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  • Right-wing media's anti-abortion misinformation playbook for 2020

    Blog ››› ››› JULIE TULBERT


    Melissa Joskow / Media Matters

    President Donald Trump and other conservative candidates have already signaled that anti-abortion lies will be a core part of their 2020 playbook -- tactics that right-wing media are certain to amplify in order to fearmonger and rally support ahead of the election. In line with this, right-wing outlets have already been badgering Democratic candidates about their stances on abortion access, in some cases smearing them with sensationalized and inaccurate tropes about later abortions.

    Following the introduction of measures in New York, Virginia, and other states to ensure abortion access if the Supreme Court overturns Roe v. Wade, right-wing media generated a firestorm of coverage that mischaracterized Democrats’ efforts to protect abortion rights as promoting “infanticide” or so-called abortion “up to birth.” In reality, the idea that abortions happen up to the “moment of birth” is a fiction fueled by right-wing media and does not reflect any actual medical procedures performed in the U.S. Rather, abortions that happen later in pregnancy are performed for complicated personal and medical reasons, with the people anti-choice advocates compare to murderers often having to make the difficult decision to end a wanted pregnancy. In other instances, people need abortions later in pregnancy due to anti-choice restrictions prohibiting or greatly delaying earlier access.

    Beyond broadly alleging that Democrats support abortion “up to birth,” right-wing media have also promoted the false claim that pro-choice candidates are in favor of denying care to babies “born alive” after so-called “failed abortions.” These alleged “born alive” abortions that right-wing media protest are not based in any medical practice or standard of care, as Rewire.News reported in 2013. Nevertheless, Republicans in Congress recently introduced the Born-Alive Abortion Survivors Protection Act to aid so-called “abortion survivors” who are “born alive” following an attempted abortion procedure. As doctors Daniel Grossman and Jennifer Conti pointed out to The New York Times, it is more likely that the bill would force doctors to pursue treatment options that run counter to patients’ wishes -- such as ensuring that a fetus delivered “at the edge of viability” but unlikely to survive could not receive “comfort care” which would “allow the child to die naturally without extreme attempts at resuscitation.” In addition, as writer Robin Marty explained, the bill could also be used opportunistically by anti-choice opponents to prosecute abortion providers.

    Right-wing media and anti-abortion groups have used these manufactured controversies as part of a playbook for attacking abortion rights supporters and have already proven they'll deploy the same strategy against candidates. The playbook involves:

    1) Hounding candidates with anti-choice questions -- and spinning any abortion-related answers -- to generate an outrage-based news cycle

    2) Manufacturing fake “grassroots” support for anti-choice misinformation

    3) Using candidate comments about unrelated topics as a jumping-off point to criticize them about abortion

    1. Hounding candidates with anti-choice questions -- and spinning any abortion-related answers -- to generate an outrage-based news cycle

    The tactic

    Although right-wing media have long represented Democratic positions on abortion in bad faith, the campaign trail has given these outlets more opportunities to hound candidates with inaccurate and sensationalized questions about abortion to intentionally generate outrage. In addition, others in the right-wing and anti-abortion media echo chamber are then able to pick up these comments -- or really any comment from candidates on abortion -- and spin them to fit predetermined anti-choice narratives. Thus far, those anti-choice narratives have been focused on Democrats’ alleged support for abortion “up to birth” or even after.

    Unfortunately, this has permeated beyond right-wing media and several outlets outside of this ecosystem have adopted this inaccurate framing. Already in 2019, non-right-wing outlets have uncritically repeated dangerous lies about abortion from Trump’s State of the Union address and echoed the language used by right-wing media and Republicans about efforts to secure a vote for the so-called Born Alive Abortion Survivors Protection Act.

    Examples

    Beto O’Rourke

    Presidential candidate and former Rep. Beto O’Rourke (D-TX) received a flurry of inaccurately framed questions about his stance on abortion in March. On March 18, at a campaign event in Ohio, Millie Weaver (also known as “Millennial Millie”), a staffer from the far-right conspiracy outlet Infowars, questioned O’Rourke about his support for abortion access later in pregnancy. Relying on an inaccurate right-wing framing of the topic, Weaver asked:

    Are you for third-trimester abortion or are you going to protect the lives of third-trimester babies? Because there is really not a medical necessity for abortion. It’s not a medical emergency procedure because typically third-trimester abortions take up to three days to have. So, you would -- in that sense, if there was an emergency, the doctors would just do a C-section, and you don’t have to kill the baby in that essence. So, are you for or against third-trimester abortions?

    In her subsequent article about the event, Weaver continued to distort the premise of the question, as well as misrepresenting O’Rourke’s answer. Weaver claimed that she asked “if he supports up-to-birth abortions” and that his answer that abortion should be “a decision that the woman makes” showed he “endorses third-trimester abortions.”

