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  • Pro-Kavanaugh shills claim nominee is the victim of a "lynching." Have they ever seen a lynching?

    Lynchings were a cornerstone of a hundred-year campaign of racial terrorism in defense of white supremacy, but conservatives see parallels with a powerful, wealthy white man facing consequences

    Blog ››› ››› BOBBY LEWIS

    Warning: This piece contains graphic images and descriptions. 

    An emerging right-wing media narrative that Supreme Court nominee Brett Kavanaugh is the victim of a “lynching” betrays not only conservative media’s desperation to salvage the nomination after he was credibly accused of sexual assault and likely perjured himself, but also their selfishness and superficiality when it comes to race relations in America. 

    On September 27, professor Christine Blasey Ford testified that Kavanaugh attempted to rape her at a high school party in the early 1980s. Right-wing media had already been building up a campaign against Ford since news of her allegations broke earlier in the month. But after her testimony, they dialed up their campaign to discredit Ford, with some of them eventually landing on the idea that the opposition to Kavanaugh is nothing but a “lynching.” 

    Attacking a sexual assault survivor with a reductive take on racial terrorism is, unfortunately, very on-brand for American conservatism in 2018. Fox’s Sean Hannity led the charge out of the gate; on September 17, the day after Ford went public, Hannity compared her allegations to the “vicious and horrible and nasty and unjust” hearings about Anita Hill’s sexual harassment reports against Justice Clarence Thomas and aired a clip of Thomas’ infamous “high-tech lynching” line. The Thomas quote was favorably recalled by several right-wing media figures, but they didn’t stop there: Several conservative and right-wing media figures took it upon themselves to make the comparison directly.

    On September 22, Fox’s Jeanine Pirro accused a guest of “setting this man up for his own lynching.” Similarly, the Family Research Council’s William Boykin told Newsbusters that he “thought lynching was made illegal and that the burden of proof rested upon the accuser, not the accused.” And Townhall published a piece (from a Black author) that audaciously began, “History is an easy and convenient thing to forget,” before comparing Kavanaugh to Emmett Till, a Black 14 year-old lynched in 1955 because of a white woman’s false groping allegation


    Mamie and Louis Till overlooking their son Emmett's corpse. (Time magazine)

    Perhaps the most depraved take came from National Review Editor-in-Chief Rich Lowry, who seems to compare Kavanaugh to the falsely accused in To Kill a Mockingbird, who is threatened with lynching. Lowry claims that a book famous for its themes of racial injustice “stands firmly for the proposition that an accusation can be false.” Lowry’s column completely ignores race -- the word doesn’t make a single appearance -- so it’s easy for him to twist Mockingbird into pablum about a man’s false accuser being “destroy[ed]” by an attorney who “doesn’t care about her feelings, only the facts.” In the original story, that same attorney also faces down a racist lynch mob outside the jail, but Lowry’s revisionist history inverts a hundred years of racial terror into a narrative that somehow vindicates Kavanaugh at the expense of his alleged victims. This take has spread throughout the right-wing Facebook echo chamber via a popular meme.

    In case conservative media have forgotten, lynchings are a uniquely reprehensible (and ongoing) part of American history. From 1882 to 1968, 4,743 people were lynched -- 72.7 percent of them Black -- for the express purpose of enforcing white supremacy. The victims were murdered in unspeakably horrific ways. Emmett Till, whom the Townhall piece compared to Kavanaugh, was found in a river, weighted down with a piece of a cotton gin. His face was so mangled by his attackers that he was unrecognizable. A sign marking where Till was murdered is regularly shot up by anonymous vandals. There’s also Mary Turner, a pregnant woman whose unborn child was cut from her womb and stomped to death (Turner was also set on fire and shot hundreds of times); Jesse Washington, who was doused in coal oil and hanged to death over burning crates, then carved into souvenirs and paraded around town; and Elias Clayton, Elmer Jackson, and Isaac McGhie, who were dragged out of jail, beaten, hanged, then turned into postcards. Kavanaugh, in contrast, is facing extreme public scrutiny as he interviews for a job at the highest court in land. And if he doesn't get it, he'll simply go back to his old cushy life as a federal judge. 


