Appearing on Tuesday's NBC Today, left-wing MSNBC host Rachel Maddow spun the Supreme Court ruling on ObamaCare as being a judgment of how partisan the high court has become: "...this may as much be a referendum on the Supreme Court and whether or not the Roberts court is so conservatively politicized that it will make a decision to hurt the President, rather than sticking closely to precedent here."
Maddow touted a recent Bloomberg poll, "that 75% of people think that the Supreme Court will decide based on their political beliefs, not on the law." She conveniently left out the results of the latest CBS News/New York Times poll that showed only 36% of Americans approve of ObamaCare, while 47% disapprove. A recent Rasmussen poll showed 56% favoring repeal of the law.
Taking the Constitution's limits on federal power seriously is just, well, backwards to liberal journalists. Take Ari Melber of The Nation. Sitting on the panel on the March 26 edition of Now with Alex Wagner, the MSNBC contributor dismissed as "retrograde" the notion that the ObamaCare individual mandate -- the provision forcing Americans to buy private health insurance or else pay a fine to the federal government -- violates the letter and spirit of the Constitution.
Melber, a former John Kerry presidential campaign staffer, made the remark in the midst of comments wherein he suggested the Obama administration could see a stunning victory before the high court, despite the conservative nature of the tribunal:
"It's been two years" since ObamaCare was muscled through Congress and signed into law, and "more people than ever before" are opposed to it, NewsBusters publisher Brent Bozell noted on Saturday.
The Media Research Center founder was one of the speakers at the March 24 Tea Party-sponsored "Road to Repeal" rally. Today and the next two days, the U.S. Supreme Court will be hearing oral arguments on questions pertaining to ObamaCare's constitutionality. You can watch Bozell's brief speech in the video embedded below the page break:
Former New York Times Supreme Court reporter Linda Greenhouse, who previously confessed she couldn't grasp "the moral compass" of people who opposed Obama-care, denied the need for any balance when discussing the constitutionality of the matter in her Wednesday column, since the measure's opponents are so obviously wrong.
Journalistic convention requires that when there are two identifiable sides to a story, each side gets its say, in neutral fashion, without the writer’s thumb on the scale. This rule presents a challenge when one side of a controversy obviously lacks merit. But mainstream journalism has learned to navigate those challenges, choosing evolution over “intelligent design,” for example, and treating climate change naysayers as cranks.
If Scott Walker somehow loses his recall election in Wisconsin, will that be national news? Of course it will.
Well, if the Walker recall really is a national story, why isn't it news that 29 judges who are supposed to be impartial in their rulings and who are under strict prohibitions against political activity were found by Gannett News to have signed petitions supporting Walker's recall -- including at least one who has ruled in a recall-related matter without bothering to disclose his action? Make such a story about Republican judges signing petitions to recall a Democratic governor, and it would be national news for sure. Here are several paragraphs from Eric Litke's report:
Next week, the U.S. Supreme Court will hear three days of oral arguments in the healthcare lawsuit challenging the constitutionality of the Patient Protection and Affordable Health Care Act, otherwise known as "Obamacare."
We now know the law was based on phony predictions about its cost. After promising the price would be under $940 billion over 10 years, the nonpartisan Congressional Budget Office has issued a correction of its initial estimate, which appears to have been based on sleight of hand accounting tactics by congressional Democrats and the White House. CBO now projects the measure will cost taxpayers at least $1.76 trillion over a decade.
At the Associated Press on Thursday, reporter Chris Tomlinson clearly took the side of statist environmentalists in covering the Texas Supreme Court's decision recognizing the right of landowners to pump water flowing through their property underground.
Tomlinson's sub-headline said that the court "approved" the idea, and his text claimed that it had "expanded property owner's rights." All the court did was formally recognize a principle which has long applied to underground oil and gas. The dispute involved restrictions desired by the city of San Antonio on how much water two farmers could pump. Much of Tomlinson's writeup follows below:
Daryl Justin Finizio, the recently elected Democratic Party Mayor of New London, Connecticut has apologized to the families and homeowners who lost their homes as a result of the city's decision to condemn properties in the Fort Trumbull area of that city. Those efforts began over a decade ago. A lawsuit by the victims which attempted to stop the city from taking their properties and destroying their homes ultimately led to the Supreme Court's Kelo vs. New London decision in 2005. The Court ruled in favor of the City based on what it believed was "a carefully considered development plan." A few remaining holdouts who tried to get the city to reverse course after the ruling, including Susette Kelo, lost their battle and settled with the city in 2006. To my knowledge, no ground has been broken on any kind of new development in the area originally occupied by the homes in the 5-1/2 years since.