    After that, O’Rourke was peppered with similar questions about abortion from other right-wing outlets and reporters. For example, after Weaver's question, The Washington Examiner’s Salena Zito -- known for producing “revealing dispatches from Trump country” that have drawn claims of fabrication and plagiarism -- asked O’Rourke whether he supported access to third-trimester abortions “to make sure” there was “clarity” about his previous answer. Zito ultimately wrote that “O’Rourke has refused to rule out abortions more than six months into a pregnancy,” but she noted on Twitter that supporters’ “cheers” in reaction to his answer “told me so much about the state of what Democrats want from their eventual nominee.” Apparently dissatisfied that his answer didn’t garner broader coverage, Zito followed up with another piece about O’Rourke’s “extreme abortion stance” days later, complaining:

    It is hard to find any D.C. reporters in a mainstream news organization writing about a viewpoint professed by a Democratic presidential candidate as being “extreme” or “radical.” Yet had this been a Republican candidate coming out in support of something the majority of Americans find impossible to support, it would be a headline for days, followed by asking every Republican running or holding office if they support that radical position as well.

    Right-wing media used O’Rourke's answers to these bad faith questions to claim that he supports abortion “up to birth” or beyond and to say that this view represents the Democratic “party line” on abortion. Fox News, Townhall, and The Daily Wire published articles condemning the alleged position of O’Rourke and the Democratic Party on abortion access. Right-wing media figures echoed this approach, with the Daily Wire’s Ben Shapiro saying on Fox & Friends that “Beto O'Rourke and every other major Democrat feel forced to embrace this position, that you have to be for abortion up to and sometimes beyond the point of birth. It just demonstrates the radicalism of the Democratic Party.”

    Fox News host Sean Hannity dedicated an entire opening monologue on March 19 to this claim. Hannity claimed that O’Rourke’s comments were further evidence of the Democratic Party’s “barbaric abortion agenda” and said, “If Democrats get their way, well, third-trimester abortion, including infanticide during and after birth -- well, that would be perfectly legal and readily available. Sadly, they’re fighting for that. They would protect infanticide seemingly above all else.” To further his point, he also displayed this on-screen graphic:

    Anti-abortion groups and other conservative figures signal-boosted right-wing media’s claims about the alleged “extremism” of O’Rourke’s position (and by extension, the Democratic Party’s). For example, American Conservative Union chair Matt Schlapp presented the comments as part of Democrats’ efforts to allow so-called “post-birth abortion.” Anti-abortion group Live Action claimed O’Rourke “barbarically defends abortion until birth." Kristan Hawkins, president of anti-abortion group Students for Life of America, tweeted:

    Anti-abortion group Susan B. Anthony List even sent supporters a fundraising appeal citing O’Rourke’s comment, saying the organization needed followers to make “a pro-life contribution” to help the group “fight back in the name of saving ALL babies and to STOP Beto O’Rourke’s extreme pro-abortion and pro-infanticide agenda.”

    Outlets outside of the right-wing media ecosystem have also adopted this framing at times without offering pushback. Newsweek published Weaver’s question to O’Rourke (but identified her as “a crowd member”) and O’Rourke’s response, but did not provide adequate context about what support for abortions later in pregnancy means or dispute the flawed premise of Weaver’s question. The Hill also reported on O’Rourke’s responses to Weaver and to the Washington Examiner, but focused on his “fundraising status” and "national prominence” without noting the flawed basis of the questioning itself.

    Bernie Sanders

    During a Fox News town hall event, candidate Sen. Bernie Sanders (I-VT) was also asked an inaccurate question based on anti-abortion misinformation. Notably, Fox News is attempting to leverage Democratic candidate town halls to sanitize the network’s image, which is currently suffering as companies become less willing to associate with its toxic commentary. During Sanders’ town hall, anchor Martha MacCallum -- who works on Fox’s “news” side but has a history of pushing anti-abortion lies -- asked Sanders, “With regard to abortion, do you believe that a woman should be able to terminate a pregnancy up until the moment of birth?”

    Sanders’ answer that abortion in the third-trimester "happens very rarely” and “the decision over abortion belongs to a woman and her physician” predictably evoked the ire of right-wing and anti-abortion media, with one headline proclaiming “Bernie Sanders Supports Abortions Up to Birth, Okay to Kill Babies Up to Birth Because ‘It’s Rare.’” During the April 16 edition of Tucker Carlson Tonight, host Tucker Carlson said of Sanders’ comments, “Like 10 years ago, that would be considered like an extreme position. Today, it's the moderate position in the Democratic Party. Some are defending ‘infanticide’ just flat-out. Safe, legal, and rare. No. That's not at all the position today. It should be free, frequent, and horrifying.” Anti-abortion advocate Lila Rose similarly (and inaccurately) summarized Sanders’ response:

    Elizabeth Warren

    In March, Democratic presidential candidate Sen. Elizabeth Warren (D-MA) received a question about the so-called “Born Alive” bill when someone in a crowd shouted at her, “What about the babies that survive abortion? How come they can’t have health care?” Warren replied that “infanticide is illegal everywhere in America” and moved on. Despite Warren’s accurate characterization of the bill, right-wing outlets spun the answer as Warren defending her “abortion extremism” or intentionally avoiding answering the question.

    Cory Booker

    In April, candidate Sen. Cory Booker (D-NJ) said people have started to ask him if he voted for a bill that allows “us to kill babies when they’re born.” Booker responded by saying, “That is a felony” and explaining that the bill (meaning the “Born Alive” bill) was “put forth to try to create schisms and differences between us.” Predictably, anti-abortion and right-wing media claimed Booker was “defending voting for infanticide.”