    A postcard made from an image of Clayton, Jackson, and McGhie's lynching, also known as the Duluth lynching. (Wikimedia Commons)

    Right-wing media’s increasingly racialized Kavanaugh coverage is especially rich considering their routine denunciations of “the race card.” When conservative media say Kavanaugh is being lynched, they are playing "the race card" with blinders on; their arguments invoking an era of racial terrorism are completely devoid of any meaningful racial analysis. They’re defending a credibly accused sexual predator by first inventing, then weaponizing, an alternative history in which one of the most infamous acts of racial violence isn’t racial at all -- it’s simply about attacking people.

    It’s no coincidence that right-wing media deployed a racially charged accusation of “lynching” at the same time the conservative movement has embraced Dinesh D’Souza’s laughable, brazenly dishonest version of American history in which the Democrats are “the real racists” and the well-documented party realignment around civil rights simply “did not take place.” The right’s attempts to put an accused sexual abuser on the Supreme Court -- after electing another one to the presidency -- only serve to highlight the profound moral and intellectual rot at the heart of American conservatism.

  • Right-wing media react to Julie Swetnick’s report of sexual misconduct by Brett Kavanaugh

    Swetnick says she “witnessed efforts by Mark Judge, Brett Kavanaugh and others to cause girls to become inebriated and disoriented so they could then be ‘gang raped’ in a side room or bedroom”

    Blog ››› ››› KATIE SULLIVAN & GRACE BENNETT


    Melissa Joskow / Media Matters

    On September 26, a third woman came forward with an account of sexual misconduct by Supreme Court nominee Brett Kavanaugh. Julie Swetnick said in a sworn declaration, initially posted on her lawyer Michael Avenatti’s Twitter account, that she witnessed Kavanaugh and his friend Mark Judge “drink excessively and engage in highly inappropriate conduct,” including “abusive and physically aggressive behavior toward girls.”

    According to Swetnick, Judge, Kavanaugh, and others would make efforts to “‘spike’ the ‘punch’ at house parties … to cause girls to lose their inhibitions and their ability to say ‘No,’” and they would make “efforts” to “cause girls to become inebriated and disoriented so they could then be ‘gang raped’ in a side room or bedroom by a ‘train’ of numerous boys.” Swetnick also stated, “In approximately 1982, I became the victim of one of these ‘gang’ or ‘train’ rapes where Mark Judge and Brett Kavanaugh were present.”

    Several right-wing media figures reacted to this story by attacking Swetnick, casting doubt on her story, and defending Kavanaugh:

    The Resurgent’s Erick Erickson: “So the FBI conducts six investigations into Kavanaugh and totally misses that he's been running drug and rape gangs since age 15, but the solution is to have the FBI do a seventh investigation?”

    Erickson: “If you know there's a band of 15 year olds running drugs and raping fellow teenagers, why'd you keep going to the parties? Why'd you never tell anyone else about this rape gang?”

    Erickson, again: “Was Bill Cosby ever at a Georgetown Prep party?  Because this sounds more like they confused Kavanaugh for him.”

    The National Review’s David French: “Please someone help me with this. … Lots of people knew [Georgetown Prep boys] were committing gang rape, … [but] no one has talked publicly for three decades, until the day before a crucial Senate hearing. What?”

    Radio host Hugh Hewitt quote-tweeted French’s tweet, writing: “It is not plausible. Committee staff should speak with her and senators/committee counsel should question Kavanaugh specifically on new affidavit. Then vote Friday. The parade of late hits won’t stop, won’t be illumined by delay.”

    The National Review’s Rich Lowry: “One obvious question about this account: Why would she constantly attend parties where she believed girls were being gang-raped?”


    The Daily Caller’s Saagar Enjeti: “At no point in this allegation does Avenatti's client claim she was raped by Brett Kavanaugh.”

    The Daily Caller’s Derek Hunter: “Curiously @CNN is ignoring the garbage allegations of multiple gang rape parties. Yet they’re taking the test as gospel. What a bunch of bullshit.”

    The Daily Caller’s Amber Athey: “Why the fuck did this woman go to ‘multiple parties’ where she knew gang rapes were a common occurrence?”

