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The Washington Post, August 9,
2005
Ad Campaign Says
Roberts Backed Violent Protesters
Judge's allies defend his work
on abortion case.
By Dan Balz
A prominent abortion rights group launched a
television ad yesterday 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, an accusation that Roberts's supporters
immediately condemned as a flagrant distortion.
The ad, sponsored by NARAL Pro-Choice America,
focuses on Roberts's role in a case involving
whether a 19th-century anti-Ku Klux Klan statute
could be used to shut down blockades of health
clinics by abortion protesters. The solicitor
general's office filed a friend-of-the-court
brief siding with the clinic protesters, including
Operation Rescue. The high court ruled 6 to
3 against the health clinics in January 1993.
The NARAL ad, set to begin airing tomorrow on
local channels in Maine and Rhode Island and
nationally on the CNN and Fox News cable networks,
features Emily Lyons, a clinic director who
was badly injured when a bomb exploded at her
clinic in Birmingham in 1998. The ad ends by
urging viewers to call their senators to tell
them to oppose the federal appellate judge's
confirmation to the Supreme Court.
"Supreme Court nominee John Roberts filed
court briefs supporting violent fringe groups
and a convicted clinic bomber," the ad
states. The ad concludes by saying, "America
can't afford a justice whose ideology leads
him to excuse violence against other Americans."
White House spokesman Steve Schmidt denounced
the ad. "The NARAL ad is outrageously
false, bordering on the slanderous," he
said. Republican National Committee Chairman
Ken Mehlman said, "By attempting to assert
that Judge Roberts supports shameful criminal
acts, NARAL has shown how far they will go
to slander a good man for political gain."
The NARAL ad represents a significant escalation
in the battle over Roberts's fitness to serve
on the court. Up to now it has been marked
by relatively polite sparring and a dispute
between Senate Democrats and the Bush administration
over access to Roberts's writings while in
the solicitor general's office during the administration
of George H.W. Bush in the early 1990s.
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.
NARAL President Nancy Keenan defended the ad
but said, "We're not suggesting that Mr.
Roberts condones clinic violence."
But she said that the case came during a period
of rising harassment, threats and violence
against clinics and that, unlike state attorneys
general, Roberts and the Justice Department
had decided to support groups or individuals
with a history of violence. "The groups
he sided with were engaged in a horrific campaign
of violence," she said.
In another development yesterday, Senate Judiciary
Committee Chairman Arlen Specter (R-Pa.) sent
Roberts a letter warning that lawmakers are
angry about the Supreme Court's denigration
of Congress and by actions that have trimmed
congressional powers. He said he plans to question
Roberts closely about the issue in next month's
hearings.
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