    Pete Buttigieg

    Right-wing and anti-abortion media utilized comments from South Bend, IN, Mayor and candidate Pete Buttigieg about abortion and reproductive rights to push misinformation -- with at least one outlet outside of right-wing media circles falling for this false premise in subsequent coverage.

    Following comments from Buttigieg in March that he supported measures introduced to protect abortion access in Virginia and New York, National Review’s David French argued that Buttigieg “has zero appeal to religious conservatives so long as he holds to the Democratic party line on the right of a woman to hire a doctor to kill a viable, living unborn baby.” During Buttigieg’s candidacy announcement speech, he said that “women’s equality is freedom, because you’re not free if your reproductive health choices are dictated by male politicians or bosses.” Fox News host Laura Ingraham argued during the April 15 edition of her show that Buttigieg’s vision of “reproductive freedom” apparently does not include “the unborn child in the womb or, for that matter, the child born ... after a botched abortion in this new Democrat Party. I don't see the freedom there.”

    This framing spread beyond the right-wing media echo chamber on the April 18 edition of MSNBC’s Morning Joe. During the segment, co-host Willie Geist asked Buttigieg about third-trimester abortions, and, after Buttigieg noted that it can be an “incredibly painful set of decisions in these horrifying medical cases,” Geist said, “But to people who would criticize that, they’d say, ‘Actually there is a pretty easy answer -- that’s a fundamental child in the third term … of pregnancy, that is a human being who could be born alive and have a great and full life,’ and so it is a pretty easy question to people who would criticize your answer.” Geist’s question relied on right-wing framing and anti-abortion misinformation that he and the other hosts did not refute. The back-and-forth was picked up by right-wing and anti-abortion outlets, which spread further misinformation about Buttigieg’s answer, with LifeNews.com tweeting that Buttigieg “is perfectly fine with killing defenseless unborn babies in abortions right up to birth.” 

    In each instance, right-wing media relied on either inaccurately framed questions or dishonest spin to generate outrage and drive additional news cycles about alleged Democratic extremism on abortion.

    2. Manufacturing fake “grassroots” support for anti-choice misinformation

    The tactic

    Beyond peppering Democratic candidates with incendiary and inaccurately framed questions about abortion, right-wing media have also attempted to propagate the idea that there is “grassroots” opposition to supporting abortion access. Following the introduction of Virginia and New York’s recent measures, right-wing media heavily promoted the narrative that Democrats are pushing an “extreme” position on abortion that is not supported by their base. This is an approach that the Republican Party -- including Trump himself -- has adopted as part of a 2020 election strategy at both the federal and the state level. Right-wing media and Republicans previously deployed this strategy during the ultimately failed 2017 special election for U.S. Senate in Alabama.

    Right-wing media have also attempted to extrapolate about voters’ probable opposition to a candidate’s position on abortion based on polling about specific abortion policies or viewpoints. Most frequently, right-wing media have touted polls claiming to represent likely voters’ support for bans on abortion after 20 weeks -- which would include procedures performed in both the second and the third trimester. While some polls have suggested that support for abortion access decreases as a pregnancy advances, polls that provide adequate context about the specific circumstances surrounding why a person would choose to have an abortion after 20 weeks don’t show the same results. In fact, as experts have explained, these polls better reflect the reality of abortion later in pregnancy and thus show that people support maintaining this health care option.

    Examples

    To prove allegations of so-called Democratic extremism, right-wing media have cherry-picked examples of people opposing abortion and presented these views as being widely held. For example, after O’Rourke responded to Infowars' question, Fox & Friends First aired two segments that shared the thoughts of random Twitter users who disliked his answer:

    On Fox News’ Hannity, Fox News contributor Lawrence Jones was sent to Texas to ask voters about O’Rourke’s alleged position on abortion, with many in the resulting segment claiming he was problematically extreme.

    Some right-wing media also specifically noted when questions came from non-media participants in an effort to imply that those questioners represented the views of many voters. For example, on One America News’ The Tipping Point, host Liz Wheeler applauded a “student who asked a question” about abortion, saying “professional reporters” wouldn’t do it “because Beto’s a Democrat, and the mainstream media wants to protect the left.” Conversely, many right-wing media outlets failed to note that Weaver, who asked O’Rourke if he would “protect the lives of third-trimester babies,” works for Infowars. The Daily Caller, Fox News, TheBlaze, Washington Free Beacon, and National Review credited either an “attendee” or “a woman” at the event for the question.

    Right-wing media have also pointed to imprecise polling on abortion and a supposed lack of public support for the health care staple in discussions of candidates' answers. Townhall’s Lauretta Brown wrote that O’Rourke’s answer about abortion to Infowars “marks a significant departure from public opinion and state laws.” CBN News said the Democratic presidential candidates “are out of step with the public.” After candidate Rep. Tim Ryan (D-OH) answered a question on abortion during MSNBC’s Morning Joe by saying “the reality of it is that you got to protect the woman’s right to choose,” Townhall’s Guy Benson tweeted that Ryan was “pandering to” a supposedly extreme position that he claimed was only “shared by roughly one-fifth of the electorate.” The Washington Free Beacon also wrote that Booker had cast votes against anti-abortion legislation “despite popular public opinion” supporting them.

