The New York Times sent veteran Supreme Court reporter Linda Greenhouse into retirement in grand style on Sunday, turning over to her the front page of the Week in Review for "2,691 Decisions," a title marking the number of court cases she had covered during her tenure.
Unmentioned were her off-the-clock denunciations of conservatives, such as her infamous speech at Harvard in June 2006 when she tore into the Bush administration. What was included: Her clear belief that the world is a better place with Anthony Kennedy on the Court and Robert Bork not.
First, some of what Greenhouse told Harvard students in 2006:
...our government had turned its energy and attention away from upholding the rule of law and toward creating law-free zones at Guantanamo Bay, Abu Ghraib, Haditha, and other places around the world. And let's not forget the sustained assault on women's reproductive freedom and the hijacking of public policy by religious fundamentalism."
If there's one person in the NBC news stable who combines solid analytical skills with a commitment to fairness, it could be political director Chuck Todd. Evidence thereof comes from no less a certified conservative source than Tom DeLay. Appearing on this evening's Hardball just after Todd had offered his breakdown of the electoral map, DeLay allowed that he "can't dispute" any of Todd's analysis, prompting Chris Matthews to exclaim "that's a development for us here: objective truth for you!"
So what was that Todd analysis that DeLay didn't dispute? There was much to it, but for present purposes let's focus on this: Todd can't see how Obama wins without Pennsylvania, and that having former governor Tom Ridge on the McCain ticket would help deliver the Keystone State. The catch is that Ridge is pro-choice, which in turn poses the question of whether pro-life Republicans would revolt if McCain chose him for the veep slot.
Got to be good looking 'cause he's so hard to see Come together right now Over me—The Beatles, "Come Together" (1969) [YouTube]
Bob Herbert just doesn't get it. As Noel Sheppard has noted, in his NYT column today Herbert accuses Barack Obama of "lurching right when it suits him, and . . . zigging with the kind of reckless abandon that’s guaranteed to cause disillusion, if not whiplash." The NY Times columnist goes on to condemn the candidate for "pandering to evangelicals;" agreeing with Justices Scalia and Thomas on a "barbaric" interpretation of the 8th Amendment; and playing a "dangerous game" with his "shifts and panders."
No, no, no, Bob! That's not what's happening at all. Obama isn't flip-flopping. He's simply fulfilling his pledge to bring us together. What makes Herbert's obtuseness all the more infuriating is that enlightenment was just a stroll down the corridor away, to the office of Gail Collins. Herbert's fellow Times columnist explained what is really going on during her appearance today on Morning Joe.
Here's something you don't see every day: a major American newspaper admonishing the Supreme Court for ruling against the death penalty.
Yet, that's not even close to the oddest aspect of Saturday's editorial by the Washington Post, for the paper agreed with the Court's 5-4 decision to ban the death penalty for those convicted of child rape, but felt compelled to expose an error in how the Justices reached their conclusions.
In fact, the Post laid out a convincing enough case that the state of Lousiana might have grounds for a rehearing (emphasis added, h/t Hot Air headlines):
One of the more astounding post-9/11 liberal media affectations has been the extraordinary concern press members have for how terrorists looking to kill innocent Americans are treated at detention centers.
A fine example of this occurred on Thursday's "Hannity & Colmes" when the left-leaning part of Fox News's successful duo debated former White House adviser Karl Rove about the recent Supreme Court decision granting habeas corpus rights to Guantanamo Bay detainees.
Readers are advised to get a big bag of popcorn for this barnburner (video embedded right):
Nearly two years ago on Newsbusters, I floated a proposal that newspapers require their editorial and other writers to police themselves for accuracy by requiring them to turn in footnotes with their copy. The process would force writers to check information they think they know that isn't so.
The Chicago Tribune has lurched to the left of Sen. Barack Obama, at least on gun rights, marking the latest point in its evolution from a historically moderate-to-conservative paper to a reliably left-wing broadsheet.
