Supreme Court to Hear Abortion Protest Case

| No Comments

Before leaving for its Summer recess, the Supreme Court announced Tuesday that it would take up, for the third time, a 19-year marathon court case pro-life activists, including Joseph Scheidler, and the National Organization for Women.

The case was first considered by the Supreme Court in 1993 in which pro-life defendants argued that the Racketeer Influence and Corrupt Organizations Act (RICO) could not be used against public protest groups. In 1994, the Court ruled unanimously that RICO could be used against such groups. The case then proceeded to trial in 1997 and resulted in a judgment against Scheidler and others.

However, in 2003 the Supreme Court ruled 8-1 to overturn the lower court and reverse the financial damages. Chief Justice William Rehnquist wrote,

Because all of the predicate acts supporting the jury's finding of a RICO violation must be reversed, the judgment that petitioners violated RICO must also be reversed.

Without an underlying RICO violation, the District court's injunction must necessarily be vacated.

It seemed the court agreed that RICO was intended to deal with mobsters who used threats and violence to take over legitimate businesses rather than abortion protestors.

While many thought the dispute had been resolved, the U.S. appeals court in Chicago refused to cancel their prior order against abortion protesters and enabled pro-abortion activists to continue their intimidation of sidewalk counselors and demonstrators using the RICO Act.

Personally, I'm frustrated that RICO has been used to limit free speech for 19-years when the intention of the law was clearly focused on organized crime. Amazingly, many fail to see that if RICO can be used to limit the free speech of pro-life demonstrators it can be used against protesters of all kinds. G. Robert Blakey, a Notre Dame law professor, warned that "if you look at this case and say it's about abortion, you're missing the point. Everybody who loves the First Amendment has got to sleep uneasily tonight."

Joseph Scheidler, national director of the Chicago-based Pro-Life Action League, applied the principles of nonviolent protest he learned during 1960s civil rights movement. "By NOW’s definition, most political protests that have effected social change over the past two centuries would qualify as extortion," Scheidler said in a 2002 statement. "I followed the civil rights movement closely, and, like the fight for racial equality, the fight against abortion is rooted in non-violent direct action.

"Our country was founded on the right to protest injustice. There is no greater injustice than depriving unborn children of their right to life."

The following press release by the Thomas More Society explains the events and status of the lawsuit in greater detail.

CHICAGO, June 28 /Christian Wire Service/ -- This morning the U.S. Supreme Court granted the petition filed last March by the Thomas More Society, Pro-Life Law Center, for Joseph Scheidler and other Chicago-based abortion protesters, agreeing for the 3rd time to review Scheidler v. NOW – the mega-sized, marathon class action lawsuit, that twice already has traced an erratic path of up's and down's, zigs and zags, through all levels of the federal judicial system over the space of the last two decades. Filed over 19 years ago by NOW and abortion clinics in June, 1986, as a federal antitrust case (charging "conspiracy in restraint of trade"), from its inception the case was aimed at anti-abortion activist, Joseph Scheidler, who had just published a protest manual, Closed: 99 Ways to Shut Down the Abortion Industry (1985). Also named defendants were Scheidler's Pro-Life Action League, and other activist leaders and groups. Later, the suit was amended to add new charges under the federal racketeering (RICO) and extortion laws, and new defendants including Randall Terry's "Operation Rescue." Operation Rescue remains a co-defendant and its counsel, ACLJ, filed another petition for review in April, 2005, which was also granted this morning.

Alan Untereiner of the Washington, D.C. law firm, Robbins, Russell, Englert, Orseck, and Untereiner LLP, was principal author of the successful petition for Scheidler, the League, and two other co-defendants (http://www.robbinsrussell.com/pdf/300.pdf). Three issues were presented for Supreme Court review, all of which will now be considered:

--1. Whether after the Supreme Court handed down its last decision on the merits of this case in February, 2003 (Scheidler II), the lower court – a 3-Judge panel of U.S. Court of Appeals at Chicago (7th Circuit) – disobeyed the high Court when it held that four "predicate acts" found by the jury after a 1998 trial were unaffected by Scheidler II, and ordered the trial court to decide if those four acts warranted keeping a RICO injunction in effect against defendants;

--2. Whether the Seventh Circuit correctly ruled, in conflict with decisions of the 6th and 9th Circuits, that the federal Hobbs Act, 18 U.S.C. §1951(a), traditionally deemed to outlaw robbery or extortion in interstate commerce, could be read so expansively as to punish any acts or threats of physical violence against "persons or property" (i.e., including petty crimes such as vandalism) that "in any way or degree ... affect commerce," even if unconnected to robbery or extortion; and

--3. Whether injunctive relief is available in private lawsuits brought under RICO (as. apart from federal government civil suits) for treble damages, under 18 U.S.C. §1964(c).

