Fox News is minimizing the radical nature of the Supreme Court's decision in Hobby Lobby, framing it as narrowly-tailored and claiming that the federal government "will end up paying" for the four contraceptives that the chain store objected to. However, Fox is ignoring the fact that companies are challenging all 20 contraceptives covered under the Affordable Care Act (ACA) and that one way the conservative majority suggested the government could bridge the gap in coverage -- providing the same opt-out accommodation to for-profits that it provides to religiously-affiliated non-profits -- is already being challenged in the lower courts.
On June 30, the Supreme Court ruled in Burwell v. Hobby Lobby, holding that for-profit, secular corporations are exempt from a provision in the ACA that requires employer-sponsored health insurance plans to cover comprehensive preventive health services, including contraception. The religious owners of Hobby Lobby objected to providing coverage for certain forms of birth control, including emergency contraception and intrauterine devices, because they erroneously believe that these medications cause abortions. For the all-male conservative majority on the Court, it was enough that the owners "sincerely believed" this scientifically inaccurate information.
Right-wing media immediately celebrated the Hobby Lobby decision, which adopted many of their favorite myths about religious freedom and contraception. Fox News in particular was supportive of the Court's supposedly "narrow ruling," with contributor Laura Ingraham claiming that women who worked at companies "like Hobby Lobby" who were upset about the decision were overreacting and "had really bad cases of the vapors over this case." A panel discussion on the June 30 edition of Fox's On the Record with Greta Van Susteren also downplayed the significance of the case, with Weekly Standard senior writer Stephen Hayes stating that he didn't think the case would "have a huge impact" because "the Court very carefully narrowed this case to apply basically to the facts presented." A.B. Stoddard, associate editor of The Hill, agreed with Hayes and claimed that the case was "narrowly-tailored," arguing that "the government will end up paying for these [forms of contraception] anyway." Fox News host Megyn Kelly went the furthest on The O'Reilly Factor, claiming reproductive rights advocate Sandra Fluke -- who warned the decision could apply to all contraception -- "doesn't know what she is talking about."
From the June 3 edition of Fox News' Special Report with Bret Baier:
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Weekly Standard writer and Fox News contributor Stephen Hayes broke ranks from his fellow conservatives and colleagues at Fox by agreeing with Hillary Clinton's assessment that her critics have mischaracterized her congressional testimony on the Benghazi attacks.
On May 30 Politico published advance excerpts from Clinton's upcoming memoir, Hard Choices, in which she details her time at the State Department during the attacks in Benghazi and criticizes Republican efforts to exploit the tragedy. Writing on her congressional testimony on the attacks, Clinton argued that the controversy surrounding her response to a question from Sen. Ron Johnson is "yet another example of the terrible politicization of this tragedy." Clinton points out that her"what difference at this point does it make" statement did not "mean that I was somehow minimizing the tragedy of Benghazi" and that "many of those trying to make hay of it know that, but don't care."
In a May 30 post at The Weekly Standard, Hayes agreed that Clinton's critics have "badly mischaracterized the now infamous question." Hayes went on to correctly note that Clinton's response was simply "an attempt to redirect the questioning from its focus on the hours before the attacks to preventing similar attacks in the future":
Hillary Clinton is right about Benghazi -- or at least she's right about one thing.
According to a story by Maggie Haberman about the Benghazi chapter in Clinton's forthcoming book Hard Choices, the former secretary of state contends that some of her critics have badly mischaracterized the now infamous question she asked at a January 23, 2012, congressional hearing: "What difference, at this point, does it make?"
She's right, they have. The question, which came in the middle of a heated back-and-forth with U.S. senator Ron Johnson, was not so much a declaration of indifference as it was an attempt to redirect the questioning from its focus on the hours before the attacks to preventing similar attacks in the future.
Hayes has previously defended Clinton from attacks mischarcterizing her exchange. On the April 30 edition of Hannity, Hayes stood up for Clinton against those who labeled her attitude about the attack as indifferent and again corrected the record:
HAYES: Let me start by actually defending Hillary Clinton, which I don't do often in the context of Benghazi. You know, that sound bite has been, I think, misinterpreted by some to be a declaration of her indifference as to what had actually happened on the ground in Benghazi when she says, "What difference, at this point, does it make?" She wasn't saying, basically, I don't care, you know, we're beyond it, it doesn't matter. What she was saying is it doesn't matter how it happened.
Despite Hayes' correction to critics who willfully misinterpreted Clinton's words, conservatives continue to hold up her remarks as a false indication of indifference.
Fox News contributor Stephen Hayes accused President Obama of attacking a "straw man" after the president argued that his foreign policy critics believe "military intervention is the only way to avoid looking weak" -- a somewhat ironic characterization, given that Hayes has loudly accused Obama of being weak and "dithering" in his approach to foreign affairs.
