New Fox News Promo Asks: Everyone Should Vote? Answers: No

In a promotion for a new John Stossel program on Fox News, the viewer is asked whether “everyone should vote.” That question, which by itself belittles the traditional American value of Democracy and civic participation, is followed by a loud game show style buzzer and a big red circle with a line through it – the universal symbol for the negative.

So once again, Fox is taking a position in favor of shrinking the electorate. It’s a position that is consistent with their campaign to help states purge their voter rolls of undesirable voters like minorities, seniors, students, and the poor. The evidence of their determination to undermine free elections is overwhelming. The vast majority of those on the purge lists of states like Florida and Pennsylvania are citizens who would be likely to vote Democratic. And just this morning a report revealed that the former head of the Florida Republican Party admitted in a court deposition that the party openly discussed plans aimed at “keeping blacks from voting.”

Conservatives have long had an aversion to full participation in Democracy. They believe that the right to vote is extended too generously to members of society that they don’t happen to like. Here is a brief sampling of their recent remarks on the subject beginning with Stossel himself:

John Stossel (Fox News): “Let’s stop saying everyone should vote.”

Matthew Vadum: “Registering [the poor] to vote is like handing out burglary tools to criminals. It is profoundly antisocial and un-American to empower the nonproductive segments of the population to destroy the country.”

Rush Limbaugh: “If people cannot even feed and clothe themselves, should they be allowed to vote?”

Judson Phillips (Tea Party Nation): “If you’re not a property owner, I’m sorry, but property owners have a little bit more of a vested stake in the community than not property owners do.”

Steve Doocy (Fox News): “With 47% of Americans not paying taxes – 47% – should those who don”t pay be allowed to vote?”

Republicans know they can’t win elections honestly, so they plot to steal elections by preventing, discouraging, and obstructing legitimate citizens from voting. And this new program on Fox is further evidence of their brazen disrespect for Democracy.

The Fox News Un-American 4th Of July Election Special

Demonstrating their blatant hostility to fairly representing the American people, Fox News broadcast an election special on the Fourth of July that consisted of almost exclusively conservative Republicans. Out of eleven political guests there was only one Democrat (Rep. Rob Andrews of New Jersey).

Balancing out that lone voice was Supreme Wacko Allen West (who thinks that there are 80 card-carrying Democratic communists in Congress), virulent Democrat hunter Darrell Issa (who never met a Democrat he doesn’t hold in contempt), and a panel of eight all-GOP House freshmen. Even for Fox this is a strikingly unbalanced division of ideologies.

Frank LuntzThe host of the program was the GOP “Word Doctor,” Frank Luntz. Luntz is best known for developing rhetoric and catch phrases to deceive people into supporting programs they would never back if they were told the truth about them. Recently Luntz held a seminar with GOP leaders advising them on how to mislead their constituents. Luntz advised Republicans to avoid certain words and replace them with others that he had focus-group tested. For instance: Out: Capitalism / In: Economic Freedom.” When conservative PR flacks tell Republicans not to talk about capitalism, a significant shift is taking place.

The program’s highlights included Allen West reiterating his belief about communists infiltrating Congress. No one bothered to challenge his nightmarish delusions. Darrell Issa was allowed to defend his inquisition of the Obama administration via a softball question about whether he thought he was too hard on Democrats. Did they really expect him to say “yes?” No one bothered asked him why his Committee on Oversight never held hearings on Republican malfeasance.

The program was so steeply slanted that the set was decorated with paintings of past presidents, but not a single Democratic president was on display. It was a feast of both overt and subliminal propaganda that sought to pretend that there was only one political opinion that encompassed the whole of the American population. For Fox News to schedule this brazenly partisan hour of Republican PR on Independence Day and label it an “American Roundtable” is evidence of just how far they will go to promote their benefactors in the party of the Greedy One Percent (aka GOP). They are going to be unpleasantly surprised when they discover that there are millions of Americans who do not share their self-serving, elitist views, but who aspire to a more inclusive and uplifting agenda that seeks to make “liberty and justice for all” more than just a slogan to be exploited by cynical Republicans and deceitful “news” networks.