Lyle Denniston of the Baltimore Sun, Dean of the Supreme Court press corps, described this case in a post on www.scotusblog.com on June 8, 2005, as "[t]he nation's longest-running fight over abortion – now in its 19th year ... a marathon case [which] has long been considered a titanic struggle in the sidewalk wars over abortion."

No date has yet been set for oral argument. Based on the Court's calendar next autumn, 2005, it's anticipated that oral argument will be held sometime in late January, 2006.

Dramatic proof that the lower court's decision is fraught with perils for citizen protesters of all stripes is reflected by the great number of protest leaders and groups who have rallied in support of these RICO defendants as amici curiae. Among a host of other amici supporting this appeal are Martin Sheen, Dan Berrigan, Kathy Kelly, PETA, Helen Prejean, Pax Christi, Abe Bonowitz, Plowshares, Howard Zinn, Sojourners, Vieques Support Committee, Nevada Desert Experience, John Dear, Jim and Shelley Douglass, Michael Pfleger, and many others. The lower court's radical, unprecedented reading of the Hobbs Act would drastically reduce the threshold for ruinous RICO suits against citizen protesters.

Unions, too, stand to suffer from increased exposure to civil RICO damage suits and injunctions under the ruling below. Thus major unions (IBEW, IBT) also joined as amici curiae, as did a great many states fearing massive liability exposure (Alabama, Delaware, Michigan, Ohio, etc.).

Tom Brejcha, lead defense counsel for the Scheidler defendants going back to 1986, said: "We're elated that the high Court has seen fit to hear our appeal yet again. This time we trust that justice will not only be sure but also final."


Update: Jack Lewis has more.

Talk Back - leave a comment


Receive Updates

Enter your Email


button02b.gif

Categories

Archives

Recent Comments

catholicsview.wordpress.com: "I'll be there! What an awesome site! Please ..."

Rex Vollstedt: "The problem is Dr.Charles Murray doesn't have a ..."

rebecca: "I cannot comment on the "bogusness" of XCell ..."

C. Fitzroy: "Your post is interesting as an example of ..."

birthmom.myopenid.com: "GREAT POST! ..."

rebecca: "Thanks Christina. This is true and I mention ..."

Christina: "Actually, the biggest barrier to ASCR in the ..."