In a May 28 commencement address at West Point, Obama outlined his foreign policy goals and addressed his critics:
And I would betray my duty to you, and to the country we love, if I sent you into harm's way simply because I saw a problem somewhere in the world that needed fixing, or because I was worried about critics who think military intervention is the only way for America to avoid looking weak.
Here's my bottom line: America must always lead on the world stage. If we don't, no one else will. The military that you have joined is, and always will be, the backbone of that leadership. But U.S. military action cannot be the only - or even primary - component of our leadership in every instance. Just because we have the best hammer does not mean that every problem is a nail. And because the costs associated with military action are so high, you should expect every civilian leader - and especially your Commander-in-Chief - to be clear about how that awesome power should be used.
Hayes took to Twitter to accuse Obama of attacking a "straw man" and claimed nobody believes that "military intervention is the only way to avoid looking weak":
Within minutes of the tweet, Hayes criticized Obama's lack of leadership on Ukraine, a foreign policy issue Hayes has said demands military action:
Hayes's tweets make for a striking juxtaposition when placed in the context of his recent critiques of Obama's foreign policy. For example, on the April 23 edition of Fox News' Special Report with Bret Baier, Hayes accused Obama of "dithering" in his response to Russia's invasion of Crimea and claimed military intervention would have made him appear "resolute" (via Nexis):
HAYES: [If] we had said when Russia first invaded Crimea, if we had sent troops, hopefully more than 150, to our NATO allies at that time, it would have suggested that the president was resolute, that he was determined not to let Russia push our allies around. Instead what he did was dither for weeks and weeks and weeks on end. And now he does it almost grudgingly and because is he being badgered in part by members of Congress suggesting is he not doing enough, that he sends something that everybody recognizes. The United States, the Obama administration basically has to concede, members of Congress are calling him out on this. Our allies are saying this is just a symbol. This is basically just a symbol.
And on the March 19 edition of the show, Hayes mocked the president for what Hayes perceived to be a reluctance to intervene militarily against Putin in Ukraine.
HAYES: I think the overriding objective for the Obama administration on a number of different fronts, whether you're talking ability Iran, Syria, or Russia, is to avoid military confrontation. We can all understand why he wants to avoid it. Everybody would like to avoid it. But there comes a time where that can't be your leading objective. When you have one of the world's great powers invading other countries or annexing other sovereign states, you have to take that seriously.
The Supreme Court will soon decide Sebelius v. Hobby Lobby Stores, a case that could let owners of for-profit, secular corporations ignore the Affordable Care Act (ACA) and provide health insurance that does not cover preventive benefits like contraception. Right-wing media continue to advance multiple myths to support the owners of Hobby Lobby, despite the fact that these arguments have been repeatedly debunked by legal experts, religious scholars, and medical professionals.
Fox News repeatedly spun the words of House Minority Leader Nancy Pelosi (D-CA) to suggest she had finally acknowledged the importance of the select committee on Benghazi, when in fact Pelosi had stressed her objections to the committee and called it an unnecessary "partisan exercise."
Fox News has pushed reset on many of its favorite Benghazi myths that have already been put to rest in the wake of the recently released Rhodes email and the House GOP's announcement of the formation of a Select Committee to investigate the attacks.
Right-wing media personalities continued their tradition of attacking President Obama for filling out NCAA college basketball brackets, this time attacking Obama for filling it out while Russia annexed Crimea.
Fox attempted to revive the lie that the Affordable Care Act contains health care rationing in the form of "death panels" by pushing misleading claims about the law's prescription drug coverage.
On Fox's Special Report, guest host Doug McKelway asked the show's panel about a provision in the ACA that he claimed "is drastically limiting the availability of some drugs." Fox contributor Stephen Hayes claimed "patients with diseases and conditions that require medication not approved by Washington bureaucrats" may "have to go without it with potentially very serious implications." McKelway asked if the prescription drug provisions were "rationing or, as some people have said, the so-called death panels." Fox contributor Charles Krauthammer concluded: "We're learning how much rationing is the essence of Obamacare -- the rationing of doctors, the rationing of hospitals. Here we begin to understand the rationing of drugs. Next, and in the end, will be rationing of care."
Fox's description of the ACA's prescription drug coverage is misleading, and McKelway's "death panel" reference is outright irresponsible. The reality is that the way the ACA treats prescription drug coverage is in line with how private insurance companies have handled coverage for years.