Fox News Reports: Rupert Murdoch Endorses Unconstitutional Lawlessness

In the wake of President Obama’s announcement that his administration would suspend deportation of certain younger immigrants who came to this country as children, Fox News and a phalanx of Republican lawmakers rushed to characterize the plan as a violation of the law and a breach of the constitutional separation of powers. Never mind the fact that the immigrants affected by this initiative never broke any law, and that their immigration status would be technically unchanged, the panicked martinets of virtue on the right are aghast at what they perceive as an immoral grant of amnesty.

One notable exception to this is the CEO of News Corp, Rupert Murdoch. Along with fellow captains of commerce, Klaus Kleinfeld of Alcoa and Philippe Dauman of Viacom, Murdoch released a statement applauding the President’s action:

“We hope this prompts Congress to reach agreement on common-sense immigration policies that reflect American labor market needs and American values. Young people who had no choice over coming to this country, have grown up here and now want to become productive members of our society should not be treated like criminals.”

Yep, Rupert Murdoch said that. What’s interesting is that Murdoch’s statement stands in stark contrast to what some of his own employees at Fox News are saying on the subject. This has set off a battle over deportation, but it’s more of battle between Fox News with it’s boss, than with President Obama.

Fox News Immigration Battle

Sarah Palin: Our president still doesn’t understand the three branches of government. He thinks he can usurp the Congressional branch of our government and dictate and mandate a policy like this.

Charles Krauthammer: Beyond the pandering, beyond the politics, beyond the process is simple constitutional decency. This is out-and-out lawlessness.

Monica Crowley: It’s such a naked politically pandering move […] a breathtaking power grab by the president.

And the Republican parade of circular kneejerkers predictably piled on with hyperbolic accusations of political opportunism and illegality, beginning with the President’s GOP opponent who falsely describes the policy as an executive order.

Mitt Romney: I think the action that the president took today makes it more difficult to reach [a] long term solution because an executive order is of course just a short term matter.

Steve King (R-IA): Americans should be outraged that President Obama is planning to usurp the Constitutional authority of the United States Congress and grant amnesty by edict to 1 million illegal aliens.

Allen West (R-FL): Is this one of those backdoor opportunities to allow people in the next five months to get the opportunity to vote? Will we see Janet Napolitano and the President come out with a new edict that says since we allow these people to be here legally, we’re now going to allow them to vote? How far down the rabbit hole will it go?

Marco Rubio (R-FL): By once again ignoring the Constitution and going around Congress, this short term policy will make it harder to find a balanced and responsible long term one.

Dan Coats (R-IN): The administration’s unilateral decision today to give amnesty to certain illegal immigrants is not the answer.

Chuck Grassley (R-IA): The President’s action is an affront to the process of representative government by circumventing Congress and with a directive he may not have the authority to execute.

Lamar Smith (R-TX): President Obama and his administration once again have put partisan politics and illegal immigrants ahead of the rule of law and the American people.

Lindsey Graham (R-SC): President Obama’s attempt to go around Congress and the American people is at best unwise and possibly illegal.

By condemning the President in this manner, all of these stalwart, conservative politicians and pundits are also condemning their primary media benefactor, Rupert Murdoch, who supports Obama’s decision. It would be fun to ask Murdoch for his response to the charge that he advocates the unconstitutional usurpation of tyrannical powers on behalf of foreign criminals invading the country to steal our jobs. Especially when some of those making the charge work for him.

What’s worse is that the charges flying wildly from conservative ranks are wholly erroneous and irresponsible. There can be no constitutional infraction of law when there is no change in law whatsoever. The President is merely exercising the same sort prosecutorial discretion that is practiced everyday by the Justice Department and attorney generals in every state. And the charge that this policy is a path to amnesty or citizenship ignores the fact that there is no change at all in the legal status of those affected. Leading the way in delusional diatribes, as usual, is Allen West, who manages to squeeze a voter fraud conspiracy out of this issue.

Some of the President’s critics are decrying the policy shift as “political.” The problem with that complaint is that anything the President does between now and election day could be characterized as political. If he were to commit military resources to the Syrian rebels, whose need is dire, Republicans would denounce it as politically timed. The same criticism would emerge were he to greenlight the KeystoneXL pipeline, an action favored by the GOP. It literally wouldn’t matter what the issue is, the right would attack it as politics.

