The Wall Street Journal applauded another anti-worker decision of the extremely conservative U.S. Court of Appeals for the D.C. Circuit and touted its escalating attacks on the National Labor Relations Board.
The D.C. Circuit is considered second only to the Supreme Court in importance because it has jurisdiction over the bulk of challenges to government action and regulations ranging from national security to environmental law. It is currently skewed to the far right, due to a highly successful court-packing effort by the Republican Party. The results have been predictably devastating for government protections that offend big business sensibilities.
The National Labor Relations Board (NLRB) - frequent bogeyman of the right - has been a victim of this ideological bias, and the WSJ highlighted the D.C. Circuit's radical decision invalidating the president's last two nominees to the NLRB when commentating on a more recent judicial "smackdown" of worker rights. From the WSJ:
[T]he D.C. Circuit Court of Appeals, ruling in National Association of Manufacturers v. National Labor Relations Board, struck down the NLRB's diktat that businesses put up pro-union posters in the workplace. That, the court said, violated employer free speech rights in place since Congress's 1947 Taft-Hartley Act. It got worse.
Before even getting to the heart of his opinion, Judge A. Raymond Randolph wrote, "Although the parties have not raised it, one issue needs to be resolved before we turn to the merits of the case." That "one issue" is of course the now-famous Noel Canning case, the D.C. Circuit's January opinion which held that President Obama's non-recess recess appointments to the NLRB were illegal, and thus hundreds of past and current NLRB rulings are illegitimate. While the poster rule was not affected by Canning, the appeals court felt the need to remind the NLRB of its current, weak status. Ouch.
The specific case that the WSJ used to attack the legitimacy of the NLRB in general, National Association of Manufacturers, is disturbing in its own right, if sadly typical of an appellate court that has proven to be hostile to regulations that seek to curb corporate excess. Utilizing a strained reading of the First Amendment, the D.C. Circuit held that a NLRB rule that required employers to display a notice informing workers of their rights under the National Labor Relations Act (NLRA) of 1935 impermissibly compelled employer speech.
Right-wing media continue their relentless campaign to undermine the Labor Secretary nomination of Thomas Perez, pushing the baseless claim that he acted unethically in his involvement with a withdrawn Supreme Court case that could have undone decades of civil rights precedent.
The Wall Street Journal and the National Review Online have been at the forefront of allegations, most recently made by the WSJ on May 6, that Perez perpetuated a "shady quid pro quo" with the City of St. Paul, Minnesota, because of his involvement in deliberations that resulted in a withdrawn Supreme Court case, Magner v. Gallagher, and the decision of the Department of Justice to not intervene in an unrelated False Claims Act lawsuit.
By holding a surprise hearing for the "whistleblower" who initiated the False Claims Act case against St. Paul, Congressional Republicans have used the allegations that something "awfully suspicious" occurred to push back Senate mark-up of Perez's nomination until May 8. The "whistleblower," a small business owner named Frederick Newell, may have lost a sizeable sum of money he could have been awarded if DOJ had intervened. As explained by Mother Jones, "given all the hard work he put in, it's understandable he's ticked off at Perez. But the fact that Newell didn't get his money doesn't mean Perez did anything improper."
Indeed, it's unclear if Newell could have won even if DOJ had joined the case. DOJ's top expert on these sorts of claims, Deputy Assistant Attorney General Michael Hertz, determined the case was weak, reportedly deciding "this case sucks" and to not intervene. The Magner case at the other end of this "quid pro quo," however, was of far greater significance.
Because Magner had the potential to present yet another opportunity for the conservative Justices to dismantle long-standing civil rights precedent, advocates ranging from civil rights attorneys to former Vice President Walter Mondale joined the DOJ in requesting St. Paul drop its appeal that had brought the case to the Supreme Court. In a recent op-ed for Politico, Wade Henderson, president and CEO of The Leadership Conference on Civil and Human Rights, explained the stakes:
As any lawyer knows, bad facts make bad law. This adage aptly applies to a fair housing case involving the city of St. Paul, Minn., that is now being unfairly used to tarnish the integrity of Tom Perez[.]