    These assertions are largely based on polling that asks generic questions about abortion. However, polling that puts into context why someone would have an abortion after 20 weeks shows a different result. There’s a drastic drop in support for 20-week bans when people realize that abortions in later stages of pregnancy are often undertaken out of medical necessity or for particular personal circumstances. For example, a Harvard T.H. Chan School of Public Health study found that when asked in the abstract about later abortion, “less than a quarter of people (23%) believe women should have access to a legal abortion after 24 weeks.” However, that flipped when people were asked about access to a later abortion when a pregnant person had been infected with the Zika virus -- with results showing “a majority of Americans (59%) believe a woman should have access to a legal abortion after 24 weeks” in that situation. In other words, as Hart Research Associates found, “once voters consider the range of circumstances in which abortions would be made illegal under most 20-week abortion ban proposals, a majority of Americans oppose them.”

    In each instance, right-wing media have relied on selective samples of public opinion and opinion polling to give the appearance of widespread opposition to Democratic support for abortion access. In reality, right-wing media have been intentionally fearmongering about so-called Democratic extremism on abortion as part of a 2020 strategy being pushed by Trump and other members of his administration.

    3. Using candidate comments about unrelated topics as a jumping-off point to criticize them about abortion

    The tactic

    Anti-abortion groups and right-wing media have also tried spinning non-abortion comments from candidates to fit anti-abortion groups' stereotypes about Democrats. Right-wing media relied on this approach to spread misinformation and stigma before, employing similar spin to try to connect abortion to the Parkland school shooting, the Trump administration’s family separation policy, and Christine Blasey Ford’s report that Supreme Court Justice Brett Kavanaugh had sexually assaulted her when they were in high school.

    Examples

    At a CNN town hall, when Warren said her “favorite Bible verse” includes the lesson that “there is value in every single human being,” the anti-abortion group Concerned Women for America asked, “But only the ones that are wanted? What about the ones who survive an abortion?” Warren repeated this comment on her Twitter account, prompting The Daily Wire’s Matt Walsh to claim that her comment proved Democrats “will actually jump on any opportunity to extol the virtue of human life and the value of human life,” but “you would think they would avoid talking about that because they know 60 million babies have been slaughtered in the womb and they are perfectly OK with that.” He also asserted:

    Even though the Democratic Party is the party of Satan, and even though it has embraced satanism and it has embraced infanticide and all of these forms of just the most -- the darkest, most debauched, evil you can imagine, even in spite of all that, still most Democrats feel the need to pretend to be Christian.

    In response to a tweet from candidate Sen. Kamala Harris (D-CA) explaining her belief that “housing is a basic human right,” anti-abortion activist Lila Rose replied, “If housing is a basic human right, then I imagine you’re even more passionate about the right for a child to be born?” Following comments from Buttigieg about Trump’s religion, Fox News contributor Rachel Campos-Duffy dismissed his criticism because Buttigieg “is a guy who is on the record as a supporter of late-term abortion.” Tucker Carlson said on his show of Buttigieg, “This is a guy telling us what a great Christian he is, who’s for abortion up until birth and for sex-selection. Spare me your Christian talk, please. It's absurd.”

    Similarly, when candidate Sen. Kirsten Gillibrand (D-NY) called Trump “a coward,” right-wing radio host Stacy Washington replied, “You believe in abortion up to birth, gun confiscation, open borders and limp-wristed governance. You have no room to call anyone a coward.” When Gillibrand later tweeted about legislation she introduced that would “limit opioid prescriptions for acute pain to 7 days,” Fox News’ Brit Hume replied with an inaccurate comparison between her comments and the idea that abortion should be between a patient and a doctor. He wasn’t the only one to make this inaccurate “joke.”

    Anti-abortion activist Alveda King wrote a piece for Newsmax claiming that “Booker is touting a new reparations bill for African Americans while secretly supporting an agenda of genocide and infanticide by abortion of millions of black babies.” After comments from candidate Rep. Eric Swalwell (D-CA) that the “number one cause of death for a black child in America today is gun violence,” LifeNews.com tweeted, “Actually @ericswalwell the #1 killer of black children is abortion.”

    Right-wing media regularly dominate the conversation about abortion -- so it is unsurprising that these outlets are working overtime to drive an inaccurate narrative in advance of the 2020 election. Trump and the GOP have emphasized anti-abortion misinformation as a core part of their electoral strategies, and right-wing media have already shown their willingness to manufacture or signal boost these attacks. It is crucial for other media outlets to recognize these tactics and provide important context, rather than repeating lies and misinformation from these sources.

    Graphics by Melissa Joskow

  • Conservative media rally around Kavanaugh amid second allegation of sexual misconduct

    Blog ››› ››› ZACHARY PLEAT


    Melissa Joskow / Media Matters

    Conservative media figures reacted to a New Yorker story that a second woman reported Supreme Court nominee Brett Kavanaugh for sexual misconduct by digging in on their support for him and demanding that Republicans hurry up and confirm him.

