Bush administration allies with abortion industry.(George W. Bush)

Ten years ago, with eager support from the Clinton administration, Congress enacted the so-called Freedom of Access to Clinic Entrances (FACE) act. That measure created a federally enforced "no-protest" zone around abortion "clinics." Under FACE, protesters who obstruct access to abortuaries can be prosecuted for federal offenses. The same is not true of radical environmentalists, union activists, or other political protesters who commit acts of violence, vandalism, or obstruction targeting businesses other than the abortion industry.

FACE is akin to a Bill of Attainder, an unconstitutional measure singling out one specific group of people for special punishment. U.S. District Judge Kenneth Hoyt has correctly ruled that the act exceeded congressional authority and violated the reserved powers of the states. Most conservatives would expect that the "pro-life" Bush administration's Justice Department would approve of a judicial ruling against an unconstitutional law passed in service of the abortion industry. They would be wrong.

In late November, assistant U.S. Attorney General Peter Keisler flew from Washington to New Orleans to defend FACE before a three-judge panel from the U.S. Circuit Court of Appeals. The judicial panel was considering a Bush administration challenge to District Judge Hoyt's ruling. The original case involved an incident in which a ...