Although Fox omitted it from its coverage, the ACA actually expands prescription drug coverage, including it as one of the 10 essential health benefits that all plans must provide. But just like the vast majority of currently offered health plans, plans offered under the ACA's health care exchanges will not provide full coverage to every prescription drug. These plans will be offered along with what's known as a drug formulary, a guide to what drugs the plan covers and how they cover it. As Think Progress' Igor Volsky pointed out, the use of a drug formulary is standard practice among health care plans:
Under the law, insurers must offer drug benefits as part of 10 essential health care benefits, meaning that millions of uninsured Americans will now have drug coverage for the very first time. But the coverage won't be limitless. Insurers will continue to rely on drug formularies -- as they currently do in the private market and Medicare Part D -- to decide which prescriptions are covered and which are not.
The ACA requires that issuers provide the greater of one drug from each category or class, or offer as many drugs in each category as are covered by a benchmark plan. The law allows states the choice of four different benchmarks, which Gottlieb helpfully lists in his article: 1) One of the three largest small group plans in the state by enrollment; 2) one of the three largest state employee health plans by enrollment; 3) one of the three largest federal employee health plan options by enrollment; or 4) the largest HMO plan offered in the state's commercial market by enrollment.
States -- not the federal government -- select the benchmark and insurers then offer coverage for the drugs listed in those formularies. "What the vast majority of states have chosen is a common small business plan, so you know it's saying what will be available in the exchanges and in the individual market generally is what's popular among small businesses now and that seems like a reasonable place to start," the Kaiser Family Foundation's Larry Levitt explained.
The law also has provisions for people who rely on a drug that isn't covered by their plan's formulary. Patients can apply for exceptions in the case of medical need:
What if a drug I take is not on the list?
Your doctor can ask for an exception for medical need so that the insurer will cover it. The Centers for Medicare and Medicaid Services is encouraging insurers to respond to such requests within three days. If your request is denied, you can go through your state's appeals process, which usually is handled by insurance regulators. If you still can't get coverage and need to take the drug, you'll have to bear the full cost out of pocket, as it won't count toward your deductible or your co-insurance maximum.
Fox News jumped on newly declassified transcripts from secret congressional hearings on the Benghazi attack, but ignored that the transcripts debunk some of the network's own favorite myths about the attack.
On January 13, the House Armed Services Committee released hundreds of pages of formerly classified transcripts of committee hearings on the September 11, 2012, attacks in Benghazi, Libya. According to the press release, the hearings were conducted over a period of several months by Rep. Martha Roby (R-AL), then-chairwoman of the Subcommittee on Oversight and Investigations.
Fox News' Special Report aired several segments on the declassified transcripts but hid the fact that many of the military officers and defense officials who testified during the hearings debunked myths that Fox itself had previously reported.
During the show, Fox national security correspondent Jennifer Griffin explained that the testimony of General Carter Ham, commander of AFRICOM at the time of the Benghazi attack, "debunks widespread speculation he was removed from overseeing the military operation because he wanted to do more militarily that night than he was allowed to by his superiors or the White House."
Griffin did not mention it, but that speculation appeared on Fox News.
Exactly one year after the attack, Sean Hannity hosted Charles Woods, father of one of the Americans killed in Benghazi. Woods explained that he wrote President Obama a letter asking the president to answer several questions, one of which concerned whether Ham was "relieved from duty for refusing to order the order from above not to rescue":
Fox News figures revived the tired falsehood that President Obama and his administration neglected to acknowledge Benghazi as a terrorist attack, this time adding speculation that Hillary Clinton may have played a role in the imaginary omission.
On January 13 the House Armed Services Committee released declassified transcripts of congressional briefings on the September 11, 2012 attacks in Benghazi, Libya. One portion of the transcripts detailed Marine Corps Colonel George Bristol, commander of an Africa-based task force during the Benghazi attacks, testifying that at the time of the assault in Benghazi, the military considered the assault to be an attack.
That evening's Special Report presented Bristol's words as groundbreaking, suggesting they indicted both the Obama administration and former Secretary of State Hillary Clinton.
The Weekly Standard's Steve Hayes, a Fox contributor called it "a pretty significant development" because "[f]or the president and his advisers to go out and for two weeks pretend that that wasn't the case is quite extraordinary." And NPR's Mara Liasson, also a Fox contributor, took the claims even further, wondering if Clinton "might be tied in some way to ... deciding not to call it a terrorist attack."
From the January 6 edition of Fox News' Special Report with Bret Baier:
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Right-wing media have responded to a Supreme Court justice's decision to temporarily block the Affordable Care Act's (ACA) birth control mandate by falsely claiming that abortifacients are included in the coverage required by the health care law.
Right-wing media claimed opposition to the Affordable Care Act influenced the Virginia governor election despite polls that show the health reform law was an insignificant factor in the race.
Fox News regularly turns to serial misinformers and right-wing activists to analyze the Affordable Care Act. Here is a guide to Fox's health care "experts" and their history of misinformation.