The truth is that the charge of politicization is itself political. It is the last resort of a critic who is unable to make any substantive criticism. And, in the end, what’s really wrong with political decision making? Isn’t it just the execution of policy that pleases a constituency? And isn’t it the role of public servants to produce the results that the public wants?

Let’s face it, this is just another example of President Obama being unable to do anything that will satisfy his critics. By taking affirmative steps on an important matter, Obama is accused of being political. Were he not to take such steps he would be accused of neglecting the duties of his office. In effect, the right is insisting that no president do anything of significance during an election year. Of course, if that were to occur that president would be maligned for being more interested in campaigning than governing. Lose/lose.

For the past three and a half years the Republicans have demonstrated their preference for legislative stalemate rather than risk the President achieving something positive for the nation and getting credit for doing so. They are putting their own electoral welfare and lust for power above that of the country, and that, more than anything else, is political.

GOP Chairman Rush Limbaugh Chides Democrats For Straying From Message

In an exercise of Olympian hypocrisy, Rush Limbaugh, the de facto chairman of the Republican Party, spent much of his radio program today lambasting Democrats who he alleges have gotten off message or, even worse, “endorsed” Mitt Romney. Chairman Rush’s unique and dishonest means of expressing this observation is to say that the offending Democrat was “taken to the woodshed.”

“So it looks like Bill Clinton, ladies and gentlemen, was taken to the woodshed. Bill Clinton was taken to the Cory Booker Memorial Woodshed for endorsing Romney last week. You’ve got to wonder, what is in this woodshed to get so many people to change their tunes so quickly? It’s gotta be a pretty big woodshed. All these Democrats have been taken to the woodshed. In Clinton’s case, it could almost be anything in that woodshed: pictures, stained dresses. The mind boggles.”

Oh boy, is that Rush fella a barrel of laughs, or what? Although, I haven’t figured out exactly what he’s talking about when he says “All these Democrats…” The only ones that Chairman Rush identifies are Clinton and Booker, and neither of them were taken to a woodshed, or anywhere else. They have always been, and continue to be strong supporters of President Obama. Clinton even said that if Romney were elected it would be “a calamity for the country and the world.” I suppose that’s what Chairman Rush considers an endorsement because, on the GOP side, so many of Romney’s supporters have been achingly public about how much they hate him. It was Newt Gingrich who called Romney a “Massachusetts Moderate.” And Rick Perry called him a “Vulture Capitalist.”

But the really striking departure from reality for Chairman Rush is that no one exemplifies the persona of a strongman dictator better than Rush himself. Last year there were several high-ranking GOP leaders who were called to come before their master and grovel for forgiveness. They included Michael Steele, John Boehner, Mitch McConnell, Darrel Issa, Mark Sanford, Phil Gingrey, and even Sarah Palin, who excused Rush’s use of the word “retard,” so long as it was used against liberals.

Even if what Limbaugh is saying were true, it would not be particularly surprising for the President to express his desire that his surrogates be aligned with his agenda. He is the candidate and the leader of the party. However, it is appallingly inappropriate for a radio loudmouth to make actual politicians cower before him and seek his blessing. Limbaugh may think he’s cute with his “Cory Booker Memorial Woodshed” business, but it’s Limbaugh who invented the concept and still demands that Republicans subject themselves to his dominance or face the “Rush Limbaugh Memorial Waterboard Shed.” And the sad part is that the Republicans so willingly acquiesce to Limbaugh’s authority.

Fox Nation vs. Reality: West Virginia Is For Lovers Of Felons

Yesterday was another election day in this seemingly never-ending primary season. And, true to its nature, Fox Nation has managed to mangle reporting of what took place. Here is the headline they went with this morning: “Democrats Pick Jailed Felon Over Obama.”

Fox Nation

There are only two reasons that Fox would run with this story: 1) It makes Obama look bad. 2) They had funny pictures of Obama and a pony-tailed felon. The decision to publish this obviously had nothing to do with truthful reporting because, contrary to the sensationalistic headline, the Democrats did not pick a jailed felon over Obama. The felon lost. Nevertheless, Fox posted this story at the top of their web page indicating that they considered it more important than any other election news, such as the defeat of veteran senator Dick Lugar in Indiana and the victory for homophobes in North Carolina.