    Fox News’ Stephen Miller: “This is going to end up at someone saw Kavanaugh do the shocker one time.”

    The Federalist’s Mollie Hemingway: “One thing that is not being captured in the media/Dem coordinated ‘Destroy Kavanaugh’ campaign is how unspeakably angry it is making a huge percentage of the population… They are *angry.*

    Townhall’s Kurt Schlichter re-tweeted Avenatti’s tweet of Swetnick’s name and photo, with the caption “full of it.”

    Schlichter: “This is all bullshit. Confirm him.”

    Conservative radio host Buck Sexton: “We are left with 2 choices. 1) Kavanaugh was part of a secret roving gang rape squad in DC that was systemically violating women. … 2) This is the most disgustingly dishonest, coordinated smear campaign in US history.”

  • The Supreme Court could overturn Roe v. Wade. Don’t buy these right-wing excuses that it’s not a big deal.

    Blog ››› ››› SHARON KANN & JULIE TULBERT


    Melissa Joskow / Media Matters

    Following the announcement of Supreme Court Justice Anthony Kennedy’s retirement, media have been speculating about the possibility of a nominee selected by President Donald Trump casting the deciding vote overturning Roe v. Wade.

    While some mainstream outlets have rightly warned about the likelihood and negative impacts of overturning, or even further hollowing out, Roe’s protections, many conservative outlets and figures deployed a variety of excuses either to suggest that Roe is not at risk or to downplay any potential negative effects such a move would have. But make no mistake -- the Trump administration and its anti-abortion allies haven’t been shy about their goal: making abortion inaccessible or even illegal in the United States, no matter what the consequences.

    In 2016, then-candidate Trump said in response to a debate question about whether he would overturn Roe: “Well, if we put another two or perhaps three justice on, that’s really what’s going to be — that will happen. And that’ll happen automatically, in my opinion, because I am putting pro-life justices on the court.” Previously, in July 2016, then-vice presidential nominee Mike Pence said that he believed that electing Trump would lead to the overturning of Roe and that he wanted to see the decision “consigned to the ash heap of history where it belongs.” In return, anti-abortion groups have also supported the administration -- a fact underscored by Trump’s keynote address at the anti-abortion group Susan B. Anthony List’s (SBA List) gala in May.

    Despite the administration’s promise, conservative media and figures are deploying a number of inaccurate excuses to either deny or downplay the severity of the threat to abortion rights with another Trump-appointed justice on the court:

    1. Claiming that abortion rights are safe because Roe is precedent, and none of the current justices will vote to overturn it.

    In the aftermath of Kennedy’s announcement, some conservative media argued that abortion rights are not threatened because the sitting justices -- including Chief Justice John Roberts and Trump’s previous nominee Justice Neil Gorsuch -- would be reticent to overturn precedent.

    For example, an editorial in The Wall Street Journal argued that because “the Court has upheld [Roe’s] core right so many times, ... the Chief Justice and perhaps even the other conservatives aren’t likely to overrule stare decisis on a 5-4 vote.” Similarly, during a June 27 appearance on Fox Business Network’s Lou Dobbs Tonight, conservative lawyer Alan Dershowitz claimed that Roe is safe because “true conservatives also follow precedent,” and therefore any conservative appointee would not vote to overturn it. Short-serving former White House Communications Director Anthony Scaramucci said it is unlikely that Roe would be overturned because “the court recognizes that there are certain fundamental principles that are in place and certain presidential precedent-setting principles in place." He concluded, “I know there are conservatives out there that want it to be overturned but I just don't see it happening."

    It appears highly unlikely that the new Supreme Court would keep Roe intact. Slate’s Mark Joseph Stern wrote that Kennedy’s retirement “ensured” that Roe will be overturned -- even if it ultimately will “die with a whimper” as the Supreme Court would allow anti-choice lawmakers to foist “extreme regulations on clinics, outlawing abortion after a certain number of weeks, or barring a woman from terminating a pregnancy on the basis of the fetus’ disability or identity.” As Stern concluded, “the constitutional right to abortion access in America is living on borrowed time.” This argument was also echoed by The Daily Beast’s Erin Gloria Ryan who contended that one more Supreme Court vote against abortion would mean that “the conservative minority in this country will have the power to uphold laws designed to force pregnant women into motherhood.” During the June 27 edition of MSNBC’s Deadline: White House, host Nicole Wallace explained that the impact of Kennedy’s retirement means “actually talking about a future generation growing up with abortion being illegal again” and “young women and men taking the kinds of risks that a generation now hasn't had to consider.”