What made [Magner] so unusual was landlords' claim that by enforcing housing codes against them the city was committing a civil rights violation under the Fair Housing Act. Their argument was that bringing their buildings up to code would cost too much money, cause them to dispose of the properties and thus, affect the access of their minority tenants to housing. The district court dismissed the landlords' claims, but they prevailed on appeal.
This case represented a real threat to established civil rights laws that have protected millions of Americans from discrimination. It would be a real threat to the integrity of the Fair Housing Act if these landlords could use it to keep tenants in squalor.
St. Paul's mayor, Chris Coleman, was working with Perez on this issue and on an unrelated False Claims Act case against the city. The false claims case was relatively weak, and the Justice Department chose to dismiss it. During this same period, I was among the civil rights advocates who initiated conversations with the mayor to ask if he would withdraw the city's Supreme Court appeal in the landlords' case. Coleman's public interest background and commitment to preserving the Fair Housing Act made him uniquely sympathetic to our concerns. After due deliberation, the city dropped its Supreme Court appeal.
Fox News devoted significantly more airtime to the Heritage Foundation's claims that providing legal status to undocumented immigrants will have negative fiscal impact, but mostly ignored pro-immigration rallies during the same period.
The Wall Street Journal ignored the role of government employment in economic recovery, writing that "government needed austerity" and that hiring "is unsustainable given current debt and tax burdens." The decline in total government employment, which is historically unusual following a recession, is harming the recovery and slowing economic growth.
In a May 3 editorial, the WSJ claimed the decline in government employment was a response to President Obama's stimulus package, advocated further austerity for federal hiring, and ignored the public sector's role in boosting economic growth. From the article:
Another good sign is that private hiring continues to make up for flat employment in government. Public payrolls fell marginally by 11,000 in April, which has the Keynesians on Wall Street and in Washington moaning about "austerity." But after the artificial hiring of the Obama stimulus, government needed austerity and should get a lot more. Private hiring can build on itself as the economy grows, while government hiring is unsustainable given current debt and tax burdens.
In fact, total public-sector employment, which was increasing after 2007, has been in decline for the past four years. The austerity in the public sector has gone beyond counteracting hiring from the recovery act, falling significantly below pre-recession levels:
In the past, economic recoveries following a recession have benefitted from public-sector job growth. This graph from the Economic Policy Institute demonstrates the difference in public-sector employment following the 2007 recession compared to recessions since 1981:
Wall Street Journal online editorial page editor James Taranto ignored the thousands of hate crimes committed against minorities each year, misleadingly fixating on four allegedly falsified incidents to claim minority oppression "scarcely exists."
In a May 2 Journal post, Taranto focused on four incidents in which individuals allegedly falsely claimed they were the victims of hate crimes, and claimed that these "phony" accusations were "common, especially on college campuses." He concluded:
Oppression of minorities, and certainly of women, scarcely exists in America in the 21st century. Genuine hate crimes happen, but they are very rare. Few societies in history have offered more security to the previously downtrodden. But the presence of security only makes the need for identity and stimulation more pressing. Hate-crime hoaxes are an extreme way of meeting those needs.
Taranto's fixation on a small number of discredited cases hides the reality that hate crime in the United States is not as rare as he claims. According to the FBI's most recent data, law enforcement agencies reported thousands of hate crimes in 2011 alone:
- In 2011, 1,944 law enforcement agencies reported 6,222 hate crime incidents involving 7,254 offenses.
- There were 6,216 single-bias incidents that involved 7,240 offenses, 7,697 victims, and 5,724 offenders.
- The 6 multiple-bias incidents reported in 2011 involved 14 offenses, 16 victims, and 7 offenders.
These crimes included murder, rape, assault, intimidation, and destruction or theft of property. According to the data, most of the crimes were motivated by racial bias, followed by bias against sexual orientation, religion, ethnicity and national origin, and disability.
However, these numbers likely underestimate the true amount of hate crime in the United States. Business Insider explained that hate crimes are vastly under-reported to the FBI, as the data "is highly dependent on reports from local police, some of whom are better at reporting hate crimes than others."
Indeed, according to the Bureau of Justice Statistics, a subdivision of the U.S. Department of Justice, only 35 percent of hate crimes from 2007 to 2011 were reported to the police. Accounting for hate crimes not reported to authorities, the Bureau of Justice Statistics found that there were 181,190 violent hate crimes in 2011. An additional 13,200 violent hate crimes were motivated by gender bias, which the FBI does not track. The percentage of violent hate crimes that resulted in an arrest declined from 10 percent in 2003 - 2006 to 4 percent in 2007 - 2011.