Pro-Life Articles

add your site
Operation Rescue West Nov 7, 2009, 11:48 pm
My Chocolate Heart Nov 7, 2009, 11:15 pm
jillstanek.com Nov 8, 2009, 12:04 am
Is Anybody There? Nov 7, 2009, 5:43 pm
The Ohio Anglican.blog Nov 7, 2009, 7:00 pm
The Ohio Anglican.blog Nov 7, 2009, 7:05 pm
Deacon's Blog Nov 7, 2009, 9:08 pm
DEACON FOR LIFE Nov 7, 2009, 6:55 pm
Caffeinated Thoughts Nov 8, 2009, 12:07 am
Americans United for Life Blog Nov 7, 2009, 11:14 pm
World Magazine Blog Nov 7, 2009, 11:14 pm
Sheboygan County Right to Life Nov 7, 2009, 10:46 pm
My View of the World Nov 7, 2009, 11:13 pm
My Domestic Church Nov 7, 2009, 5:30 pm
LifeSiteNews.com Headlines Nov 7, 2009, 11:25 pm
LifeSiteNews.com Headlines Nov 7, 2009, 11:25 pm
Les Femmes - The Truth Nov 7, 2009, 10:52 pm
Les Femmes - The Truth Nov 7, 2009, 5:52 pm
Jeremiah Films Announcements Nov 7, 2009, 10:46 pm
FRC.org - Web Log Nov 7, 2009, 11:06 pm
FRC.org - Web Log Nov 7, 2009, 11:14 pm
DEACON FOR LIFE Nov 7, 2009, 6:10 pm
causa nostrae laetitiae Nov 7, 2009, 5:29 pm
Americans United for Life Blog Nov 7, 2009, 10:31 pm
Americans United for Life Blog Nov 7, 2009, 10:23 pm
A Catholic Life Nov 7, 2009, 9:49 pm
World Magazine Blog Nov 7, 2009, 10:50 pm
Mommy Life Nov 7, 2009, 9:49 pm
Mommy Life Nov 7, 2009, 9:57 pm
Blowing San #1 Nov 7, 2009, 2:25 pm
Americans United for Life Blog Nov 7, 2009, 9:37 pm
ScrappleFace Nov 7, 2009, 8:53 pm
Political Byline Nov 7, 2009, 8:49 pm
Mommy Life Nov 7, 2009, 8:36 pm
Kevin Tracy Nov 7, 2009, 9:20 pm
Deacon's Blog Nov 7, 2009, 9:08 pm
Pope Benedict XVI Blog Nov 7, 2009, 11:35 am
Motherhood in Real Time Nov 7, 2009, 8:17 pm
Isn't It Rich Nov 7, 2009, 1:49 pm
Americans United for Life Blog Nov 7, 2009, 7:16 pm
Sudan Watch Nov 7, 2009, 6:06 pm
Caffeinated Thoughts Nov 7, 2009, 6:46 pm
Voice of Revolution Nov 7, 2009, 6:26 pm
Values Voter News Nov 7, 2009, 11:01 am
Pro-Life Unity Nov 7, 2009, 10:45 pm
John Smeaton, SPUC director Nov 7, 2009, 6:10 pm
THE LAMB ON THE ALTAR Nov 5, 2009, 11:09 pm
The Common Room Nov 7, 2009, 11:42 am
Chris Dickson Nov 7, 2009, 11:39 am
Caffeinated Thoughts Nov 7, 2009, 5:34 pm
To Be a Mother Nov 7, 2009, 9:19 am
Political Byline Nov 7, 2009, 3:33 pm
Musings at 85 Nov 7, 2009, 4:53 pm
In the Agora Nov 7, 2009, 2:41 pm
Stop The ACLU Nov 7, 2009, 5:19 pm
Wheat & Weeds Nov 7, 2009, 11:38 am
NoisyRoom.net Nov 7, 2009, 3:58 pm
LifeSiteNews.com Headlines Nov 7, 2009, 4:25 pm
Jeremiah Films Announcements Nov 7, 2009, 3:26 pm
Jeremiah Films Announcements Nov 7, 2009, 3:32 pm
DEACON FOR LIFE Nov 7, 2009, 10:19 am
Catholic Fire Nov 7, 2009, 10:03 am
2SecondsFaster.com Nov 7, 2009, 4:02 pm
Pro-Life Unity Nov 7, 2009, 7:54 pm
Pro-Life Unity Nov 7, 2009, 8:17 pm
Political Byline Nov 7, 2009, 3:33 pm
Jeremiah Films Announcements Nov 7, 2009, 3:13 pm
Gribbit's Word Nov 7, 2009, 2:32 pm
Gabriella's Blog Nov 7, 2009, 3:18 pm
Fundamentally Reformed Nov 7, 2009, 2:34 pm
The Common Room Nov 7, 2009, 5:29 am
The Common Room Nov 7, 2009, 8:38 am
Threshing Grain Nov 7, 2009, 8:05 am
Les Femmes - The Truth Nov 7, 2009, 1:31 pm
Les Femmes - The Truth Nov 7, 2009, 8:31 am
Dr Roy's Thoughts Nov 7, 2009, 1:54 pm
Stop The ACLU Nov 7, 2009, 2:19 pm
Stop The ACLU Nov 7, 2009, 2:19 pm
Americans United for Life Blog Nov 7, 2009, 1:48 pm
Adrian Warnock Nov 7, 2009, 1:15 pm
A Catholic View Nov 7, 2009, 1:17 pm
Values Voter News Nov 7, 2009, 5:21 am
My Chocolate Heart Nov 7, 2009, 1:23 pm
Les Femmes - The Truth Nov 7, 2009, 12:18 pm
Les Femmes - The Truth Nov 7, 2009, 7:18 am
The Common Room Nov 7, 2009, 7:00 am
Stop The ACLU Nov 7, 2009, 1:19 pm
Deliberate Engagement Nov 7, 2009, 1:06 pm