More to the point, however, the Fox Nationalists failed to provide any context for this item. They never mentioned that in West Virginia Independents are permitted to vote in any primary. What’s more, all voters are permitted to declare and/or change their party affiliation in the voting booth. Consequently, there is a pretty good chance that the votes for the felon were actually made by Republicans seeking to cause mischief. Since Obama was not being challenged by any serious candidate, the turnout for Democrats was probably quite low. And since Romney’s opponents had all quit, GOP voters could safely cast their votes for a joker on the Democratic ballot.

In any case, the tendency for some portion of West Virginians to align themselves with a white criminal over the President says more about them than it does about Obama. And a closer look at the felon reveals a decidedly Republican mindset. His FEC filings resemble the mission statements of Tea Partiers that rant about gun rights and the Tenth Amendment to the Constitution. That affirms the likelihood that his voters are predominantly right-wingers.

Another bit of context that was left out is that 30% of Republicans voted against Romney in the GOP primary. That means that 30% of West Virginian GOP voters preferred people who were not even in the race to their presumptive nominee. And more West Virginians overall cast ballots for Obama (70k) than for Romney (54k). But don’t expect to hear any of this from Fox News.

News Corpse Endorses Tea Party Candidate For Indiana Senate

State treasurer Richard Mourdock is challenging veteran Dick Lugar for his senate seat in Indiana. Mourdock is a Tea Party favorite and has been endorsed by Sarah Palin. For those reasons, and the explanation below, News Corpse is jumping on the Mourdock bandwagon.

Richard Mourdock

Lugar is a popular figure in Indiana across the political spectrum and would be a shoe-in for reelection in November. He is seeking his seventh term in the U.S. Senate and is the third most senior member of the body. Were he to win, and if the Republicans gained a majority, Lugar would become the President Pro Tempore of the Senate and third in line for succession to the presidency.

However, Indiana’s Republican primary voters are poised to throw all of that away on an ultra-conservative state pol with a narrow range of support from the Tea Party and right-wing SuperPACs from outside the state. He is presently beating Lugar in recent polls and has a significant financial advantage due to the wealthy PACs who are backing him like the Club for Growth and Americans for Prosperity.

The good news is that there are some precedents for his candidacy that point to an outcome that Democratic operatives are excited about. In 2010 there were seven candidates who defeated establishment Republicans in the GOP primaries. All seven were supported by the Tea Party (and most by Sarah Palin). And all seven lost to Democrats in the general election. Some of these seats would have gone easily to the Republican that lost in the primary, and but for that, the GOP might have been in the majority now.

The same scenario is playing out today in Indiana. It would be highly unlikely that Democrat Joe Donnelly would defeat Lugar in the general, but he is running neck and neck with Mourdock in recent polling. So a Mourdock victory on Tuesday represents the Democrats best chance to pick up a senate seat that would otherwise not be in play. And history suggests that Mourdock’s prospects are dim. Just take a look at Christine O’Donnell (DE), Joe Miller (AK), Ken Buck (CO), Linda McMahon (CT), Carl Paladino (NY), Sharron Angle (NV), and Carly Fiorina (CA).

So thanks Mr. Mourdock, and good luck on Tuesday. If you prevail in the primary you will be doing the Democrats a huge favor by opening up an opportunity they hadn’t expected. Even if you win in November, it will be better for Dems because you’ll be a junior member with no seniority and the ill will of your colleagues for having ousted their pal, Lugar.

Republican PR Agency – AKA Fox News – Promotes GOP Campaign Ads

In October of 2009, then White House Communications Director, Anita Dunn, made an observation that was well known to most media watchers, but was unique and courageous for a political operative in the White House:

“The reality of it is that Fox News often operates almost as either the research arm or the communications arm of the Republican Party. And it is not ideological…what I think is fair to say about Fox, and the way we view it, is that it is more of a wing of the Republican Party.”