Taranto's baseless dismissal of oppression is unsurprising given his history, including claiming that the "legal regime ... is highly indulgent of sexual-harassment allegations" and attacking the Voting Rights Act.
The Wall Street Journal continued its questionable disclosure practices with Karl Rove by publishing a column in which Rove advocates that the Republican Party adopt a strategy that a group backed by him -- the Conservative Victory Project -- has been pursuing, without noting his role in the group.
In a May 1 Journal column, Karl Rove highlighted what he felt the Republican Party should do in order to win enough seats to gain the majority of the U.S. Senate in 2014. He argued that Republicans need to out fundraise Democrats and that Republicans need to nominate electable candidates:
Republican success will depend on having quality Senate candidates. Todd Akin and Richard Mourdock self-destructed last fall, and other candidates squandered important opportunities.
Fundraising is important. Last year, Democratic Senate candidates outraised Republicans by $60 million (not including the Connecticut and Pennsylvania races with GOP self-funders). The Democratic Senatorial Campaign Committee outraised its GOP counterpart by an additional $20 million. Republicans won't make big pickups if there's a disparity like this in 2014.
The quality of GOP campaigns will matter as well. Republicans must go toe-to-toe with Democrats on ObamaCare, spending, deficits, the president's social agenda and, where appropriate, their opponent's character. But even done effectively, this won't be enough.
The Journal disclosed that Karl Rove "helped organize the political action committee American Crossroads," but did not disclose that he is reportedly involved with the Conservative Action Project -- an effort by conservatives to raise money to help nominate electable candidates, that The Hill reported is "being operated independent of" American Crossroads. A February 2 New York Times article described the Conservative Victory Project as an attempt to raise money in order:
[T]o recruit seasoned candidates and protect Senate incumbents from challenges by far-right conservatives and Tea Party enthusiasts who Republican leaders worry could complicate the party's efforts to win control of the Senate.
The group, the Conservative Victory Project, is intended to counter other organizations that have helped defeat establishment Republican candidates over the last two election cycles. It is the most robust attempt yet by Republicans to impose a new sense of discipline on the party, particularly in primary races.
The Conservative Victory Project, which is backed by Karl Rove and his allies who built American Crossroads into the largest Republican super PAC of the 2012 election cycle, will start by intensely vetting prospective contenders for Congressional races to try to weed out candidates who are seen as too flawed to win general elections.
The project is being waged with last year's Senate contests in mind, particularly the one in Missouri, where Representative Todd Akin's comment that "legitimate rape" rarely causes pregnancy rippled through races across the country. In Indiana, the Republican candidate, Richard E. Mourdock, lost a race after he said that when a woman became pregnant during a rape it was "something God intended."
The Journal's past disclosure problems have been widely criticized. With Rove, the Journal for months failed to disclose Rove's affiliation with American Crossroads in columns in which he attacked President Obama and advocated for action that was being taken by his political groups. After current and former editorial page editors at major national and regional newspapers deemed the Journal's lack of disclosure "negligent," the Journal ultimately corrected this problem in September 2012.
Additionally, during the 2012 presidential election, the Journal had similar disclosure problems with numerous op-ed writers who were not identified as Romney advisers in pieces that criticized Obama or praised Romney. Editorial page editors also criticized this practice.
A Wall Street Journal columnist cited a new Urban Institute study on the increased wealth gap between communities of color and whites to both revive the debunked accusations that fair housing policies caused the subprime mortgage bubble and falsely link Assistant Attorney General Thomas Perez to these claims.
Continuing the outlet's relentless attacks on current Labor Secretary nominee Perez, editorial board member Jason Riley wrote a WSJ column claiming Perez is responsible for the racial wealth gap documented by a recent Urban Institute report by purportedly "saddl[ing] a lot of minorities with foreclosed homes, huge debt burdens and bad credit scores."
