The View From 1776

---------------------
The News Junkie on Maggie’s Farm website refers the reader to an interesting posting on Brendan Nyhan’s website, which is reproduced below.

Mr. Nyhan dissects the current NARAL TV ad, which portrays Judge Roberts as supporting violence by protesters at abortion clinics.  The facts are almost the opposite.

This is a good example of Big Brother’s NewSpeak, which was discussed in Political Double-Talk: Lying With a Straight Face.

As Joseph Goebbels, Hitler’s propaganda minister, demonstrated, tell the Big Lie often enough and people will believe it.

***********
Brendan Nyhan

August 09, 2005
NARAL tries to stir up Roberts fight
Let the interest group hysteria begin!

NARAL, playing the role of the middle school crowd that taunts kids into fighting each other, has released a nasty ad that “accuses Supreme Court nominee John G. Roberts Jr. of siding with violent extremists and a convicted clinic bomber while serving in the solicitor general’s office,” as the Washington Post put it.

After showing a woman injured in a bombing of an abortion clinic, the ad states that “Supreme Court nominee John Roberts filed court briefs supporting violent fringe groups and a convicted clinic bomber,” with the announcer later adding, “America can’t afford a justice whose ideology leads him to excuse violence against other Americans.”

I have no opinion right now on the argument Roberts made to the Court—I’m not familiar with it, and I’m not a lawyer. But the implications of NARAL’s attack are troubling. Our society is based on the rule of law. That means that if a statute is being applied incorrectly, it is wrong to enforce no matter how loathsome the defendant may be. Would NARAL have the government cease to file amicus briefs on behalf of violent criminal defendants? And remember, Roberts was working for the government at the time. The brief he filed may or may not reflect his personal views.

Here’s the context the ad omits (from the Post):

The case came during a period of widespread blockades of abortion clinics, including in the Washington suburbs, and involved figures convicted of anti-clinic violence. The issue before the court in Bray v. Alexandria Women’s Health Clinic , however, focused more narrowly on whether the anti-discriminatory Ku Klux Klan Act could be applied against abortion protesters.

In his oral argument before the court, Roberts said, according to a transcript of the proceedings, “The United States appears in this case not to defend petitioners’ tortious conduct, but to defend the proper interpretation” of the statute.

Roberts’s allies said his views on violence were clear from a 1986 White House memo, endorsed by Roberts when he served in the White House counsel’s office during the Reagan administration, which said violent abortion protesters should not receive special consideration for presidential pardons. “No matter how lofty or sincerely held the goal, those who resort to violence to achieve it are criminals,” the memo said.

And of course, even though the ad clearly implies Roberts was “supporting” the clinic bombers and “excuse[d]” their actions, NARAL denied this to the Post, with their president saying that “We’re not suggesting that Mr. Roberts condones clinic violence.”

Right.

The irony is that this is the same sort of black-or-white logic that liberals denounce when the shoe is on the other foot. Criticizing the execution of the war on terror doesn’t mean you support Osama bin Laden. And filing a brief against the application of a law to violent anti-abortion protestors doesn’t mean you support their actions. If we can’t make these sorts of elementary logical distinctions, our democracy is doomed.

Update 8/9: Here’s FactCheck.org on the ad:

[T]he ad misleads when it says Roberts supported a clinic bomber. It is true that Roberts sided with the bomber and many other defendants in a civil case, but the case didn’t deal with bombing at all. Roberts argued that abortion clinics who brought the suit had no right [to] use an 1871 federal anti-discrimination statute against anti-abortion protesters who tried to blockade clinics. Eventually a 6-3 majority of the Supreme Court agreed, too. Roberts argued that blockades were already illegal under state law.

The images used in the ad are especially misleading. The pictures are of a clinic bombing that happened nearly seven years after Roberts signed the legal brief in question.

August 11, 2005
More on NARAL ad
Following up on my post from yesterday, the NARAL ad against John Roberts is already drawing criticism from prominent NARAL allies:
Within the larger liberal coalition of which Naral is a part, there was considerable uneasiness about the advertisement, although leaders of other groups generally refused to speak on the record. One who did, Frances Kissling, the longtime president of Catholics for a Free Choice, said she was “deeply upset and offended” by the advertisement, which she called “far too intemperate and far too personal.”
Ms. Kissling, who initiated the conversation with a reporter, said the ad “does step over the line into the kind of personal character attack we shouldn’t be engaging in.”
She added: “As a pro-choice person, I don’t like being placed on the defensive by my leaders. Naral should pull it and move on.”
Walter Dellinger, a former acting solicitor general in the Clinton administration and longtime Naral supporter, sent a letter on Wednesday to the chairman of the Senate Judiciary Committee and its ranking Democrat, Arlen Specter of Pennsylvania and Patrick J. Leahy of Vermont, respectively. Mr. Dellinger said he had disagreed with Mr. Roberts’s argument in the Bray case but considered it unfair to give “the impression that Roberts is somehow associated with clinic bombers.” He added that “it would be regrettable if the only refutation of these assertions about Roberts came from groups opposed to abortion rights.”
NARAL has also issued a lengthy rebuttal to the Factcheck.org analysis of the ad. I’m not familiar with some of the legal points in dispute, but NARAL certainly does not refute Factcheck’s claim that the thrust of the ad is misleading.

Visit MoveOff Network Members