That's how MRC Director of Media Analysis characterized the Trib's decision to issue an editorial last Friday calling for the repeal of the Second Amendment. The editorial board's writers whined that the Constitution's Framers "could have used an editor" in writing the Bill of Rights. [audio available here]
Below is a transcript -- h/t MRC intern Peter Sasso -- from Graham's appearance on the June 30 "O'Reilly Factor" with guest host John Kasich:
As a deeply divided Supreme Court issued 5-4 rulings the past few weeks bouncing from liberal to conservative interpretations of the law, something was woefully missing from the coverage: journalists apologizing to the nation for regularly insinuating that the Court's December 2000 decision concerning Bush v. Gore was politically based.
After all, for seven and a half years, a regular media meme has been that a "conservative Supreme Court" gave George W. Bush the presidency by stopping the recounting of votes in Florida.
Yet, as the Washington Post reported Sunday, today's Court, though "sharply divided ideologically on some of the most fundamental constitutional questions" as well as being "roughly balanced," is probably more conservative than it was in 2000 as a result of recent appointments (emphasis added throughout):
With more fallout from the Supreme Court's latest 2nd Amendment ruling, the Chicago Sun-Times has published an op ed wagging a finger at the Supremes saying that the Heller decision will be a "tax on Chicago citizens," and that it is a tax to be "paid in blood and money." The Times scolds the Court with all sorts of dire warnings and worries that blood will flow in the city but, as with D.C., the violence in Chicago with its extreme gun ban often causes the city to top the lists of the most violent cities in America. So, why the Sun-Times imagines the current 25-year-old gun ban is worth keeping is anyone's guess.
The Sun-Times, though, is filled with woe at the Heller decision and offers the downright stupid solution of more gun banning despite the singular fact that their "solution" has miserably failed in every city it has been tried -- including the very one they claim to care about. Not to mention that the Times seems to have no clue about the Constitution nor any respect for the citizenry of that same city.
Michael Smerconish is thinking of voting for Obama. The Philly talk radio host let it be known while subbing for Dan Abrams on tonight's "Verdict" on MSNBC. He actually did so, chatting with Ron Reagan, while criticizing Obama's flip-flops. But the bottom line is the bottom line.
SMERCONISH: I want to think big picture, and I want to do so by showing you a piece of that which was published in today's Washington Post by Charles Krauthammer, if we can put that up on the screen:
The truth about Obama is uncomplicated. He is just a politician . . . When it's time to throw campaign finance reform, telecom accountability, NAFTA renogiation or Jeremiah Wright overboard, Obama is not sentimental. He does not hesitate. He tosses lustily . . . By the time he's finished, Obama will have made the Clintons look scrupulous.
That's Charles Krauthammer. Ron, I voted for the first time in 1980 for your dad. I have never voted for a Democrat for president. I voted for plenty of Democrats, but never for president. I've not ruled it out in this cycle, because I like this guy. But the events of the last 10 days or so make him seem status quo, make him seem like just a run-of-the-mill politician.
The New York Times editorial board reacted badly to Thursday's 5-4 Supreme Court ruling endorsing a personal right to own a gun, in today's lead editorial, "Lock and Load."
Thirty-thousand Americans are killed by guns every year -- on the job, walking to school, at the shopping mall. The Supreme Court on Thursday all but ensured that even more Americans will die senselessly with its wrongheaded and dangerous ruling striking down key parts of the District of Columbia's gun-control law.
The Times didn't bother noting that slightly more than half of those 30,000 deaths are suicides -- most of which would presumably have happened eventually whether or not there was a gun around. Nor did the paper break down how many of those homicides were in self-defense.
The ink was hardly dry on the June 26 ruling overturning Washington, D.C.'s handgun ban when Newsweek started the hand-wringing about how the city's political establishment would react.
Rather than profiling D.C. resident Dick Heller, the victor in the lawsuit, or officials from gun rights groups on their next move in challenging other gun bans with yesterday's precedent, Newsweek sought to press D.C. Mayor Adrian Fenty (D) on how he can blunt the scope of the Heller decision.
The teaser headline and caption from the Web page read:
That's right, the high court ruled that a near-total gun ban is a blatant violation of an individual's right to keep and bear arms as guaranteed by the Second Amendment. Given the mainstream media's history of vigorously defending its freedoms of speech and press from any abridgement or "common sense" restriction, you'd think consistency would compel a little bit of a slant or a tip of the hat to the court upholding the plain language of another article in the Bill of Rights.