    The New Yorker reported on Sunday evening that Deborah Ramirez, who attended Yale University with Kavanaugh, said that according to her recollection, “Kavanaugh had exposed himself at a drunken dormitory party, thrust his penis in her face, and caused her to touch it without her consent as she pushed him away”:

    Ramirez said that, when both she and Kavanaugh were freshmen at Yale, she was invited by a friend on the women’s soccer team to a dorm-room party. She recalled that the party took place in a suite at Lawrance Hall, in the part of Yale known as Old Campus, and that a small group of students decided to play a drinking game together. “We were sitting in a circle,” she said. “People would pick who drank.” Ramirez was chosen repeatedly, she said, and quickly became inebriated. At one point, she said, a male student pointed a gag plastic penis in her direction. Later, she said, she was on the floor, foggy and slurring her words, as that male student and another stood nearby. (Ramirez identified the two male onlookers, but, at her request, The New Yorker is not naming them.)

    A third male student then exposed himself to her. “I remember a penis being in front of my face,” she said. “I knew that’s not what I wanted, even in that state of mind.” She recalled remarking, “That’s not a real penis,” and the other students laughing at her confusion and taunting her, one encouraging her to “kiss it.” She said that she pushed the person away, touching it in the process. Ramirez, who was raised a devout Catholic, in Connecticut, said that she was shaken. “I wasn’t going to touch a penis until I was married,” she said. “I was embarrassed and ashamed and humiliated.” She remembers Kavanaugh standing to her right and laughing, pulling up his pants. “Brett was laughing,” she said. “I can still see his face, and his hips coming forward, like when you pull up your pants.” She recalled another male student shouting about the incident. “Somebody yelled down the hall, ‘Brett Kavanaugh just put his penis in Debbie’s face,’ ” she said. “It was his full name. I don’t think it was just ‘Brett.’ And I remember hearing and being mortified that this was out there.”

    Ramirez acknowledged that there are significant gaps in her memories of the evening, and that, if she ever presents her story to the F.B.I. or members of the Senate, she will inevitably be pressed on her motivation for coming forward after so many years, and questioned about her memory, given her drinking at the party.

    And yet, after several days of considering the matter carefully, she said, “I’m confident about the pants coming up, and I’m confident about Brett being there.” Ramirez said that what has stayed with her most forcefully is the memory of laughter at her expense from Kavanaugh and the other students. “It was kind of a joke,” she recalled. “And now it’s clear to me it wasn’t a joke.”

    Another classmate told The New Yorker that he heard about the incident at the time and that he was told Kavanaugh was the one who exposed himself to Ramirez.

    The new reporting follows a week of right-wing media attacks on Kavanaugh’s first accuser, Christine Blasey Ford, who says Kavanaugh attempted to rape her when they were in high school. Ford has agreed to testify before the Senate Judiciary Committee this coming Thursday, but after this new allegation, Sen. Dianne Feinstein (D-CA) has called for that hearing to be delayed.

    At least one right-wing pundit, Ann Coulter, became unhinged on Twitter following the publication of Ramirez’s story:

    Other conservatives called Ramirez’s accusation fake, criticized the timing of her going public, demanded Republicans stand by Kavanaugh anyway, and painted Kavanaugh as the true victim of these alleged sexual assaults.

    Conservatives allege Ramirez’s account is part of a Democratic conspiracy

    Fox & Friends co-host Anna Kooiman: “Is this a drip, drip, drip … by the Democrats trying to delay everything until the midterm elections and really fire up their base saying Republicans are bullies?”

    Conservative talk radio host Erick Erickson: “It seems more and more likely that the Blasey Ford delays were not to let her drive across country, but were to allow the Ramirez hit to get out. This is all coordinated and none of it is credible.”

    Wall Street Journal columnist Kimberley Strassel: “The left made a mistake with this Ramirez story. … It strongly suggests the Ford delay demands were about cooking this up. Destroys credibility all around.”

    Fox Business anchor Dagen McDowell: “I think that this -- the timing is suspect and people have [a] right to question this second accuser coming forward.”

    Daily Wire’s Matt Walsh: “Democrats were stalling last week to give themselves more of an opportunity to conjure up another accuser against Brett Kavanaugh,” and “they whipped together another accusation.”

    Conservatives use latest accusation to demand Republican senators stand by Kavanaugh

    Turning Point USA’s Charlie Kirk: “Senate Republicans: DO NOT CAVE! If you were up for this nomination I bet many of you would have plenty of these fake accusations come up. Stand by our guy. Do not waver.”

    NRATV’s Dan Bongino: “Hill Democrats are consumed by raw hatred. Their capacity for evil knows no limits anymore. Correspondingly, the Hill Republicans shamefully showed weakness & cowed to their demands. … Hill Republicans let us down again.”

    The Rebel’s Amanda Head: If Sen. Charles Grassley (R-IA) and Republicans “don’t fight these allegations and #ConfirmKavanaghNow we will lose midterms, we will lose 2020, and what’s worse, we will lose any chance at seeing a conservative majority SCOTUS in our lifetime.”

    Federalist co-founder Sean Davis: “Senate Republicans have a simple choice: stand up to a coordinated Democrat smear campaign and confirm Kavanaugh, which will energize GOP voters and preserve House/Senate majorities, or buckle under Democrat lies and give up congressional GOP majorities for a decade or more.”

    CRTV’s Michelle Malkin: If Senate Republicans “refuse to man up & stop coordinated Dem smear campaign once & for all, the consequences reach far beyond the electoral landscape.”