Since then Fox has labored diligently to confirm Dunn’s analysis. And lately Fox is performing their PR duties without even attempting to disguise their intentions. On the Fox Nation web site they have taken to posting Republican campaign ads with open praise and support for the message. These are just from this week:

Fox Nation GOP Ads

Celebrity Obama Crushed By Rove Ad
Karl Rove’s super PAC group American Crossroads has released a devastating new ad targeting the celebrity of Obama.

DEVASTATING AD UNLEASHED ON OBAMA
A non-profit Republican organization is poised to run $2 million worth of ads in battleground states attacking President Barack Obama for controversies involving tax payer dollars, according to the group [American Future Fund].

Devastating Ad Shreds Celebrity Obama: You’re Not Funny, Mr. President
The Republican National Committee looked to draw a contrast between Mitt Romney’s victory speech on Tuesday night, and President Obama’s appearance on “Late Night with Jimmy Fallon.”

Notice the Fox Nationalist’s fetish for the word “devastating.” It seems that the GOP PR machine is incapable of producing anything that isn’t devastating. Either that or Fox is such a desperate practitioner of mind control that they have to take their dimwitted readers by the leash and instruct them on how they should react to these doggy treats. [Note: Fox Nation is no stranger to over-the-top hyperbole]

It was only a couple of weeks ago that Fox Nation attempted to get away with posting the same GOP-friendly spot twice in order to double its exposure. The second posting was labeled as “new” despite it being a repeat, demonstrating how brazenly Fox will lie to their audience in pursuit of their mission to brainwash the gullible waifs.

None of this accidental. The campaign ads posted by the Fox Nationalists are not there for any news value. They never post ads from the Obama campaign for fairness and/or balance, which a legitimate news operation would do. The sole purpose of this editorial prejudice is to advance the electoral prospects of Republican candidates, and to smear President Obama. The funny thing is, they aren’t even very good at that. Take a look at the latest ad from the Republican National Committee:

Of course, the goal of the RNC is to propel the GOP brand and, with the help of their Fox associates, take advantage of the free publicity from Fox News. But from my perspective, they have just produced an ad that reminds viewers how much cooler Obama is than their flaccid candidate. It is comforting to know that there is a GOP strategist(s) somewhere in the corridors of the RNC with a pocket-protector and taped-up spectacles who actually thinks that he is doing his side a favor with this video showing a stiff and insincere Romney, juxtaposed with a smooth Obama demonstrating his sense of humor.

So keep up the good work. And if Fox wants to continue disseminating this counterproductive flopaganda, they have my hearty consent.

Fox News Distorts WikiLeaks Data To Advance Phony Voter Fraud Claims

Republicans have lately been busy pushing a manufactured fallacy that there is rampant, in-person voter fraud destroying fair elections across America. Of course, they haven’t put forth any evidence of it, but they are pushing nonetheless. They held a hearing in the House last week that was brimming with emptiness and misinformation. And they have retained their personal PR machine – aka Fox News – in the effort.

Now, just when you thought that the GOP/Fox News racket was already so far gone that reality for them was a distant memory, they dispatch their inbred cousins at Fox Nation to dispense a story that is rooted in nothing but a frantic illusion.

Fox Nation

Let’s set aside the irony that Fox is now fronting for allegations emanating from Wikileaks, an enterprise they have previously discounted as disreputable and even traitorous. More troubling is that they have utterly misunderstood the data Wikileaks has released. The data at issue is emails that were acquired through the hacking of the secretive, private intelligence firm Stratfor. In particular there was an email from one Stratfor executive to another that Fox is alleging reveals vote tampering on the part of Democrats in the 2008 election. However, that is not what the email says:

“The black Dems were caught stuffing the ballot boxes in Philly and Ohio as reported the night of the election and Sen. McCain chose not to fight. The matter is not dead inside the party. It now becomes a matter of sequence now as to how and when to ‘out.'”

Clearly the email states the alleged tampering was “reported the night of the election.” So that is not the revelation. If anything is considered newsworthy here it is whether the McCain camp chose to make an issue of news that was already known. But even that is dubious in that there are no reports I can find of any vote tampering in Ohio or Philadelphia post-2008 at all. So this may just be some wild speculation between a couple of private, right-wing spooks upset that their guy lost. It is certainly not evidence of anything by any stretch of the imagination. Where are the “black dems” who were supposedly caught? None of that, however, stopped the Fox Nationalists from publishing the questioning headline above at the top of their web site.

