Today's class assignment is to read Bray v. Alexandra Clinic (1993), the U.S. Supreme Court decision which has recently played such a prominent role in the John Roberts' nomination. Roberts is getting a bum rap for his role in writing an amicus brief in favor of the defendants' position whilst at the Solicitor General's office. Notwithstanding the fact that the defendants included some pretty unsavory characters, an attorney should be allowed to question the constitutionality of the Patriot Act, or the treatment of prisoners at Git-mo or Abu Ghraib, without being called "pro-terrorist"; the same standard should be applied when deciding whether it is appropriate to use a particular federal law to prosecute people who blockade abortion clinics. Since the high court ultimately agreed with his position, it begs credulity to argue that Roberts' position was extreme.

NARAL's ad is the leftish equivalent of Roger Simon's blanket condemnations of "objective pro-fascists" behind every tree. It was a stupid, counterproductive ad, and did nothing to weaken Roberts.