Obviously, one could argue that the apology is way too late, given that the buildings have long since been leveled.
Julie Rovner, NPR's on-staff shill for ObamaCare, filed an unashamedly one-sided report on Friday's Morning Edition about the controversial Obama administration mandate that forces religious institutions to include coverage of abortion-inducing drugs, sterilizations, and birth control.
Rovner turned to only two individuals for her pro-mandate report: Peggy Mastroianni, general counsel at the federal government's own EEOC, an organization which recently got slapped down in a unanimous Supreme Court decision concerning the rights of houses of worship in hiring and personnel matters; and Sarah Lipton-Lubet, a lawyer for the notoriously far-left American Civil Liberties Union, who until May 2011, worked for the pro-abortion Center for Reproductive Rights.
Supreme Court Justice Ruth Bader Ginsburg, on a trip underwritten by the U.S. State Department (aren't justices expected to keep their distances from the government to protect their perceived impartiality?), was in Egypt on Wednesday at a Cairo University law school seminar. While there, according to the Associated Press's Mark Sherman, she told students that (in Sherman's words) "she was inspired by last year's protests that led to the end of Hosni Mubarak's regime" and to speak to them (in her words) "during this exceptional transitional period to a real democratic state." The news that Muslim Brotherhood and Salafist parties now control about 75% of the seats in the country's parliament seems not to have registered with Ginsburg or Sherman -- or, for that matter, the State Department.
Sherman's AP story failed to note what Ms. Ginsburg said about the U.S. Constitution in an Egyptian TV interview, as did virtually all of the rest of the establishment press. ABC's Ariane de Vogue is currently the most notable exception, but as readers will see, she clearly buried the lede. Here are key paragraphs from her report (the related video is at Hot Air; the relevant portion begins at the 9:28 mark; bolds are mine):
In an unsigned per curiam opinion issued today, the U.S. Supreme Court tossed out a federal judge's revision of Texas's congressional redistricting map, finding that the U.S. District Court for the Western District of Texas had "substituted its own concept of 'the collective public good' for the Texas Legislature’s determination of which policies serve 'the interests of the citizens of Texas.'" The court "appears to have unnecessarily ignored the State’s plans in drawing certain individual districts," the Court added. No justice dissented and Associate Justice Clarence Thomas issued a concurrence.
Yet in teasing Supreme Court correspondent Robert Barnes's story on the Washington Post's website, editors colored the decision in a way that portrayed the move as the justices having "throw[n] out... electoral maps favoring minorities." [see screencap below page break]
Leave it to a fringe leftist to tout a rarely-defended plan proposed by Franklin Roosevelt.
Angered by Supreme Court rulings that blocked many New Deal initiatives, Roosevelt in 1937 came up with what he considered an ingenious scheme to get around the court -- increasing it from 9 to 15 justices, the additional six most assuredly sharing Roosevelt's politics. (audio clip after page break)
While NBC, ABC, and CBS all reported on the Supreme Court's decision Monday to rule on the constitutionality of ObamaCare, none of the coverage made any mention of calls for liberal Justice Elena Kagan to recuse herself from the case due to her advocacy for the legislation as Obama's solicitor general.
Of the three networks, only ABC's World News even noted public opposition to the legislation, as White House correspondent Jake Tapper explained: "The health care law is tremendously unpopular with a new high of 51 percent of Americans viewing it unfavorably and new low of 34 percent approving of it."
Having followed Democratic former Ohio governor Ted "Holier Than Thou" Strickland lo these many painful years, including the memorable episode when as a Congressman he called out 355 of his colleagues as liars for unanimously supporting an anti-pedophilia resolution (seriously), it's remarkable (actually, it's clear evidence of Ohio media bias) that it's current Republican governor John Kasich who has the reputation for arrogance. During the administration of "Turnaround Ted," who Kasich defeated in 2010, Ohio lost over 400,000 jobs. It should be self-evident to any Ohioan who endured his four long years in office that Strickland's authority to opine on anything relating to the welfare of the Buckeye State is non-existent.
