Fox Nation vs. Reality: You Don’t Have To Defend Laws That Are Unconstitutional

Whenever Fox News encounters an issue that offends their rightist ideological biases, their automatic response is to construct a deliberately misleading campaign to distort the facts. But sometimes the facts make it too difficult for them to refute in terms simple enough for their dimwitted audience to grasp. And in those times of difficulty, Fox simply decides to make up arguments that have no basis in reality.

Fox Nation

For more examples of Fox’s rank dishonesty, read Fox Nation vs. Reality.

The Fox Nation website is often the first place that these rhetorical concoctions show up. Take for example the article they posted claiming that Attorney General Eric Holder advised the nation’s state attorneys general that “You Don’t Have to Enforce Laws You Don’t Agree With.” Anyone who knows how Fox works has already figured out that Holder said no such thing. What he said, as reported by the New York Times, was that, “[S]tate attorneys general are not obligated to defend laws that they believe are discriminatory.”

Notice the difference in these quotes between the words “enforce” and “defend.” What Holder was talking about was whether or not state officials are obligated to defend the constitutionality of laws that are being challenged in the courts. He never suggested that the laws as enacted should not be enforced by local police agencies while they are in effect. Holder was merely pointing out, quite correctly, that no state is required to mount costly and time consuming defenses of laws that it believes do not pass constitutional muster.

The Fox Nationalists, however, were incapable of presenting a valid argument against Holder’s actual remarks, so they altered them to create the appearance that Holder was advocating that states neglect any laws that they don’t like. And rather than linking to the original source in the New York Times, Fox linked to the ultra-conservative blog Townhall, whose assessment of the controversy was utterly false:

Townhall: Attorney General Eric Holder is taking the lawless attitude of the Obama administration and passing it down to state attorneys general. Yesterday during an interview with The New York Times, Holder said state attorneys general do not have to enforce laws they disagree with, specifically when it comes to the issue of gay marriage.

Once again, that is not even remotely what Holder said. Enforcing the law as enacted in the state is an entirely different matter than defending the law against constitutional challenges in federal courts. Holder himself demonstrated the principle behind this position last year when he declined to defend the constitutionality of the federal Defense of Marriage Act. The Supreme Court later struck it down as unconstitutional. So Holder was right, and his position prevented the waste of scarce resources on a vain mission to defend the indefensible. Nevertheless, the law was fully enforced up until the Supreme Court issued its ruling.

The editors and producers at Fox News know the difference between the concepts of enforcing and defending a law. They are intentionally misrepresenting the facts in order to disparage Holder and the Obama administration. And they are exploiting the fact that their viewers are too partisan and incurious to discover or understand the truth. That is not how ethical journalism is done. But then, Fox News has never been much of a proponent of ethical journalism.