To compound the fabricated propaganda, Fox also posted a story alleging “Massive Voter Fraud Uncovered in Virginia.” And once again, the story was a phony piece of hyper-sensationalized nonsense. Fox was attempting to portray the news as proof of voter fraud that would justify enacting discriminatory voter ID laws. Had any of Fox Nation’s glassy-eyed readers bothered to click through the deceitful headline to the source article, they would have read this:

“The majority of cases reviewed by The Times-Dispatch that resulted in arrests in central Virginia involved felons who either illegally registered to vote or who illegally voted in the general election, or both. Felons cannot vote in Virginia unless their rights are restored by the governor.

None of the cases appeared to involve someone who misrepresented his or her identity at the polls to vote.

That’s right, none of the cases would have been prevented had there been strict requirements for photo IDs that disenfranchise thousands of legitimate voters. The article explains that prospective voters were told by registration collectors that their felony status would not impair their voting privileges. So this appears not to be a case of voter fraud at all, but a case of registration errors wherein the voter was doing what they believed to be proper. The person registering the voter may be guilty of something if they made knowing misrepresentations to the registrant. But in either case, the proposed voter ID laws would not have prevented any ineligible votes because the voter would have presented their own ID and would have been permitted to cast a ballot.

Laws already exist that address the legal conduct of voting registration agents and, as this case demonstrates, they are being enforced. There are also procedures in place to purge ineligible voters from voting rolls (i.e. felons), and they can be enhanced by new technologies to become more accurate and efficient.

This is another example of an allegation of massive voter fraud that failed to verify any such claim. This embarrassing dishonesty follows a special report on Fox News this weekend titled ‘Fox News Reporting: Stealing Your Vote.” As an analysis by Media Matters shows, there were no certified incidents in the entire hour long program of any votes being stolen that could have been prevented by new voter ID laws.

For a problem that Fox and Republicans are trying so hard to build into a nationwide crisis, they are having an awfully difficult time of coming up with even a sliver of evidence. And of course the reason is that there is none. Their only aim is to hype the phony controversy so that they can get laws passed that will prevent thousands of mostly Democratic voters from being able to exercise their right to vote. This is a despicable campaign by a political party and their media accomplice to subvert democracy and dishonestly gain control of government that they otherwise cannot win fairly.

For Those Who Still Don’t Think That Fox News Is The PR Arm Of The GOP

If there is anyone out there who still thinks that Fox News is a fair and balanced news enterprise, as opposed to a Republican promotional agency, check out these recent stories at their Fox Nation web site:

RNC Catches Obama Using ‘Same Tired Rhetoric’ April 5, 2012.
Obama’s budget speech yesterday recycled the exact same scare tactics he used last year. See the original RNC video showing Obama’s State of the Union speeches side-by-side.

New Video Exposes Myth of Obama’s Great Speechmaking April 11, 2012.
Obama’s recent budget speech recycled the exact same scare tactics he used last year. See the original RNC video showing Obama’s State of the Union speeches side-by-side.

That’s right. The Fox Nationalists posted a story on April 5, and then posted the exact same story on April 11. When posted the second time they labeled it as “New.” The entirety of the story is a video by the Republican National Committee mocking President Obama for reprising a speech this year that he had made last year, as if he were guilty of plagiarizing himself. Politicians often reuse speeches when they are speaking on the same subject. Have the Fox Nationalists ever heard of a stump speech?

There is a comical irony in that Fox is rerunning a GOP video that is critical of Obama for rerunning a speech. That irony escapes the Fox dimwits. But what’s really disturbing about this is that Fox is just replaying Republican propaganda as if they were retained to promote the GOP brand. Perhaps they weren’t satisfied with the number of views the video got the first time they posted it, so they threw it up there again. How many times do they plan to run it?

This is nothing but a gift of free publicity from Fox News to the Republican Party. When will the Federal Elections Commission realize that Fox is acting on behalf of the GOP and force it to report these in-kind donations on their financial disclosure forms?

Remember When Conservatives Were Against Unelected Judges And Judicial Activism?