It didn't take long for the Washington Post to weigh in on the wrong side of the Second Amendment issue, did it? The Post's Colbert I. King could not contain the disgust he feels for at least one part of the Constitution more in his response to the Supreme Court's Second Amendment ruling today. He flipped his top and went so far off the deep end that he seemed to imagine that Justice Scalia just gave the nod for citizens to get "machine guns" to indulge their newly affirmed ability to indiscriminately fire their loaded guns "at will" in D.C. In fact in this op ed, King was so unhinged that he seemed to utterly dispense with logic as he penned his newest ode to the wild-eyed phobia that is his inordinate fear of guns (yet, curiously, not of criminals).
King's very first few paragraphs seem to be written without the slightest bit of reflection of how illogical his position on the concept of gun laws is because it looks as though he imagines that criminals might obey a draconian anti-gun law, or any gun law for that matter if only it is enforced. One wonders why Mr. King thinks criminals are called criminals if laws would prevent them from doing anything? Worse, King can't seem to tell the difference between a law abiding citizen using a gun in self-defense and a criminal using it for evil. It seems as if to King criminals and citizens are indistinguishable.
In anticipation of the Supreme Court’s decision on the constitutionality of DC handgun ban on Thursday, CNN’s "Newsroom" program ran a report on both the sides of the gun case, in which the pro-gun control advocate was given twice the amount of air time as the gun rights advocate. The report, by CNN justice correspondent Kelli Arena, ran twice within 20 minutes; first, at the top of the 10 am hour of "Newsroom," minutes before the decision was released, and then immediately after the news of the decision broke.
In addition to this, when the 5-4 decision upholding the lower court’s finding that the ban was unconstitutional, the "Newsroom" program initially ran a graphic that read, "Supreme Ct. Kills Handgun Ban: Overrules DC Law." The graphic ran for just under a minute until being replaced by another that read, "Supreme Ct. Overrules Gun Ban: Overrules DC Law Forbidding Handguns."
Just over an hour after the Supreme Court’s ruling came down, near the bottom half of the 11 am Eastern hour of "Newsroom," CNN senior legal analyst Jeffrey Toobin, when asked about the local impact of the decision, snarked that "the communities that care about safety and communities that don't want the bad effects of guns will try to rewrite their regulations in line with what they think the Court decided."
By now, you have all heard of Wednesday's Supreme Court decision prohibiting the death penalty in cases of child rape. Having read several articles, the mainstream media's take on the case was mostly informational and understated. And that was to be expected. While the ruling could be considered a victory for civil libertarians, even the press understands that you can't do a victory dance when a child rapist is spared the death penalty.
Remember the Boumediene decisions? The one where the Supreme Court ignored Congress' orders to strip them of jurisdiction? One of the major issues in this case was the fact that the Court trampled all over Congress' ability to determine the limits of judicial oversight. And virtually no mainstream 'news' organ picked up on that fact- nstead they universally trumpeted how the eeevil Bush Adminstraion had been forced to observe the law'. The LA Times, for example, wrote on their front page,
The Supreme Court on Thursday rejected for the third time President Bush's policy of holding foreign prisoners under exclusive control of the military at Guantanamo Bay, Cuba, ruling that the men have a right to seek their freedom before a federal judge. The justices said the Constitution from the beginning enshrined the "privilege of habeas corpus" -- or the right to go before a judge -- as one of the safeguards of liberty. And that right extends even to foreigners captured in the war on terrorism, the high court said, particularly when they have been held for as long as six years without charges.
. The article admits that Congress stripped jurisdiction from the judiciary in 2006, writing,
After that setback, the administration went to Congress, still under GOP control, and won a law authorizing trials through military commissions. The law also stripped all the foreign "enemy combatants" of their right to go to court via a writ of habeas corpus.
but clearly agreeing with the idea that foreign, unlawful combatants have more rights than lawful prisoners-of-war.
CNN legal analyst Sunny Hostin, when asked about the Supreme Court’s upcoming ruling in the DC handgun ban case on Monday’s "American Morning," repeated the gun control lobby’s argument that "most federal courts and the Supreme Court has found is that really doesn't mean that you can possess a gun. It means that the military can possess a gun, that it's a collective right." She later made the usual liberal claim that the current Supreme Court is "conservative."
