The latest John Roberts fiasco revolves around a
NARAL ad that is being pulled. The ad itself infuriated conservatives, who called it at worst untrue and at best misleading. My personal favorite factchecking organization has
chimed in on the issue, but they're
being criticized by NARAL and liberal bloggers as having done a poor job of factchecking.
So what's the deal?
Well, they're all right and they're all wrong. I haven't seen the ad yet, though I've read a transcript, and it IS horribly misleading. I'm glad they're pulling it. By the same token, the factcheck article is amongst the worst I've seen from them and attempts to take some of NARAL's truthful but misleading statements and paint them as untruthful. In addition, there are a few questionable insertions of opinions. I think factcheck screwed up, getting caught in the middle between NARAL's use of technical truths to imply something totally different and the talking points of conservatives who are claiming the ad is false.
From what I can tell, the ad is "true". However, I've read some very good factcheck pieces before which have picked apart not only outright falsifications but misleading implications, the difference being that most of the articles state outright that that's what they're doing. This one doesn't always do that.
By the same token, I think that it IS a legitimate function of a factchecker to not only check outright facts but to clear up misleading implications. The catch here is that it has to be done in a nonbiased way, and that nonbias needs to be established over time by building up your reputation. In addition, you've got to be absolutely clear when saying that something is untrue versus misleading. Factcheck could have done an excellent piece on the NARAL ad, because the ad IS so misleading, but they slipped up and made some mistakes. I'm hoping they learn from their mistakes and get back on track, because they generally do a good job.
How about the NARAL ad? It's probably true (I say probably because I'm not about to go re-factcheck after all the hubbub, but rather I'll trust that it's true since it gives them the benefit of the doubt in the context of my argument, anyway). The ad states something to the effect that John Roberts supported violent abortion clinic bombers, the implication being that John Roberts supported the VIOLENT ACTIONS of abortion clinic bombers, when in reality his support consisted of agreeing with thier legal argument. Beyond that, the legal argument in question did not come about because of an abortion clinic bombing. Yes, the group involved had previously been associated with abortion clinic bombings and so his support of them is technically support of "abortion clinic bombers" (actually, I'm not sure if this is true because I don't know if any current members of the organization had ever been involved in bombings or if it was only past members, nor do I know if the organization made statements in support of bombings or if it's only that members have done so, but this is a side point - let's assume that the organization is properly labeled "abortion clinic bombers"), but this particular legal question was about protest tactics such as verbal harassment and blocking entrances and such. Nowhere in this case is there any debate whatsoever about the legality of bombing an abortion clinic - clearly, bombing an abortion clinic violates all sorts of laws and John Roberts hasn't stated otherwise.
In addition, Roberts didn't even claim that blockading clinics is legal. Such blockades are illegal under state trespassing laws, which Roberts flat out stated. Roberts opinion said that blockading clinics is not illegal under a specific Federal law which was passed to deal with Ku Klux Klan race discrimination. Roberts stated that abortion clinic blockades are not an act of gender discrimination because both men and women were blockaded. Whether the Ku Klux Klan law covers gender discrimination was not even addressed by Roberts since his position was that no gender discrimination had occurred.
(Note that after this case the Federal Government DID pass Federal laws that much more clearly apply to abortion clinic blockades. These laws didn't exist at the time of Roberts' opinion.)
To summarize Roberts position in a nutshell, he stated that abortion clinic blockades are not gender discrimination and thus can't even begin to be addressed by a specific Federal discrimination law. Roberts also said that such blockades are illegal under State trespassing laws. By stating what he stated, Roberts made a legal argument that agreed with a legal argument made by an organization who's members have been associated with abortion clinic bombings (I'm not comfortable saying that the organization itself supports abortion clinic bombings, because I don't know if that's true without checking on their public statements). In this particular case, I can't spot Roberts making any comment whatsoever on abortion clinic bombings (though in the past he drafted a memo stating that abortion clinic bombers should be prosecuted to the full extent of the law).
To summarize more - Roberts stated that abortion clinic blockades are not gender discrimination.
Do you disagree with this interpretation? A lot of people probably do, and I'd love to see a NARAL ad with the headline, "John Roberts argued that blockading abortion clinics does not discriminate against women. Do you want this type of thinking on the Supreme Court?" I'd love to see conservative groups fight back with... well hell, it could be the same thing - "John Roberts argued that blockading abortion clinics does not discriminate against women. Do you want this type of thinking on the Supreme Court?"
But that doesn't make good TV.