Chris Dickson Nov 7, 2009, 6:51 am
Caffeinated Thoughts Nov 7, 2009, 12:47 pm
Values Voter News Nov 7, 2009, 5:01 am
NoisyRoom.net Nov 7, 2009, 11:46 am
Love Undefiled Nov 7, 2009, 11:55 am
Love Undefiled Nov 7, 2009, 11:59 am
Love Undefiled Nov 7, 2009, 12:15 pm
Love Undefiled Nov 7, 2009, 12:04 pm
jillstanek.com Nov 7, 2009, 11:47 am
jillstanek.com Nov 7, 2009, 11:24 am
Guarino Nov 7, 2009, 11:56 am
The Judge Report Nov 7, 2009, 12:09 pm
Stop The ACLU Nov 7, 2009, 12:19 pm
Spero News Nov 7, 2009, 12:19 pm
Spero News Nov 7, 2009, 12:19 pm
Spero News Nov 7, 2009, 12:19 pm
Spero News Nov 7, 2009, 12:19 pm
Spero News Nov 7, 2009, 12:19 pm
DEACON FOR LIFE Nov 7, 2009, 6:58 am
DEACON FOR LIFE Nov 7, 2009, 7:03 am
Challies Dot Com Nov 7, 2009, 11:22 am
Americans United for Life Blog Nov 7, 2009, 11:39 am
Verum Serum Nov 7, 2009, 11:44 am
Pro-Life With Christ Nov 7, 2009, 11:35 am
Preserving A Generation Nov 7, 2009, 11:00 am
OrthodoxyToday Nov 7, 2009, 10:42 am
Mommy Life Nov 7, 2009, 10:49 am
MCCL Blog Nov 7, 2009, 10:29 am
LifeSiteNews.com Headlines Nov 7, 2009, 11:25 am
Dr Roy's Thoughts Nov 7, 2009, 11:02 am
Spero News Nov 7, 2009, 11:19 am
DFW Catholic.org Nov 7, 2009, 10:44 am
BIG BLUE WAVE Nov 7, 2009, 5:19 am
Americans United for Life Blog Nov 7, 2009, 10:22 am
Values Voter News Nov 7, 2009, 3:01 am
V for Victory! Nov 7, 2009, 3:46 am
RealChoice Nov 7, 2009, 4:53 am
Pro-Life With Christ Nov 7, 2009, 10:35 am
Pro-Life Unity Nov 7, 2009, 3:16 pm
OrthodoxyToday Nov 7, 2009, 7:13 am
OrthodoxyToday Nov 7, 2009, 10:20 am
Dr Roy's Thoughts Nov 7, 2009, 9:28 am
Stop The ACLU Nov 7, 2009, 10:19 am
Christian Newswire: All Releases Nov 7, 2009, 11:32 am
Pro-Life Unity Nov 7, 2009, 2:03 pm
Mommy Life Nov 7, 2009, 9:03 am
jillstanek.com Nov 7, 2009, 8:26 am
donmargolis.com Nov 7, 2009, 12:43 am
DFW Catholic.org Nov 7, 2009, 7:35 am
DFW Catholic.org Nov 7, 2009, 8:17 am
DFW Catholic.org Nov 7, 2009, 8:19 am
DFW Catholic.org Nov 7, 2009, 8:21 am
DFW Catholic.org Nov 7, 2009, 8:24 am
DFW Catholic.org Nov 7, 2009, 8:27 am
Wheat & Weeds Nov 7, 2009, 3:45 am
Vivificat! Nov 7, 2009, 3:17 am
The Senescent Man Nov 7, 2009, 4:00 am
reasoned audacity Nov 7, 2009, 7:50 am
Pundit & Pundette Nov 7, 2009, 7:41 am
MaybeToday.org Jul 31, 2009, 11:16 pm
Love Undefiled Nov 7, 2009, 7:56 am
Jack Yoest Nov 7, 2009, 7:50 am
Hyscience Nov 7, 2009, 6:46 am
DFW Catholic.org Nov 7, 2009, 8:10 am
DFW Catholic.org Nov 7, 2009, 8:13 am
PARENTING FREEDOM.com Nov 7, 2009, 7:02 am
Dakota Voice (Blog) Nov 7, 2009, 6:30 am
Dr Roy's Thoughts Nov 7, 2009, 6:04 am
Dakota Voice (Blog) Nov 7, 2009, 6:00 am
A Catholic View Nov 7, 2009, 6:00 am
Is Anybody There? Nov 6, 2009, 10:11 pm
Kevin Tracy Nov 7, 2009, 4:08 am
Holy Innocents, Long Beach Nov 6, 2009, 7:53 pm
Catholic Fire Nov 6, 2009, 9:25 pm
Values Voter News Nov 6, 2009, 7:01 pm
Is Anybody There? Nov 6, 2009, 9:19 pm
Holy Innocents, Long Beach Nov 6, 2009, 7:03 pm
Hawaii Right to Life Nov 6, 2009, 4:40 pm
Hawaii Right to Life Nov 6, 2009, 4:49 pm
Is Anybody There? Nov 6, 2009, 7:35 pm
Is Anybody There? Nov 6, 2009, 8:19 pm
FREEDOM EDEN Nov 6, 2009, 7:20 pm
Dakota Voice (Blog) Nov 7, 2009, 1:18 am
Pro-Life News Nov 7, 2009, 12:43 am
Pro-Life News Nov 7, 2009, 12:44 am
Is Anybody There? Nov 6, 2009, 7:04 pm
FREEDOM EDEN Nov 6, 2009, 7:01 pm
FREEDOM EDEN Nov 6, 2009, 7:11 pm
Spero News Nov 7, 2009, 1:19 am
Spero News Nov 7, 2009, 1:19 am
Dakota Voice (Blog) Nov 7, 2009, 1:12 am
Caffeinated Thoughts Nov 7, 2009, 12:44 am
Pro-Life Unity Nov 7, 2009, 4:55 am
Pro-Life News Nov 7, 2009, 12:24 am
Pro-Life News Nov 7, 2009, 12:27 am