Media Matters Daily Summary 05-28-09

CNN's Bash reported conservative criticism of Sotomayor's comments, but omitted their context
In a report that aired repeatedly on CNN, Dana Bash repeated conservatives' criticism of past remarks by Sonia Sotomayor, but did not provide the context for those remarks. Read More

Wash. Post, WSJ omit context of Sotomayor remarks, despite reporting WH "out of context" statement
In articles on the political "battle" over Judge Sonia Sotomayor's nomination, The Washington Post and The Wall Street Journal omitted the context for remarks she made in 2001 and 2005, even though both articles included a response from the White House saying Sotomayor's comments are being taken "out of context." Read More

Fox News still trafficking in birth certificate theories
A Fox Nation headline advanced the falsehood that President Obama has not released a copy of his birth certificate. Read More

Wash. Times makes discredited claim that Sotomayor policy-making remark "runs counter to ... American legal tradition"
The Washington Times claimed that Judge Sonia Sotomayor's statement that the " 'Court of Appeals is where policy is made' ... runs counter to more than 200 years of American legal tradition." In fact, Sotomayor's explanation is in line with federal appellate courts' "policy making" role, as numerous legal scholars have noted. Read More

Fox falsely claimed Supreme Court has never agreed with the reasoning of a Sotomayor decision
A FoxNews.com article falsely claimed that the Supreme Court has never affirmed the outcome and reasoning of an opinion written by Judge Sonia Sotomayor. In fact, in Empire Healthchoice Assurance, Inc. v. McVeigh, the court affirmed Sotomayor's majority opinion and its reasoning. Read More

Wash. Times claims "extraordinary rebuke" for Sotomayor if Ricci is reversed
The Washington Times said in an editorial that a reversal of Sonia Sotomayor's Ricci v. DeStefano decision by the Supreme Court would be an "extraordinary rebuke." In fact, it would not necessarily be a rebuke -- as at least one justice indicated support during oral argument for the decision -- nor would it be extraordinary. Read More

Fox Nation baselessly claims Sotomayor "Wants to Ban Guns"
A Fox Nation headline baselessly claimed that Sonia Sotomayor "Wants to Ban Guns." The story it linked to reported only that Sotomayor was part of a panel that cited precedent from an 1886 Supreme Court case to rule that "the Second Amendment only restricted the federal government" -- not state governments. Read More

Blown circuits: Rove levels attack on Sotomayor based on false claim that she and Alito were colleagues
Karl Rove claimed that he "got wind of" allegations that Sonia Sotomayor "was combative, opinionated, argumentative" while reviewing the record of her "colleague on the court" Samuel Alito. In fact, Sotomayor served on the 2nd U.S. Circuit Court of Appeals; Alito served on the 3rd Circuit. Read More

The Right's supremely flawed opening argument against Sotomayor
President Obama could have nominated just about anyone to fill Justice David Souter's seat on the Supreme Court, and the conservative movement would have reacted just as they have to his nomination of Judge Sonia Sotomayor. Read More