"American Morning" co-host John Roberts asked Hostin about the Supreme Court case 48 minutes into the 6 am hour of the CNN program, since the Court’s decision on the handgun ban is expected to come down by the end of June. For the bulk of segment, the legal analyst detailed the origin of the case and gave a summary of what took place during the oral arguments in March.
In a Wednesday column decrying John McCain's condemnation of the Supreme Court's ruling giving Guantanamo detainees access to the courts, former Washington Post reporter and editor Ruth Marcus illustrated that no matter how unexcited conservatives may be about McCain liberals still see him as dangerous as she expressed fear of what McCain's efforts to appease conservatives will mean for the Supreme Court if he wins:
As his evolving reactions to the Guantanamo case may indicate, legal issues are not at the center of McCain's policy interests. But they are a top priority for conservative activists, which makes me all the more nervous about what a McCain presidency would mean for the court.
Marcus, the Post's deputy national editor from 1999 through 2002 (bio), noted that “the oldest justices are also the most liberal,” so she worried “a President McCain could shift the court significantly to the right” while, she lamented, “a President Obama would be lucky, even with a Democratic Senate, to nudge the court even a bit in a liberal direction.”
In case you missed it, the Supreme Court Thursday bestowed Constitutional rights to terrorists currently held at Guantanamo Bay.
As my colleague Brent Baker reported hours ago, the broadcast evening news programs predictably saw this decision as a stinging defeat for the Bush administration that could prove tremendously embarrassing to the president.
Almost prophetically, conservative radio talk show host and constitutional lawyer Mark Levin stated earlier in the day that reporters making such statements "are lying through their teeth. They are propagandists, spewing the talking points of the enemy."
Beginning his program Thursday, Levin took the Supreme Court to task for this ruling, as well as the predictable standing ovation from the media, crescendoing to the following conclusion that should be required reading for all Americans interested in the truth concerning this matter (ten minute audio available here, picture courtesy Radcity):
USA Today Supreme Court Reporter Joan Biskupic penned an article today titled "O'Connor's legacy fading on reshaped court." For this particular title, "reshaped" is code for "conservative." Biskupic's article laments several recent conservative decisions of the court, and she frames these decisions as a blow to the legacy of Justice Sandra Day O'Connor. Biskupic literally builds up O'Connor as a national hero.
When retired justice Sandra Day O'Connor visited Capitol Hill recently to speak publicly about her husband's Alzheimer's, she was greeted as a national hero. Senators lauded her historic place as the first woman on the Supreme Court and the justice whose opinions often set the nation's law.
O'Connor, who was frequently the tie-breaking vote in close cases, is further praised for her "middle-ground" practical approach in her decision making. But things have changed since O'Connor's retirement from the high court.
If we needed more proof that CNN's legal analyst, Jeffrey Toobin, is one of the most disingenuous legal minds of our day, the Saginaw News helped us out with that quest. Toobin made an appearance at a Midland, MI event this week where, among other comments, he ridiculously claimed that the left leaning Justices that sit on the Supreme Court are "surprisingly moderate."
We will remember one of Toobin's other recent absurdities when he claimed that the GOP likes voter I.D. laws because they "stop Democrats from voting," despite the fact that all evidence shows that requiring an I.D. has not stopped anyone from voting.
But the truly "stark contrast" was how Lewis treated the respective camps with regard to their hypothetical Supreme Court nominations. Lewis painted an uninvolved McCain as paying "fealty" to "the conservative faithful," while an engaged Obama would be merely trying to reverse the "current conservative dominance of the courts" without displaying any liberal ideological thrust of his own.
Back in 2003, Lewis identified Republican Sen. Orrin Hatch as a "leading conservative," but Sen. Ted Kennedy was simply "Democrat of Massachusetts."
His Wednesday report showed a similar contrast, with tons of "conservatives" (18 in all in a 1,400-word story) emanating from the McCain camp but not a single "liberal" to be found around Obama.
In America, you need to show identification to buy alcohol, get into a bar, or apply for a job. Yet, for some reason, liberal media members think that Republicans who advocate voter ID laws do so exclusively to prevent Democrats from going to polling booths.
Such was clearly evident Friday evening when Bill Moyers discussed some recent Supreme Court rulings with CNN and New Yorker magazine's legal affairs analyst Jeffrey Toobin.