In another brazen exercise in hypocrisy, conservatives have launched a coordinated attack on President Obama for remarks that were entirely reasonable and uncontroversial. The President was asked by a reporter how he would respond if the health care reform bill currently being debated by the Supreme Court were to be ruled unconstitutional. His response said in part…

“I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress. And I’d just remind conservative commentators that for years what we’ve heard is, the biggest problem on the bench was judicial activism or a lack of judicial restraint — that an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example. And I’m pretty confident that this Court will recognize that and not take that step.”

This has set off a round of panic attacks in right-wing circles as knee-jerk contrarians accuse Obama of undermining the constitution, subverting democracy, and even threatening the Supreme Court. Where any objective person can find the presence of a threat in the President’s remarks is beyond incomprehensible. It’s Obama Derangement Syndrome in action. Conservatives assert that these comments were intended by the President to be a warning for the justices deliberating the case. Never mind that Obama in no way implied that there would be consequences if the justices did not arrive at a particular ruling, only that he was confidant of a favorable outcome. That’s pretty much the position taken by anyone interested in a pending judicial proceeding. And as the President said explicitly, he was just reminding conservatives of their own long-held views on judicial activism.

The Right-Wing Noise Machine has been spinning feverishly to push this issue in order to damage the President and cast him as opposed to constitutional principles. Rush Limbaugh and Karl Rove called Obama a thug. Mark Levin said that he declared war on the Court. Fox Nation currently has at least eleven articles on this subject. And Fox News has been running numerous segments including one this morning that featured three former George W. Bush staffers to assert that what Obama said was unprecedented and nothing like anything that Bush ever said (see below).

Among the complaints being hurled by the right-wing, extremist opponents of the administration is that Obama’s use of the phrase “unelected judges” amounts to a form of tyranny and is an affront to judicial independence. But it is Republicans who have been more often associated with that phrase over the years as they brandish it every time a court rules against whatever pet litigation they are pushing – especially when it concerns reproductive rights or gay marriage. For example, here are a few instances when the very people lambasting Obama today used identical language when it served their purposes:

  • Mitt Romney: Today, unelected judges cast aside the will of the people of California who voted to protect traditional marriage.
  • Mitt Romney: The ruling in Iowa today is another example of an activist court and unelected judges trying to redefine marriage and disregard the will of the people as expressed through Iowa’s Defense of Marriage Act.
  • Rick Santorum: 7M Californians had their rights stripped away by activist 9th Circuit judges.
  • Newt Gingrich: Court of Appeals overturning CA’s Prop 8 another example of an out of control judiciary. Let’s end judicial supremacy
  • Speaker John Boehner: This latest FISA proposal from House Majority leaders is dead on arrival. It would outsource critical national security decisions to unelected judges and trial lawyers.
  • Rep. Roy Blunt (R-MO): Today, the decision of unelected judges to overturn the will of the people of California on the question of same-sex marriage demonstrates the lengths that unelected judges will go to substitute their own worldview for the wisdom of the American people.
  • Sen. Jeff Sessions: This ‘Washington-knows-best’ mentality is evident in all branches of government, but is especially troublesome in the judiciary, where unelected judges have twisted the words of our Constitution to advance their own political, economic, and social agendas.
  • Rep. Tom Feeney (R-FL): I’m appalled that unelected judges have irresponsibly decided to legislate from the bench and overturn the will of the people.
  • George W. Bush: This concept of a “living Constitution” gives unelected judges wide latitude in creating new laws and policies without accountability to the people.
  • Thomas Sowell: Unelected judges can cut the voters out of the loop and decree liberal dogma as the law of the land.
  • Laura Ingraham: We don’t want to be micromanaged by some unelected judge or some unelected bureaucrat on the international or national level.
  • Gov. Rick Perry: [The American people are] fed up with unelected judges telling them when and where they can pray or observe the Ten Commandments.
  • Pat Robertson: We are under the tyranny of a nonelected oligarchy. Just think, five unelected men and women who serve for life can change the moral fabric of our nation and take away the protections which our elected legislators have wisely put in place.
  • Robert Bork: We are increasingly governed not by law or elected representatives but by an unelected, unrepresentative, unaccountable committee of lawyers applying no will but their own.
  • Sen. Orrin Hatch: A small minority and their judicial activist allies are seeking to usurp the will of the people and impose same-sex marriage on all of the states. Ultimately, the American people, not unelected judges, should decide policy on critical social issues such as this one.
  • Steve Forbes: You have judicial activism, where unelected Supreme Court justices are trying to impose a state income tax.
  • Glenn Beck: Even if you agree that the role of government is to take wealth from one to another, should it be the role of unelected judges and justices that do this?
  • Sen. John McCain: We would nominate judges of a different kind […] And the people of America – voters in both parties whose wishes and convictions are so often disregarded by unelected judges – are entitled to know what those differences are.
  • Justice Antonin Scalia: Value-laden decisions such as that should be made by an entire society … not by nine unelected judges.