    2. Arguing that Roe is “bad” law, and therefore a Trump nominee would only be correcting judicial overreach.

    In other instances, conservative media have argued that Roe is "bad" law because the constitution doesn't include a right to abortion. By this logic, they contend, a reversal of precedent is inconsequential because the new nominee would merely be helping correct previous judicial overreach.

    In an opinion piece for The Sacramento Bee, The Daily Wire’s Ben Shapiro argued that Roe v. Wade is a decision that was rendered “without even the most peremptory respect for the text and history of the Constitution,” but that “pleased the Left.” An improved Supreme Court, according to Shapiro, “would leave room for legislatures – Democrats or Republicans – to make laws that don’t conflict with the Constitution.”

    In National Review, Rich Lowry similarly said that Roe “is, in short, a travesty that a constitutionalist Supreme Court should excise from its body of work with all due haste.” Lowry concluded that Roe “has no sound constitutional basis” and implied that it should be overturned because it is an embarrassment for the court.

    The Federalist’s Mollie Hemingway claimed on Fox News’ Special Report with Bret Baier, “Even people who are pro-choice recognize that it was a poorly argued judicial decision.” She also said that Trump does not need to ask the judicial candidates about Roe v. Wade as “so many people regard it as such a poorly reasoned decision.” Fox News contributor Robert Jeffress also said on Fox News’ Hannity that Trump doesn’t need to ask about Roe because “there is no right to abortion.” Jeffress continued that though abortion is “nowhere in the Constitution” there is, however, a constitutionally protected “right to life that has been erased for 50 million children butchered in the womb since 1973.”

    But, as legal analyst Bridgette Dunlap wrote for Rewire.News, these claims that Roe is bad law are part of a conservative tactic to invalidate abortion rights more broadly. She explained: “In order to portray abortion rights as illegitimate, conservatives like to argue—inaccurately—that the Court legalized abortion in Roe v. Wade by inventing a right to privacy that is not grounded in the Constitution’s actual text.” Instead, she noted, Roe is based on the idea that “using the force of law to compel a person to use her body against her will to bring a pregnancy to term is a violation of her physical autonomy and decisional freedom—which the Constitution does not allow.”

    In addition, Roe is not just an important acknowledgement of the right to legally access abortion care -- even if states have already chipped away at the accessibility of that care. As Lourdes Rivera of the Center for Reproductive Rights explained in the National Law Journal, overturning Roe would impact the right to privacy and mean “uprooting a half-century of judicial decision-making, with profound consequences for our most cherished rights and essential freedoms.” Lawyer Jill Filipovic similarly wrote for Time magazine that “if Roe is done away with under the theory that privacy rights don’t exist, this could mean that there is no constitutional right to birth control, either.” In addition, she said, “cases that came after Roe, including Lawrence v. Texas, which invalidated a Texas law that criminalized sex between two men, were decided on similar premises — and could be similarly imperiled.”

    3. Claiming that abortion would not be completely outlawed because regulatory power would merely be “returned to the states.”

    A common argument by conservative media -- and in some cases, Trump himself -- is that an overturning of Roe would merely return abortion regulations to the states and not completely outlaw the practice.

    For instance, according to Fox News guest and constitutional attorney Mark W. Smith, even if Roe were overturned, it wouldn’t “outlaw abortion” in the United States, it would just allow “states and voters [to] decide what to do about abortion.” Fox News commentator Andrew Napolitano also made this claim, saying the “worst case scenario” is that if Roe “were to be repealed or reversed, the effect would be the 50 states would decide” their own abortion regulations. This inaccurate claim was also made during segments on CNN and MSNBC. During a June 27 appearance on CNN Newsroom with Brooke Baldwin, CNN legal commentator and former Virginia Attorney General Ken Cuccinelli argued that “all overturning Roe v. Wade does is” give the regulation power “to the states.” The Weekly Standard’s Bill Kristol made a similar claim on MSNBC Live with Velshi and Ruhle, when he argued that overturning Roe would merely “kick [abortion regulation] back to the states.”