    Trump campaign adviser Katrina Pierson: “#ConfirmBrettKavanaughNow.”

    One America News Network host Jack Posobiec: “Raise your hand if you think the GOP should stop playing games and hold the Kavanaugh vote Monday.”

    Conservatives complain Kavanaugh is the real victim here, not Ford or Ramirez

    Fox News host Laura Ingraham: Accusations against Kavanaugh are “a left-wing cabal, a left-wing conspiracy all coming together, swarming together.”

    Fox News anchor Martha MacCallum: “‘Sickening’ was the word I heard most often this weekend to describe what is happening. Innocent until proven guilty is how we do this in America.”

    Fox News contributor Lisa Boothe: “What is happening to #JudgeKavanaugh is wrong and terrifying.”

    Former Fox News host Bill O’Reilly: “Republicans are becoming terrified of the Kavanaugh situation because they know the media will embrace every lurid accusation without scrutiny, and no one will be held accountable for ignoring due process.”

    Independent Women Forum’s Julie Gunlock: “What Ms. Ramirez and her enablers have done is odious. She’s destroying the life of a good man based on her own hazy memory of an event that happened decades ago when she was admittedly drunk.”

    Turning Point USA's Charlie Kirk: “These are POLITICAL HIT JOBS against a sterling person.”

    American Conservative Union’s Matt Schlapp: “This Kavanaugh confirmation has transformed into a disgrace. How is it when Dems win their SC noms get an easy time, but ours get mauled.”

    Daily Caller’s Amber Athey: “I have no words for how sickened I am by how the left and the establishment media are weaponizing non-credible sexual assault claims to destroy a human being.”

  • Don't buy right-wing media's gaslighting: Brett Kavanaugh is a threat to abortion access

    Blog ››› ››› JULIE TULBERT


    Melissa Joskow / Media Matters

    Following President Donald Trump’s nomination of Brett Kavanaugh to the Supreme Court, right-wing media have attempted to downplay the odds that, if confirmed, Kavanaugh would cast a deciding vote on abortion rights. In reality, Kavanaugh’s background demonstrates that he will most likely be key to overturning or further gutting Roe v. Wade -- and such an outcome would have devastating consequences for abortion access in the United States.

    On July 9, Trump nominated D.C. Circuit Court of Appeals Judge Brett Kavanaugh for the Supreme Court to fill a vacancy left after Justice Anthony Kennedy announced his retirement in late June. Kavanaugh’s name was included on a list put out by the White House that was “preapproved by the Federalist Society and the Heritage Foundation.” According to New York magazine, this list was “extremely important to Trump’s relationship with the conservative movement and particularly with conservative Christian leaders.” Subsequently, anti-abortion groups praised Kavanaugh’s nomination as an opportunity to finally overturn Roe v. Wade and put an end legal abortion. And despite right-wing media’s gaslighting, Kavanaugh's record demonstrates that he will likely do just that.

    Kavanaugh’s record on abortion suggests he’ll gladly overturn Roe or further curtail abortion rights

    In 2017, Kavanaugh dissented in a case involving an unaccompanied pregnant immigrant teen (called Jane Doe) who was in federal custody and wanted to have an abortion. The Department of Health and Human Services’ Office of Refugee Resettlement was prohibiting Doe from leaving the facility to have an abortion because the agency did not want to “facilitate” the practice.

    • As BuzzFeed News’ Zoe Tillman explained, Kavanaugh said in his dissent that the original order stopping the abortion was “in line with Supreme Court cases that said the government could have an interest in ‘favoring fetal life’” and “that it was not an ‘undue burden’ for the US government to say it wouldn’t ‘facilitate’ abortions for teens in custody.”
    • ThinkProgress’ Ian Millhiser further argued that “Kavanaugh’s approach” in the case, which would have required Doe to obtain a sponsor in the United States, “very well could have let the Trump administration run out the clock until she could no longer obtain a legal abortion” if the search lasted past Texas’ 20-week cut-off after which abortions are impermissible.

    Beyond the substance of his opinion in the Jane Doe case, others have pointed to Kavanaugh’s reliance on “coded language” as evidence of his underlying intentions about abortion rights.

    • HuffPost’s Laura Bassett pointed out that in his decision, Kavanaugh used “coded language that’s only ever employed by anti-abortion activists” by referring to “abortion on demand.”
    • NBC’s Heidi Przybyla also noted that “code” words like “abortion on demand” are “widely understood to be a signal for … views on Roe.” This language also mirrors that used frequently by right-wing media to fearmonger about abortion and to spread misinformation.

    Kavanaugh’s decision in Doe’s case, as well as his previous comments on abortion-related matters, also demonstrate that he might leave Roe on the books while still obliterating abortion rights.

    • As Slate’s Mark Joseph Stern explained, Kavanaugh has already proved that “he can pretend to adhere to Roe while hollowing out its core holding” as evidenced by his finding that the Trump administration did not place an “undue burden” on Doe’s ability to obtain an abortion.
    • Kavanaugh also praised former Chief Justice William Rehnquist’s dissent in Roe during a speech in 2017 -- which Rewire.News’ Jessica Mason Pieklo noted made sense, given that Rehnquist’s dissent in Roe and Kavanaugh’s dissent in the Jane Doe case both “fundamentally den[y] reproductive autonomy all while purporting to be respecting the bounds of the law.”

