The Supreme Court dealt a setback Tuesday to abortion clinics in a two-decade-old legal fight over anti-abortion protests, ruling that federal extortion and racketeering laws cannot be used to ban demonstrations.
The 8-0 decision ends a case that the 7th U.S. