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  • Abortion opponents celebrate Kavanaugh’s confirmation as their chance to end Roe v. Wade

    Blog ››› ››› JULIE TULBERT


    Melissa Joskow / Media Matters

    Following the confirmation of Brett Kavanaugh to the Supreme Court, anti-abortion advocates stopped downplaying the newest justice’s stance on abortion rights. Instead, once Kavanaugh had secured the necessary votes in the Senate, abortion opponents celebrated his confirmation as an opportunity to end Roe v. Wade once and for all.

    On October 6, Brett Kavanaugh was confirmed 50-48 to be an associate justice on the Supreme Court despite multiple credible reports that Kavanaugh committed sexual assault when he was in high school and college. In order to generate support for Kavanaugh’s confirmation, some right-wing media and anti-abortion advocates argued that Kavanaugh would not pose a threat to Roe or abortion rights in general. This was belied by Kavanaugh’s record on abortion access and comments about Roe and contraception before and during his confirmation hearing.

    After his confirmation, abortion opponents dropped this pretense and celebrated Kavanaugh for what he always was: the culmination of years of work by conservative and anti-abortion activists to reverse Roe. Here are some examples:

    Anti-abortion advocates celebrated the confirmation of Brett Kavanaugh to the Supreme Court

    • Marjorie Dannenfelser, president of the anti-abortion organization Susan B. Anthony List and frequent White House guest, tweeted in celebration that “Beautiful change is afoot. The wheels are turning.” During the confirmation process, Dannenfelser tweeted in support of Kavanaugh following reports that he had previously committed sexual assault, saying that the anti-abortion movement was not going to “help destroy a man” as part of a “PR image” to appear “pro woman.”
    • Tony Perkins of the Family Research Council said in a press release, “For the first time in decades, this nomination -- his nomination -- brought with it the reality of returning to a truly constitutionalist court. Many on the Left couldn’t stand such a thought. And for that, he and his family have paid a tremendous price. … Today was a major step in the journey to restore the Constitution to its rightful and intended role in our Republic.” The idea of “returning to a truly constitutional court” or being a “strict constitutionalist” is often used by anti-abortion advocates to indicate coded support for overturning Roe because they do not believe the Constitution supports the Supreme Court’s decision.
    • Students for Life of America tweeted, “What do you call someone attacked viciously by Planned Parenthood, NARAL, and every other anti-life group in the country? Justice.”
    • National Review’s Alexandra DeSanctis tweeted, “Just got a fundraising email from Planned Parenthood with the subject line ‘we’re heartbroken.’ I’m not usually a huge fan of spiking the football but...that feels pretty good.”
    • The Federalist’s Bre Payton tweeted, “the tears... they taste... delicious” in response to an actor expressing distress over Kavanaugh’s confirmation.
    • In response to a tweet from NARAL Pro-Choice America’s Ilyse Hogue that “it’s okay to feel anything right now” about Kavanaugh’s confirmation, Media Research Center’s Katie Yoder replied, “Even happiness?”

    Some abortion opponents celebrated Kavanaugh’s confirmation as a sign that Roe v. Wade could be weakened or even imminently overturned

    • After Kavanaugh’s confirmation, Rep. Steve King (R-IA) tweeted a picture of a baby and said, “Soon, babies like this little angel will be protected in the womb by law.” King recently met with President Donald Trump to discuss his proposed federal heartbeat bill that would effectively ban abortion in the U.S.
    • White House adviser Kellyanne Conway said that by nominating Kavanaugh, Trump was fulfilling his promise to appoint justices who would overturn Roe, and that now “people are going to look at state law and circuit law” to determine the legality of abortion. Since former Justice Anthony Kennedy’s retirement in June, this talking point has been used frequently by abortion opponents to suggest that overturning Roe wouldn’t outlaw abortion, but would instead return power to regulate reproductive rights to the states. However, this argument ignores both the difficulties of accessing abortion -- particularly for low-income people -- in states that could ban or restrict abortion, as well as abortion rights’ precarious reliance on a handful of pro-choice governors and state legislatures.
    • Priests for Life’s Bryan Kemper celebrated Kavanaugh’s confirmation and outlined what he thought the process would now be for banning abortion nationwide:

    • Operation Rescue’s Troy Newman said in a press release about Kavanaugh’s confirmation that Roe was a "wrongly decided ruling that has cost over 60 million innocent lives. I understand that overturning that horrendous decision will take time, but I believe we are now at last on the final road to accomplishing our goal of ending abortion in America.”
    • Similarly, March for Life President Jeanne Mancini said, “The Supreme Court plays a critical role in pro-life policy and has for decades. We look forward to Justice Kavanaugh’s tenure on the bench and the impact his dedicated public service will have towards creating a country where every human life is valued and protected equally under the law.”
    • The state anti-abortion group Texas Right to Life tweeted, “Texas Right to Life is optimistic that Judge Kavanaugh will prove to be a principled justice who will consistently recognize the Right to Life of all human beings.”
    • On Fox News Channel’s Fox & Friends, Fox News contributor Robert Jeffress said that he had “never seen Christians as stirred up about anything” as the Kavanaugh confirmation because “they knew that what really was at issue was the fear by the left that if Justice Kavanaugh got on the court, he might diminish in some way the number of babies being murdered every year through abortion -- that he would chip away at Roe v. Wade.”
    • Students for Life of America (SFLA) President Kristan Hawkins tweeted, “It’s done! Onward to reverse Roe and #abolishabortion!! This is the #prolifegen!”
    • On the day of the Senate confirmation vote, SFLA also posted a video titled “We Can Overturn Roe v. Wade.” The video argued that “the end of Roe v. Wade is in our sights now that Judge Brett Kavanaugh has been confirmed to the Supreme Court of the United States” and also outlined how Kavanaugh could be the fifth vote to overturn Roe. In the video, Hawkins also emphasized that allowing states to regulate abortion would be advantageous to the anti-abortion movement because SFLA has chapters in every state that would work to outlaw abortion entirely. Here are some screenshots from the video:

    Other abortion opponents used Kavanaugh’s confirmation to mock or attack those opposed to Kavanaugh

    • Eric Barber, a councilman in West Virginia, posted and then deleted a comment in a private Facebook group saying, “Better get you’re (sic) coathangers ready liberals” in response to the news that Sen. Joe Manchin (D-WV) was voting for Kavanaugh.
    • American Life League tweeted:

    • One America News’ Liz Wheeler, who has promoted conspiracy theories about Planned Parenthood, tweeted:

    • CRTV’s Allie Beth Stuckey -- best known for her fake interview with politician Alexandria Ocasio Cortez -- celebrated Kavanaugh’s confirmation and lambasted Democrats for their “debased, depraved tactics” and accused protesters of being “unhinged.”
    • Human Coalition’s Lauren Enriquez tweeted that she was “grateful to those men” in the Senate who voted to confirm Kavanaugh “for not letting tantrums interrupt the democratic process.”
    • In response to a video of an anti-Kavanaugh protester, Human Defense Initiative’s Devin Sena tweeted, “Purely demonic. Satan isn't happy that one day soon God's children will be allowed to be born.” As the Senate appeared likely to confirm Kavanaugh, Sena tweeted in celebration, “Roe v. Wade and Doe v. Bolton are without question the most egregiously unconstitutional decisions of all time. It's past time they are overturned! #ConfirmKavanaugh.”
    • Operation Rescue’s Cheryl Sullenger -- who was sentenced to prison for conspiring to bomb an abortion clinic in 1987, and has recently promoted Qanon conspiracy theories -- tweeted in response to a video of anti-Kavanaugh protesters:

  • 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.

  • Fox & Friends attacks March For Our Lives protesters as over-emotional and ignorant

    Blog ››› ››› BOBBY LEWIS

    Fox News’ Fox & Friends and its weekend edition, Fox & Friends Sunday, repeatedly attacked the March for Our Lives protests, which took place in Washington, D.C., and over 800 other locations worldwide. Fox hosts and guests claimed the marchers had a “lack of appreciation and understanding of the Second Amendment” and let their “emotion” serve as “a terrible substitute for truth.”

    Fox & Friends co-host Brian Kilmeade: “It goes against logic” for survivors to want comprehensive gun control instead of somebody “shooting back for me.”

    NRATV contributor Dan Bongino treated the protest as an attack against him personally. Bongino complained that the marchers ignored “viable, workable solutions” to school shootings in order to “take away firearms from people like me who didn't do a damn thing wrong. What did I do wrong?”

    Fox News contributor Pete Hegseth donated to the NRA the day after the march. Hegseth further said of Martin Luther King, Jr's granddaughter, who spoke at the DC march: “Forgive me if I don’t want to watch a 9-year-old tell me that her dream is a world without guns. My world, I want a world without Islamists. I wish that was true too. It’s just not the case.”

    Campus Reform media director Cabot Phillips chided the marchers for their “lack of appreciation and understanding of the Second Amendment.” Phillips also lectured the attendees about needing to be “ready for a debate” if they want to have opinions.

    Former Arkansas Gov. Mike Huckabee told the marchers that “they’ve been used” and “emotion is a terrible substitute for truth.” Fox News’ Ed Henry added, “Truth over emotion -- we don’t hear that on a lot of other channels.”

    Fox News chief national correspondent Ed Henry said student activist David Hogg claimed a clear backpack rule at his school “violates his First Amendment rights,” “ forgetting about our Second Amendment.”

    Henry later complained that the marchers didn’t follow “the process” of seeking a constitutional amendment.

    Pastor Robert Jeffress Jr.: “Only the gospel of Christ” can “deal with the root problem” and eradicate gun violence.

  • 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.

  • Fox News Contributor To Headline Hate Group Conference On “The Politically Incorrect Truth About Sexuality”

    SPLC Senior Fellow: “Coven Of Haters” Will Advocate For Harmful And Discredited Ex-Gay Therapy

    ››› ››› RACHEL PERCELAY

    Fox News contributor Robert Jeffress is headlining the “Stand4Truth” conference scheduled for October 28 and 29 in Houston, TX, which is advertised as telling the “politically incorrect truth about sexuality and gender” and is sponsored by at least three anti-LGBT hate groups. Jeffress -- who is also a member of Republican presidential nominee Donald Trump’s “Evangelical Executive Advisory Board” -- will be joined by fringe anti-LGBT extremists and hate group leaders, and proponents of discredited "ex-gay" reparative therapy. 

  • Right-Wing Media Bolster Trump’s Campaign Strategy Of Baselessly Painting Hillary Clinton As “An Enabler Of Sexual Violence”

    ››› ››› NICK FERNANDEZ

    Right-wing media have bolstered Donald Trump’s campaign strategy of falsely claiming that Hillary Clinton has targeted women who have accused her husband, former President Bill Clinton, of sexual misconduct, in order to distract from numerous reports that Trump sexually assaulted several women. Multiple independent fact-checkers and media organizations have debunked the claims as unsubstantiated, calling them an “exaggeration too far.”

  • Right-Wing Media Keep Pushing Myth Of "Partial-Birth" Abortion

    ››› ››› SHARON KANN

    In the 2016 election cycle, right-wing media have spread misinformation about the Democratic position on abortion access by alleging that the party supports so-called “partial-birth” abortions, often invoking the term as a description of an abortion that takes place in the final months or “moments” of pregnancy. In reality, “partial-birth” abortion is a term coined by anti-choice groups to vilify and stigmatize individuals who elect to have an abortion. Here is what the media should know about this common anti-choice myth and why media figures should not deploy it.