Yet there Strickland was Tuesday night, being interviewed by Fox News's Greta Van Susteren about the meaning of Ohio voters' 66%-34% landslide approval of Issue 3, which put prohibitions of Obamacare’s mandates to buy health insurance and participate in a health care plan into Ohio’s constitution (y'know, the document Ted swore to uphold when he was the state's chief executive). Watch the exchange, as Van Susteren calls out Ted's contempt for the expressed will of Ohio's voters:
On Saturday, Barbara Hollingsworth at the Washington Examiner (HT Peter Roff at US News) reported on the latest development in lawsuit filed by former congressman Steve "Sore Loser" Driehaus against Susan B. Anthony's List (SBA).
Democrat Driehaus, who served one term in Congress before losing to Republican Steve Chabot, is suing SBA under a Ohio’s False Statement Law for "loss of livelihood." Seriously. Driehaus says that his vote for ObamaCare, which has no prolife protections hard-wired into the law, was not a betrayal of his prolife beliefs. SBA says it was a betrayal, and is correct. Driehaus's excuse was that President Obama wrote up an Executive Order with supposed prolife protections, which of course can be revoked at any whimsical presidential moment -- like, say, January 21, 2013 if he's reelected (or January 19, 2013 if he's not).
Twenty years ago, Senate Democrats and National Public Radio reporter Nina Totenberg colluded to try and ruin the Supreme Court nomination of Clarence Thomas by promoting the never-substantiated sexual harassment allegations of Anita Hill. If a woman ever claimed Barack Obama talked up Long Dong Silver porn films to her, you can bet it would be seen as an ugly, racist right-wing smear promoted by crackpots. But the liberal media presented Hill as a sober and centrist Saint Anita, not part of a lie-manufacturing left-wing conspiracy. (See Totenberg's activism in our new Special Report as one of the top 20 liberal excesses of public broadcasting.)
Hill strongly denied to the Senate Judiciary Committee that she was making these allegations for her own benefit or that she would be making any hay out of her time in the spotlight. Then at the end of 1993, news broke that she struck a million-dollar-plus book deal with Doubleday. On Friday, The Washington Post's Krissah Thompson filed a report that celebrated "her role" in the hearings, and completely sidestepped whether she was lying her face off.
Uniquely among the broadcast network evening newscasts, the NBC Nightly News on Thursday took a moment to recount an appearance by Brandeis University Professor Anita Hill commemorating the 20th anniversary of her Senate testimony making unsubstantiated accusations against Supreme Court Justice Clarence Thomas for sexually harassing her in the 1980s.
Anchor Brian Williams relayed Hill's contention that "her role in the hearings was worthwhile," before playing a clip of her asserting that her testimony "was not in vain." Below is a complete transcript of the segment from the Thursday, October 6, NBC Nightly News:
The Washington Post puffed up the rookie performance of liberal Supreme Court justice Elena Kagan on the front page Monday. The headline was “Kagan made her mark in a bold rookie term.” But inside the paper was the more obvious conclusion, in the headline: “Kagan soothed liberal fears by shoring up the court’s left flank.”
Reporter Robert Barnes is one of many liberal reporters who like pretending that Kagan was somehow an ideological mystery during the confirmation process, despite being picked to be Barack Obama’s solicitor general before the high court.
Former New York Times Supreme Court reporter Linda Greenhouse really let her liberal feelings show in her online column Wednesday, “Breaking News: The Civil War Is Over,” in which she linked opposition to the constitutionality of Obama-care to the U.S. Confederacy.
Greenhouse, who notoriously delivered a left-wing commencement speech at Harvard in June 2006, while still a reporter for the Times, was also offended to the core at a bumper sticker opposing national health care: “I don’t understand the moral compass of the owner of the fancy car I saw the other day that sported the bumper sticker: ‘Repeal Obamacare.’”