Better strap yourself in tightly, for the following from "Bill Moyers Journal" on PBS is guaranteed to offend all that actually believe voter identification should be required in every state (video embedded right):
Although a November ballot measure could encourage higher turnout by conservatives who are not naturally aligned with McCain, it also could alienate moderates and young voters, who polls show are far more accepting of same-sex marriage.
Democrats Barack Obama and Hillary Clinton had sketched out a more centrist path than the court's. The decision could encourage Democratic interest groups to press candidates to extend their support for civil unions to same-sex marriage itself.
So the danger for McCain is that those rascally social conservatives could doom his chances to win the White House. The danger for Democrats, that the left-wing activists might rattle the cage a bit more than usual. But the possibility of socially conservative but fiscally liberal Democrats in swing states like Ohio, West Virginia, Missouri, or Colorado once again eluding the Democratic vote was dismissed out of hand.
The Catholic-majority Supreme Court has no respect for nuns. That's the new media meme about a recent Supreme Court ruling upholding an Indiana voter ID law. That very same law, the media would have us believe, "barred" or "turned away" from voting 12 nuns in South Bend on the Hoosier State's May 6 primary. Of course as a simple read of the Indiana Secretary of State's Web site shows, that's utter nun-sense. but Time's Karen Tumulty has picked up on it twice over at that magazine's Swampland blog.
This from a post yesterday informing readers of a news conference to be held today at 1 p.m. EDT:
Surely, our majority-Catholic Supreme Court should have known better than to get on the wrong side of the Sisters. As we wrote earlier, the first victims of the new ruling on Voter ID were elderly nuns in Indiana. This just in, in my emailbox: The nuns of Missouri rap the Supreme Court's knuckles with a great big ruler:
At least they're open about it: the New York Times disdains Supreme Court justices who hew to the principles upon which this country was founded. The Times's admission came in the course of an editorial calling on Obama and Clinton to put aside their bickering and focus on beating John McCain. That is vital, in the Times's view, given McCain's pledge to nominate Supreme Court justices in the mold of John Roberts and Samuel Alito.
Writes the Times [emphasis added]:
Mr. McCain predictably criticized liberal judges, vowed strict adherence to the Founders’ views and promised to appoint more judges in the mold of Chief Justice John Roberts and Justice Samuel Alito. That is just what the country does not need.
Those opposed to the Roe v Wade abortion decision are “the far right” in the vernacular of the Associated Press. In a dispatch datelined from Winston-Salem, North Carolina where John McCain delivered an address Tuesday castigating Barack Obama for voting against the confirmations of John Roberts and Samuel Alito to the Supreme Court, as he pledged to name non-activist judges, reporter Libby Quaid wrote:
McCain, the eventual GOP nominee, promised to appoint judges in the mold of Roberts and Supreme Court Justice Samuel Alito, saying they would interpret the law strictly to curb the scope of their rulings. While McCain didn't mention abortion, the far right understands that such nominees would be likely to limit or perhaps overturn the Roe v. Wade decision that legalized abortion.
On last night's "Verdict" with Dan Abrams, Dan and guest [Constitutional Law Professor] Jonathan Turley dissected Sunday's "60 Minutes" interview with U.S. Supreme Court Justice Antonin Scalia. After dissenting with Scalia's claim that it was Al Gore "who brought it (election 2000) into the Florida courts," Turley then made the following claim:
Look, both sides were challenging this question. The funny thing of course is that Al Gore appears to have won Florida. And so, when Justice Scalia says he brought this trouble upon himself, that‘s not exactly fair since he apparently won the state, did not get credit for the state and ultimately lost the presidency over that failure.
Monday’s "The Situation Roon" followed-up on Kelli Arena and Wolf Blitzer’s biased reporting on the Supreme Court upholding Indiana’s voter ID law with two segments featuring five talking heads -- four liberals to one conservative. In the first segment, Donna Brazile, who appeared in Arena’s report via sound bite and continued her "voter suppression" argument, faced-off against Republican strategist John Feehery, who effectively countered the liberal argument by bringing up the fact that he had to show ID in order to enter the CNN studio. In the second segment, Jeffrey Toobin, Jack Cafferty, and Gloria Borger picked up on Brazile’s suppression argument and portrayed the Court’s decision as possibly "something sinister" and a "partisan enterprise."