If the conservatives quoted above were to be consistent, they would now be pleading with the court not to overturn the health care reform bill that was passed by super-majorities in both houses of congress. Instead, the right is aghast that a Democratic president would deign to remind them of their own principles and is clamoring for a judicial resolution. It has already been demonstrated that Republicans have no problem switching positions once Obama has agreed to them. Cap and trade and insurance mandates were both originally proposed by Republicans, but as soon as Obama announced support for the concepts the GOP reconsidered and insisted they were the socialist ideas of an aspiring dictator.

Now that one of the GOP’s favorite attack lines, judicial activism, has been usurped by the President, conservatives are crawling out of the woodwork to characterize it as an assault on the judiciary. Republicans have always defined judicial activism as the act of judges ruling against them. When judges rule in favor of the conservative position they regard it as following the constitution. So hypocrisy is not a particularly surprising development in this matter. But the degree to which it is demonstrated here may set new records for shamelessness.


Erwin Chemerinsky, Dean of the University of California Irvine Law School, wrote in his book, “The Conservative Assault on the Constitution” that…

Although there is no precise definition of judicial activism – it often seems to be a label people use for the decisions they don’t like – it seems reasonable to say that a court is activist if it overturns the actions of the democratically elected branches of government and if it overrules precedent. In fact, conservatives, including on the Supreme Court, often have labeled decisions striking down the will of popularly elected legislatures as ‘activist.'”

Activism is in the eye of the beholder, but there is no doubt that conservatives have been at the forefront of scolding courts for ruling against them. Taking that to the extreme is Newt Gingrich who recently told Bob Schieffer on Face the Nation that he advocated arresting judges to force them to defend unpopular decisions before Congressional hearings. If that isn’t a threat against the judiciary, what is?

The right has very little problem with violating the constitution when it comes to separation of powers. Just this week a conservative judge on the 5th Circuit Court of Appeals gave a Department of Justice attorney an unusual homework assignment. In a case unrelated to the one before the Supreme Court, Judge Jerry Smith wondered whether Obama was suggesting “that it is somehow inappropriate for what he termed ‘unelected’ judges to strike acts of Congress.” Then Smith ordered the attorney to produce a three page letter “stating specifically and in detail in reference to those statements what the authority is of the federal courts in this regard in terms of judicial review. That letter needs to be at least three pages single spaced.”

It is difficult to imagine on what basis this judge has assumed authority to issue such an order. It is a blatantly political and petulant demand that can only be intended to insult and embarrass the DOJ and the President, and has no bearing on the case before him. The President never said that the Supreme Court could not overturn an unconstitutional law. He just said that he didn’t believe that this law was unconstitutional and therefore, in his view, and that of many legal experts, should not be overturned. Judge Smith is a bald-faced partisan and would be more at home on Fox News than on the bench.

The question is, what will Republicans say if the Court upholds the health care reform bill? Would that be an act of judicial tyranny against the will of the people (never mind that the bill was passed by the people’s representatives in congress with super-majorities in both houses)? And how can Republicans continue to rail against Roe v. Wade as the ultimate example of an activist judiciary now that they have established that such a charge is tantamount to tyranny and regarded as a threat?

The answer, of course, is that conservatives will do what they always do: pretend that their prior assertions never existed or don’t apply. They will trudge forward with blindfolds over their eyes and plugs in their ears, unimpeded by anything they said previously, no matter how badly it contradicts what they are saying now. It’s hypocrisy at its best and the Republican way of life.