    Here’s what abortion access will probably look like with Kavanaugh on the Supreme Court

    Even before Kavanaugh was officially nominated, right-wing media were already claiming that a Trump-nominated justice wouldn’t be that bad for abortion access. However, with Kavanaugh on the court, a decision gutting or overturning of Roe is likely and would have devastating consequences.

    Although some (including Trump) have argued that overturning Roe will only return abortion regulations “back to the states,” this would functionally outlaw abortion across large parts of the country.

    • As the Center for Reproductive Rights’ Amy Myrick told Kaiser Health News’ Julie Rovner, “We think there are 22 states likely to ban abortion without Roe” due to “a combination of factors, including existing laws and regulations on the books and the positions of the governors and state legislatures.”
    • Reva Siegel, a professor at Yale Law School, wrote for The New York Times that returning the issue to the states would be disastrous because already, “27 major cities are 100 miles or more from the nearest abortion provider, and we can expect these ‘abortion deserts’ in the South and the Midwest to spread rapidly” if states are given free rein.

    Independent of how abortion is regulated, economic and logistical barriers that already impede access will only grow worse in a world without Roe. As Carole Joffe, a professor in the Advancing New Standards in Reproductive Health program at the University of California, San Francisco, explained:

    Geographic areas without access to abortion place an extreme burden on the disproportionate number of abortion patients who are poor (50 percent are below the official poverty line and another 25 percent are classified as low income). Besides having to pay for the procedure, they need the funds to pay for lodging (some states have waiting periods of 24 hours or more, necessitating overnight stays), child care (about 60 percent of abortion patients are already parents) and of course for the travel itself. And this journey also involves confronting one or more days of lost wages as well.

    • Historian Rickie Solinger wrote for Vox that people seeking abortions “will be forced to flout the law to achieve personal dignity and safety,” but those “with economic resources will continue to have more options and access than others.”

    Regardless of state regulations, conservatives have recently attempted to push federal regulation on abortion. As author and lecturer Scott Lemieux explained for Vox, “a Republican government with slightly larger Senate majorities than it has now would be able to pass national abortion regulations” that could outright or effectively ban abortion.

    Yet right-wing media are acting like Kavanaugh’s nomination is not a big deal for abortion access and attacking those who are concerned as “overreacting”

    Despite the threat that Kavanaugh poses to abortion rights, right-wing media have been busy gaslighting viewers in an apparent attempt to paint Kavanaugh as a “moderate” or otherwise suggest he wouldn’t overturn Roe:

    • Fox News contributor Katie Pavlich said on Fox News’ Outnumbered she was not “as a woman … worried about” Roe being overturned or losing access to contraceptives, and called such fears “scare tactics.”
    • Fox News contributor Byron York claimed on America’s Newsroom that because Kavanaugh “talked a lot about the role of women in his life” and “has two daughters,” he wouldn’t pose a threat to women’s rights.
    • Fox News host Brit Hume said on Tucker Carlson Tonight that “if Roe v. Wade were reversed, it would not mean that abortion would become illegal across this country.” He argued that saying otherwise “is hysterical and overstated.”
    • The Federalist’s Margot Cleveland wrote that “overturning Roe v. Wade will not criminalize abortion,” but instead would mean that “the question of abortion, and any limits on abortions, would return to the states and in most cases the legislative branch.”
    • The Wrap reported that Fox News host Jeanine Pirro said that she thinks Kavanaugh “will follow precedent” in any decision impacting Roe v. Wade.
    • On Fox News Channel’s Hannity, host Sean Hannity mentioned the “fearmongering has already begun” around Kavanaugh’s nomination. Fox’s Gregg Jarrett agreed, saying that “the left is already conjuring up the hysteria, claiming that this means abortion will be outlawed in America,” which he called a “lie perpetuated by the left.”
    • The Heritage Foundation’s John Malcolm said on Fox Business Network’s Lou Dobbs Tonight that Democrats were “trotting out, as they always do, scare tactics with respect to Roe versus Wade.”
    • American Constitution Union’s Matt Schlapp told Stuart Varney on Fox Business Network’s Varney & Company that “most conservatives and constitutionalists believe” that without Roe, abortion regulation “goes to the states,” which he claimed was just a continuation of what is “already happening” with abortion regulations.
    • On Fox News Channel’s The Daily Briefing with Dana Perino, Judicial Crisis Network’s Carrie Severino downplayed Trump’s promise during the 2016 presidential campaign that he would appoint “pro-life justices” as only “shorthand” used “during the campaign” and that he “can’t actually ask any nominee … how they would rule on a specific issue.”
    • During a segment on Fox News Channel’s Your World with Neil Cavuto, the Federalist Society’s Leonard Leo, who also serves as Trump’s judicial nominations adviser, pointed to a book Kavanaugh wrote about the principle of stare decisis -- the idea that Supreme Court’s previous rulings should be followed -- and said that Kavanaugh’s record shows “he does believe that the courts need to consider precedent.”
    • Responding to a clip of Sen. Kamala Harris (D-CA) talking about the danger Kavanaugh poses for women’s rights, Fox News host Laura Ingraham said, “So, Brett Kavanaugh is essentially -- we’re supposed to believe … -- standing at a Planned Parenthood abortion clinic and barring women from going in.” Guest Rep. Sean Duffy (R-WI) argued that if there was a concern about women’s rights, “how about protecting a woman when she’s in the womb as an infant?”
    • On Fox News’ Fox & Friends, National Rifle Association spokesperson Dana Loesch characterized concerns about abortion access as advocates claiming that Kavanaugh’s nomination “means that women by some magical force field are going to be prevented from going and seeking health care.” She continued that “abortion is not health care, nor is it a constitutional right.”
  • Everything right-wing media tried to blame for the Trump administration’s family separation policy