The support for this backwards allegation was that as head of the Civil Rights Division at the Department of Justice under President Obama, Perez effectively pursued lawsuits against banks that impermissibly discriminated against communities of color during the administration of former President George W. Bush. From the WSJ:
Not surprisingly, neither the Urban Institute nor the New York Times have much to say about the federal policies that pushed lenders to loan money to people unlikely to be able to repay it. But the reality is that well-intentioned housing policies aimed at low-income minorities have ultimately left those folks worse off.
President Obama's nominee for labor secretary, Thomas Perez, made a name for himself in the Justice Department by shaking down some of these lenders for "racial discrimination" if blacks and Hispanic applicants weren't approved for some loans at the same rate as whites. Other lenders got the message.
Mr. Perez is getting a promotion, and the Obama administration is patting itself on the back for pursuing these so-called fair-lending cases. Of course, all they've really done is saddle a lot of minorities with foreclosed homes, huge debt burdens and bad credit scores.
Fox News covered Democratic criticism of harmful and unnecessary spending cuts as a purely political maneuver, without acknowledging that those criticisms are reflected in actual economic data, and echoed by economists and even by House GOP leadership.
On the April 29 edition of America's Newsroom, host Bill Hemmer set up an interview with Wall Street Journal editorial board member Stephen Moore by suggesting that only Democrats argue that America is not in a "debt crisis," and hinted that the raw total of U.S. debt belies that claim. Moore proceeded to divert the conversation far away from economic reality, first citing a Fox News poll on public concerns about the debt, then accusing anti-austerity Democrats of merely seeking to protect "the favored programs that they care about," before finally misleading viewers on the relationship between economic growth and spending cuts. From America's Newsroom:
There are a few layers of deception to unpack here:
These sorts of facts in the U.S., and related ones from other economies, are threatening to upend the entire austerity movement, as Irwin observes. But while that debate proceeds and evolves elsewhere, Fox News continues to offer conservatives a venue to avoid reconciling ideology and fact.
A Wall Street Journal article debunked the myth that federal disability benefits are to blame for the shrinking labor force, "exaggerated" claims that have previously been pushed by the paper itself.
An April 29 Journal article headlined "Real Culprit Behind Smaller Workforce: Age" explained that the recent decrease in the labor force -- the number of employed and unemployed Americans who are currently seeking work -- "has more to do with retiring baby boomers than frustrated job seekers abandoning their searches." The article noted that claims that Americans are voluntarily leaving the workforce to receive Disability Insurance instead of working, for example, "may be exaggerated," and explained that retirees and students made up a far more significant portion of those leaving the labor force. The article included the following graph, showing disability was the least common reason for individuals leaving the workforce in March 2013:
However, the Journal has previously pushed the myth that Disability Insurance accounted for much of the dropping labor force participation rate. An April 10 article headlined "Workers Stuck in Disability Stunt Economic Recovery" claimed that workers receiving disability benefits were costing the economy billions by not instead participating in the labor force, and quoted economist Michael Feroli's claim that "worker flight to the Social Security Disability Insurance program accounts for as much as a quarter of the puzzling drop in participation rates, a labor exodus with far-reaching economic consequences." These claims are in direct contradiction to the Journal's most recent reporting.
According to Center for Economic and Policy Research co-director Dean Baker, research shows if more individuals who receive disability benefits worked, it would have a relatively minor effect on employment figures. Harold Pollack, an expert on disability policy at the University of Chicago's School of Social Service Administration, dismissed the idea that disability benefits might be "luring away people who could work." Despite these facts, media continue to attack federal disability benefits by pushing the false claim that disability programs harm the economy.
A Wall Street Journal editorial advanced the myth that Congress is trying to exempt itself from President Obama's health care law. In fact, Congress is attempting to fix an error in the law that prevents the government from making its normal contribution to staffers' health insurance.
Basing its editorial on an April 24 Politico article, the Journal wrote that "Congressional leaders were in hush-hush talks to exempt themselves and their staff from the wonders of ObamaCare." The editorial, headlined "Exempting Congress From ObamaCare," continued:
In March 2010 Mr. Grassley tried again to apply the law to all Congressional personnel and to White House officials. His amendment received every Republican vote but it was defeated with 55 Democrats (plus Socialist Bernie Sanders) voting no. However, thanks to Mr. Grassley's earlier success, the law still covered Members of Congress and some of their aides -- hence their latest effort to wiggle out of the ObamaCare mandates.
