, and (c) that he was instructing her not to exercise her ordinary duties as Solicitor General on litigation involving his health-care legislation so that she would not be clearly disqualified (under 28 U.S.C. § 455(b)(3)) from taking part in deciding the litigation as a justice. Under these hypothetical facts, would Justice Kagan have to recuse herself under 28 U.S.C. § 455(a) because her "impartiality might reasonably be questioned"?
According to Kagan, this isn't what actually happened. Kagan has stated that she began scaling down her participation in general Department of Justice matters on March 5, 2010, not in January.
But let's imagine for a second that Whelan's hypothetical actually did happen, with one amendment: It's extremely unlikely that President Obama would have told Kagan that he wanted a justice he appointed to "take part in any Supreme Court challenge to his health-care legislation so that the justice could vote to reject the challenge." [emphasis added] But it would not be totally out of the realm of possibility for Obama to have said that he wanted to make sure a justice he appointed could take part in such a case to avoid a 4-4 tie.
And that would have been totally appropriate and not provided grounds for recusal, since in the amended hypothetical Obama would not have been saying how he expected Kagan to rule.
The right-wing media have attacked President Obama for commenting at a conference that "we've been a little bit lazy" about attracting foreign investment in America, claiming that he is "attacking Americans." However, several independent analysts have said that this line of attack takes Obama's comments out of context and that the president "wasn't calling Americans lazy."
National Review Online's Carrie Severino is still pursuing her quixotic quest to have Supreme Court Justice Elena Kagan recused from any cases dealing with the Affordable Care Act. In a recent blog post and report, Severino has concluded that based on the evidence she has seen, Kagan should "recuse herself from any consideration of [the Affordable Care Act's] legality before the Supreme Court."
The charge is baseless. Kagan has said that she had not been involved in any substantive discussions of the health care reform law, the constitutionality of the law, or litigation involving the law.
And importantly, faced with the same evidence that she's now citing, Severino acknowledged back on April 11 that she didn't "see enough evidence to know whether Justice Kagan must recuse herself from considering the upcoming Obamacare challenges."
The facts haven't changed, but Severino's conclusions certainly have. It seems that Severino hoped she would find a smoking gun that required Kagan's recusal. And when she failed in that attempt, Severino simply reversed herself on what those facts mean.
The conservative media is divided on anonymous sources: Some right-wing media figures have been hyping a claim by an anonymous source that Chicago Mayor Rahm Emanuel is "likely involved with the sexual harassment" allegations against Republican presidential candidate Herman Cain. At the same time, however, other conservative media figures have tried to cast doubt on the sexual harassment allegations against Cain by pointing out that they are based on anonymous sources.