    In reality, sending abortion regulation “back to the states” would functionally outlaw abortion access across large parts of the country. As Reva Siegel, a professor at Yale Law School wrote for The New York Times, 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 reign. New York magazine’s Lisa Ryan similarly reported that currently “there are only 19 states in which the right to abortion would be secure” if Roe is overturned.

    This landscape could easily worsen with anti-abortion groups turning their attention more directly to legislation on the state level rather than the federal level. As HuffPost’s Laura Bassett noted, a number of “abortion cases are already worming their way through the lower courts” that could further entrench abortion restrictions in a number of states. In 2016, ThinkProgress explained what a world before Roe looked like: “Wealthy women were able to access safe, though illegal, abortions, but everyone else had to risk their safety and sometimes their lives, and doctors had to risk going to jail.”

    4. Casting blame on abortion rights supporters for “overreacting” or trying to “attack” any Trump nominee on principle.

    Another common reaction among conservative media has been to cast blame back on abortion rights supporters. In this case, right-wing media have attacked supporters of Roe for “overreacting” to the potential loss of abortion rights, and accused others of opposing Trump’s nominee not on facts, but on principle.

    For example, during the June 27 edition of Fox Business’ Making Money with Charles Payne, guest and attorney Gayle Trotter argued that abortion rights supporters were just “trying to scare people” in order to “defeat the president’s nominee.” Federalist Society Executive Vice President Leonard Leo also echoed this argument during a June 27 appearance on Fox News’ Special Report with Bret Baier. According to Leo, “The left has been using the Roe v. Wade scare tactic since 1982, when Sandra O’Connor was nominated. And over 30 years later, nothing has happened to Roe v. Wade.”

    Similarly, on June 29, Trump supporters and YouTube personalities Lynnette Hardaway and Rochelle Richardson, popularly known as Diamond and Silk, appeared on Fox News’ Fox and Friends to discuss potential replacements for Kennedy. During the segment, Diamond asked why Democrats were “fearmongering” and “going into a frenzy” before knowing the nominee or their position on abortion. After interviewing Trump on Fox Business about his thought process for nominating Kennedy’s replacement, Maria Bartiromo said on the Saturday edition of Fox & Friends Weekend she believed that “all of this hysteria” about a potential overturn of Roe was being "a little overdone” by the left.

    Pro-choice advocates are not “overreacting” to potential attacks on the protections afforded by Roe. As journalist Irin Carmon explained on MSNBC Live with Craig Melvin, Kennedy’s retirement “is the point that the conservative movement, that the anti-abortion movement, has been preparing for for 40 years” by “taking over state legislatures and passing laws that are engineered to chip away at the abortion right.” Carmon said that even with Kennedy on the bench, “access to abortion, and in many cases contraception, was a reality [only] on paper already.” Now, “it is disportionately Black and brown women who are going to suffer with the regime that is going to come forward.” Attorney Maya Wiley similarly argued on MSNBC’s The Beat that overturning of Roe would mean “essentially barring a huge percentage of women from huge swaths of the country from access” to abortion.

    5. Claiming that there’s no public support for Roe or abortion access.

    Polling shows a large majority of Americans support the outcome of Roe. But some right-wing media personalities have said that such findings ignore other polling about Americans’ supposed support for restrictions on later abortion.

    For example, The Weekly Standard’s John McCormack argued on Fox News’ Outnumbered Overtime that the claims of support for abortion access are inaccurate because there is a “great misunderstanding about Roe v. Wade” and the impact it has on abortion restrictions and that “there is actually pretty popular support for second trimester regulations.” This talking point has been used elsewhere, such as by the Washington Examiner and anti-abortion outlet Life News, in an attempt to discredit perceived support for Roe.