It appears that it's not news anywhere but at the Hartford Courant, where "Little Pink House" author Jeff Benedict reported the development on Saturday, and at Reason.com (HT to commenter dscott), which linked to the Courant story earlier today. I suspect it won't get much coverage at other establishment press outlets.
The development is that one of the four Connecticut Supreme Court justices in the 4-3 majority which ruled against Susette Kelo and the New London, Connecticut eminent-domain holdouts, ultimately sending the case to the U.S. Supreme Court, which ruled 5-4 against the plaintiffs in Kelo vs. New London, has apologized -- quite emptily, as it turns out -- to Ms. Kelo, face to face:
"A lawsuit against Fox News, filed by the Equal Employment Opportunity Commission, on behalf of FNC personality Catherine Herridge, was essentially thrown out yesterday by a U.S. District Court in Washington DC," MediaBistro's FishbowlDC site is reporting today.
Herridge hinted at sexism, ageism, and racism at the network, but apparently the judge didn't buy her complaint, noting favorable contract terms she was offered by the network, Fishbowl's Matt Dornic noted (emphasis mine):
Linda Greenhouse, former Supreme Court reporter for the New York Times, posted her twice-monthly column Wednesday evening, on the dangers of today’s conservative Supreme Court going “Over the Cliff” in defending...the right to free speech. You read that correctly: A liberal Times reporter is faulting a conservative Supreme Court for being on a "dangerous path" and showing "arid absolutism" by expanding the First Amendment's protections to corporations.
Greenhouse jump-started the discussion with a rarely-cited 1978 Court decision, First National Bank of Boston v. Bellotti:
In the Associated Press's writeup ("Social Security disability on verge of insolvency") of the situation occasioned by a congressional report repeating the obvious, Stephen Ohlemacher surprisingly and correctly retold a bit of the history which readers should find quite interesting, as it largely explains how the program got out of control (bold is mine):
NPR's Nina Totenberg spent more than 4 minutes on Wednesday's Morning Edition to supposed ethical conflicts of interest for conservative Supreme Court Justices Clarence Thomas, Samuel Alito, and Antonin Scalia. By contrast, Totenberg devoted only 17 seconds to the more current issue of liberal Justice Elena Kagan's service in the Obama administration as a factor in upcoming cases before the Court.
Host Renee Montagne introduced the correspondent's report by noting how both "liberal groups have chastised conservative justices for attending private conferences put on by conservative political interests, and conservative groups have responded by leveling some criticism in the other direction." However, the journalist devoted the first three minutes of a seven-and-a-half minute segment on the criticism launched at Clarence Thomas's wife from the left:
About the only "good" thing you can say about the Associated Press's coverage of Luzerne County, Pennsylvania judge Mark Ciavarella is that they have been consistent. That is, the wire service, led by reporter Michael Rubinkam, up to and including today, has consistently and disgracefully failed to tag the infamous "Kids for Cash" jurist and his judicial colleague in crime Michael Conahan as a Democrat.
The consistent failure is all the more unforgivable because, as shown here, one the earliest AP reports on the topic clearly stated that "Both are Democrats." Shortly thereafter, the sentence disappeared. Since then, to my knowledge (shown here and here), in the 2-1/2 years since the story first broke, no AP report on what the it has described as "one of the most shocking cases of courtroom graft on record" has tagged either judge as a Democrat.
New York Times liberal Supreme Court reporter turned liberal online Times columnist Linda Greenhouse filed her "scorecard" Wednesday of the Supreme Court’s recently concluded term. Even her terminology is slanted, translating conservative as "regressive" and liberal as "progressive."
Most regressive decision: In a competitive category, I’ll give the nod to a little-noticed decision the court issued just a week ago. By a vote of 5 to 4, with an unsigned opinion speaking for the majority, the court denied a temporary stay of execution to a Texas death-row inmate despite the urgent pleas of the federal government and the government of Mexico.
The House Judiciary Committee is launching an investigation to probe the involvement that Supreme Court Justice Elena Kagan had in “health care legislation or litigation” when she was serving as President Barack Obama’s solicitor general and was responsible for defending the administration’s position in federal court cases.
The investigation will look at whether Kagan is required by law to recuse herself from judging cases challenging President Obama’s health-care law and whether her answers to questions posed by the Senate Judiciary Committee during her confirmation process were accurate.