Congress will eventually find some way to protect itself, but its subterranean scrambling to do so exposes one of ObamaCare's greatest deceits: That if you like the insurance you have, you'll be able to keep it. Even the people who wrote the law don't believe it.
But as The Washington Post's Ezra Klein has explained, Congress is not discussing "exempting" itself from the health care law; it's attempting to fix an error in the law that prevents the government from making its current contribution to the insurance premiums of congressional staffers:
Back during the Affordable Care Act negotiations, Sen. Chuck Grassley (R-Iowa) proposed an amendment forcing all members of Congress and all of their staffs to enter the exchanges. The purpose of the amendment was to embarrass the Democrats. But in a bit of jujitsu of which they were inordinately proud, Democrats instead embraced the amendment and added it to the law.
But no one is discussing "exempting" congressional staffers from Obamacare. They're discussing creating some method through which the federal government can keep making its current contribution to the health insurance of congressional staffers.
Fox News contributor Judith Miller wrote a highly speculative Wall Street Journal op-ed that claimed New York City police surveillance practices "may well have... prevented" the Boston bombing, ignoring that the constitutionality of these programs is currently being challenged in court and their efficacy is questioned.
In the April 24 op-ed, Miller lauded the New York Police Department (NYPD) for its blanket surveillance of American Muslim communities, which has extended beyond the jurisdiction of New York City. According to Miller, this extensive spying program "is a model of how to identify and stop killers like the Tsarnaev brothers before they strike" and should be emulated by other cities. From the WSJ:
[T]he city has developed a counterterror program that is a model of how to identify and stop killers like the Tsarnaev brothers before they strike. The 1,000 cops and analysts who work in the NYPD's intelligence and counterterrorism divisions, for instance, would likely have flagged Tamerlan Tsarnaev for surveillance, given Police Commissioner Ray Kelly's insistence on aggressively monitoring groups and individuals suspected of radicalization.
The NYPD maintains close ties to Muslim preachers and community leaders, as well as a network of tipsters and undercover operatives.
Once the department had Tamerlan under surveillance, the NYPD's cyberunit might have detected his suspicious online viewing choices and social-media postings. Other detectives might have picked up his purchase of a weapon, gunpowder and even a pressure cooker--an item featured in an article, "How to Build a Bomb in the Kitchen of Your Mom," in the online al Qaeda magazine Inspire.
Even if the NYPD hadn't been watching Tamerlan, it might have been tipped off to such suspicious purchases thanks to its Nexus program. Since the program's launch in 2002, the department has visited more than 40,000 businesses in the metropolitan area, encouraging business owners and managers to report suspicious purchases or other activities potentially related to terrorism.
Media outlets including NPR and Fox News are targeting federal disability benefits programs through a campaign deceptively portraying these programs as wasteful and unsustainable. In reality, these programs have low fraud rates and help the rising number of Americans with severe disabilities survive when they are unable to work.
Nearly three years ago, as reporters shifted their focus away from the Gulf oil spill, they managed to overlook a pipeline spill that happened just 10 days after the BP well was capped. Their oversight was a boon to a non-profit with only seven full-time employees, which recently beat leading national newspapers in the race for the national reporting Pulitzer Prize for its investigative reporting on that spill.
The non-profit InsideClimate's award-winning report on the oil spill in Michigan's Kalamazoo River, titled "The Dilbit Disaster: Inside The Biggest Oil Spill You've Never Heard Of," noted that the national press was uninterested in the spill:
Despite the scope of the damage, the Enbridge spill hasn't attracted much national attention, perhaps because it occurred just 10 days after oil stopped spewing from BP's Macondo well in the Gulf of Mexico, which had ruptured three months earlier. Early reports about the Enbridge spill also downplayed its seriousness. Just about everybody, including the EPA officials who rushed to Marshall, expected the mess to be cleaned up in a couple of months.
The pipeline that leaked in Michigan was carrying bitumen extracted from tar sands and diluted with liquid chemicals, including the known human carcinogen benzene. The proposed Keystone XL pipeline would carry the same type of crude. InsideClimate reported that officials initially were not aware that the pipeline was carrying diluted bitumen, or dilbit, and the characteristics of this heavy crude -- namely that it sunk to the river floor rather than floating like conventional light crude -- compounded challenges for the clean-up crew. Officials had to learn how to clean it up as they went along, helping make it the most costly pipeline spill on record.