    The argument deployed by McCormack has also frequently been used by right-wing outlets in the past -- despite the disregard such an argument shows for the complexities involved in abortion polling. As Tresa Undem, co-founder and partner at the public-opinion research firm PerryUndem, wrote for Vox, most “standard measures” that are used “to report the public’s views on abortion ... don’t capture how people really think” about the issue. In contrast to right-wing media and anti-abortion claims, polling done by Harvard T.H. Chan School of Public Health and Hart Research Associates shows that support for later abortions goes up when people realize that abortions in later stages of pregnancy are often undertaken out of medical necessity or for particular personal circumstances.

    As Trump prepares to announce his selection for the Supreme Court on Monday, July 7, right-wing and conservative media will only offer more of these excuses to downplay that Roe v. Wade is firmly in the crosshairs.

  • Here are the right-wing media figures defending Trump’s racist “shithole” comment

    ››› ››› GRACE BENNETT

    During a meeting on immigration policy in the Oval Office, President Donald Trump reportedly questioned the United States’ policy of accepting immigrants from, what he said, were “shithole countries,” such as Haiti, El Salvador, and African nations. In the aftermath of the president’s racist remarks, many in right-wing media rallied around him to defend his comments.

  • 4 ways right-wing media are shilling for tax reform (and why they're wrong)

    ››› ››› JULIE ALDERMAN

    Right-wing media have been relying on debunked myths and partisan spin in order to defend the Republican tax overhaul efforts, which have passed in the House of Representatives and advanced in the Senate. Conservative media figures are pushing falsehoods about the corporate tax rate and the impact the proposals would have on the wealthiest Americans while downplaying the negative impacts of repealing the Affordable Care Act’s individual mandate.

  • The Guide To Donald Trump's War On The Press (So Far)

    ››› ››› MEDIA MATTERS STAFF

    Republican presidential nominee Donald Trump has an extensive history of attacking the media, and his campaign and supporters have joined in the fight throughout the election. The nominee, his surrogates, and his supporters have called media outlets and reporters across the spectrum “dishonest,” “neurotic,” “dumb,” and a “waste of time,” and until recently, the campaign had a media blacklist of outlets that weren’t allowed into campaign events.

  • Media Shouldn’t Fall For Trump’s Spin That He Can Fix Tax Laws

    Trump’s Damage Control After NY Times Tax Bombshell At Odds With His Own Tax Plan That Favors His Own Businesses 

    ››› ››› TYLER CHERRY

    Following The New York Times’ report that Republican presidential nominee Donald Trump may have been able to avoid federal income taxes for 18 years after declaring a $916 million loss in 1995 as his businesses collapsed, some pundits are adopting the Trump campaign’s spin that the story proves that Trump “knows the tax code far better than anyone … and he is the only one that knows how to fix it.” In fact, Trump’s tax plan “doesn’t just preserve those breaks, it piles on new ones for real estate developers like Mr. Trump himself,” according to The Washington Post. The proposal would deliver a massive tax cut to Trump’s own businesses while providing a multi-trillion dollar tax cut to the wealthiest Americans. 

  • Right-Wing Media's Worst Attempts to Downplay Sexual Assault and Diminish Survivors

    ››› ››› DAYANITA RAMESH

    For Sexual Assault Awareness month, Media Matters looks back at right-wing media's history of downplaying, and questioning the legitimacy of, sexual assault. Right-wing media figures have called reporting statutory rape “whiny,” claimed sexual assault victims have a "coveted status," said the sexual assault epidemic is "not happening," blamed feminism for encouraging sexual assault, and said attempts to curb sexual assault constitute "a war happening on boys."

  • "Marcobot": Media Rail Against Marco Rubio After His "Disastrous" Debate Gaffe

    Slate's Jamelle Bouie: Rubio's Gaffe Was "One Of The Most Uncomfortable Moments Of The Entire Republican Debate Season"

    ››› ››› NICK FERNANDEZ

    Media are calling Marco Rubio "robotic," and criticizing his "disastrous Republican debate gaffe" after the presidential hopeful "awkwardly pivoted four times to a well-rehearsed line," in an exchange with Gov. Chris Christie at the final Republican debate before New Hampshire voters cast ballots in the first primary of the election season.