    Blog ››› ››› BOBBY LEWIS


    Sarah Wasko / Media Matters

    As President Donald Trump’s administration implemented a new “zero tolerance” prosecution policy at the border that led to unprecedented and systematic separation of immigrant families and locking kids in cages, right-wing media flailed around trying to blame the administration’s policy on anybody or anything except Trump.

    The president’s media enablers blamed Presidents Barack Obama and George W. Bush, “the law on the book,” Democrats in Congress, the media, the families themselves, and even “the Illuminati of K Street” for the Trump administration’s policy:  

    Blaming the families themselves

    • Fox & Friends co-host Ainsley Earhardt claimed that families “are choosing to be separated” by coming to the United States in the first place. Co-host Steve Doocy agreed, saying “the part that is troubling ... is the conscious decisions the parents are making” in trying to bring their children to America.

    • Recently pardoned felon Dinesh D’Souza rhetorically questioned whether the “deported aliens” were “the ones choosing to separate their families.”

    • Fox’s David Bossie said that if parents “don’t become criminals, they’re not separated” from their children.

    • Fox’s Tomi Lahren said, “If you do not want to be separated, do not cross the border illegally. Follow our laws, follow the process. That's the best way to ensure that your family stays together.”

    Blaming former presidents

    • Radio host Rush Limbaugh claimed that family separation at the border "is an entirely manufactured crisis. It’s entirely manufactured. This has been going on for years. It happened during the Obama administration."

    • American Conservative Union Chairman Matt Schlapp declared, “Obama and Trump have [the] same child protection policy.”

    • Turning Point USA Communications Director Candace Owens falsely claimed that “these policies were in place” during the Obama administration.

    • Turning Point USA President Charlie Kirk falsely stated, “All of this happened for 8 years under Obama.”

    • CNN commentator Ben Ferguson shared an image on Facebook that claimed that policies of separating children from “illegal parents” had been in effect since 2009.

    • Breitbart claimed Trump’s “new ‘zero tolerance’ policy worked during the presidency of George W. Bush,” referring to an initiative that began in 2005 and has not worked.

    • Fox Business’ Lou Dobbs stated that “previous presidents, including Bush and Obama, long ignored” family separation at the border until Trump “mov[ed] to stop” the practice.

    • Fox’s Sean Hannity claimed, “This is nothing new and took place in previous administrations as well.”

    • Conspiracy theorist Alex Jones said that family separation has been “standard procedure for decades” when you “pick up a group of a hundred people and you have no idea who the hell they are.”

    Blaming a nonexistent law

    Blaming media, claiming they were using family separation as a distraction

    • Fox’s Brian Kilmeade said that Trump’s media detractors “had to reach for something else” after Trump “put a lot of the skeptics to bed … and they found it with the so-called separation of kids and parents.”

    • Rush Limbaugh claimed that media is inundating Americans with “manufactured crises” like family separation to distract from the Department of Justice inspector general report and strong economy.

    • Fox’s Tucker Carlson, host of one of the most racist hours on television, said that reporting on family separation is just the media pursuing their goal “to change your country, forever.”

    • NRATV commentator Dan Bongino claimed that media reporting on family separation is “propaganda, nothing more.”

    • Hannity accused the media of harboring an “obsession” with “the so-called policy” of separating children from their parents in order to mislead Americans.

    • Twitter troll Bill Mitchell predicted, “Every Sunday news show will be about Trump's #FakeNews ‘concentration camps’ and NOTHING about the OIG.”

    • Sinclair Broadcast Group’s propagandist Boris Epshteyn devoted his “must-run” segment on family separation to attacking the media for their “politically driven” attempts “to make it seem as if those who are tough on immigration are somehow monsters.”

    Blaming Democrats, claiming they were using family separation for political ends

    • According to The Gateway Pundit, Democrats “would rather the problem persist so they can continue to wring their hands over another manufactured crisis to distract from the damning IG report and robust economy.”

    • Fox Business’ Stuart Varney complained that Democrats “hijacked” a hearing on the IG report “within seconds of it beginning,” and “poured out [their] scorn for President Trump” instead.

    • Fox’s Trish Regan commented that Democrats “would much rather cry on television like [Rep.] Elijah Cummings [D-MD] did” than stop family separation, because “it plays to any hatred they can gin up, as we go into ‘18, for Donald Trump.”

    • National Review’s David French wrote, “I have a feeling that for some partisans, it’s fascism to impose the policy and fascism to try to end it -- at least so long as the GOP is in charge of the process.”