Just last month, another pipeline carrying dilbit spilled in Arkansas, and this Saturday will mark the 3rd anniversary of the explosion of BP's Deepwater Horizon oil rig, which led to the largest offshore oil spill in history. A Media Matters study found that even after the recent Arkansas spill, media have continued to overlook the risk that the Keystone XL pipeline could spill dilbit into the large aquifer or the sensitive ecosystem it will cross. Pew Research found that less than a month after the BP oil well was capped, only 3 percent of news coverage focused on the spill, even though 44 percent of Americans said that they were still following the story more closely than any other issue.
These repeated plunges in coverage belie the impacts of oil spills, which are ongoing. Three years later, the BP spill is still harming many species critical to the Gulf's food chain. And as a The New York Times editorial stated, "The toll on the gulf and its marine life may not be known for years. The herring population of Alaska's Prince William Sound did not crash until three years after the Exxon Valdez spill."
The dearth of long-term investigative reporting on oil spills also obscures the need for policy reform, which reports like InsideClimate's have exposed:
The Wall Street Journal speculated that Labor secretary nominee Thomas Perez's "Spanish surname" would be the reason for his confirmation by the Senate, dismissing his qualifications and bipartisan support and reviving debunked right-wing media attacks on his record.
Perez is the Assistant Attorney General for the Justice Department's Civil Rights Division and was nominated for the position of Secretary of Labor by President Obama in March. The Associated Press reported that the Senate would begin Perez's confirmation process on April 18.
In an editorial in the April 18 print edition of the paper, the Journal implied that Perez's surname was the only reason that he might be confirmed instead of being blocked by Republicans:
Thomas Perez gets his Senate confirmation hearing Thursday, and our sources say Republicans are unlikely to ask more than a few tepid questions of the Labor nominee. They don't want to be seen opposing someone with a Spanish surname. That speaks volumes about Washington's current political standards, because Mr. Perez has more or less admitted that he deep-sixed a Supreme Court case to further his political agenda.
In addition, the Journal revived the repeatedly debunked claim that Perez improperly interfered in a St. Paul, MN, decision not to pursue a United States Supreme Court ruling in a civil rights case, accusing Perez of "stomping on minority claims":
To sum up, Mr. Perez fancies himself a civil-rights hero but he's happy to stomp on other minority claims when they interfere with his political priorities. He is fine with bending the law to suit his ideological purposes. This kind of behavior should be unacceptable in any government official.
Contrary to the Journal's claims, Perez is more than a Latino with a record smeared by conservative media. He enjoys the support of Republican officials that served in past administrations.
Wall Street Journal columnist Allysia Finley smeared "legal legend" federal Judge Thelton Henderson, the Department of Justice's first African-American civil rights attorney, and ignored Supreme Court precedent in order to attack a recent court ruling that re-affirmed California's prisons are unconstitutionally overcrowded.
On April 11, a three judge panel issued a "blistering" opinion that denied California's most recent request to be released from its court-ordered obligations to reduce unconstitutional overcrowding in its prison system, and warned the state it would be found in contempt if it continued to delay its compliance. The panel included Henderson, the judge who the state deferred to in the original class-action suit. From the WSJ, which characterized Judge Henderson as "dangerous to the constitutional system of checks and balances," Finley wrote:
Judge Henderson is perhaps best known for his infamous decision in 1996 to block California's Prop. 209, a voter approved-initiative banning affirmative action in state government and institutions, on the pretext that the ballot measure was discriminatory and likely unconstitutional.
Judge Henderson boasted to the San Jose Mercury last year that the Prop. 209 opinion was "probably as careful a decision as I've ever drawn up."
That sets a low bar for assessing a 2006 Henderson decision which held that sub-standard medical care in California prisons violated the 8th amendment's prohibition against cruel and unusual punishment.
When [Governor Jerry] Brown suggested he would appeal the panel's court order to the Supreme Court, Judge Henderson and his liberal peers on the panel (also appointed by Mr. [Jimmy] Carter) threatened to hold him in contempt and dun the state.
Mr. Brown has in the past favored using the courts to redress social inequities, but perhaps his judicial thinking will evolve after getting mugged by liberal judges and the plaintiffs bar.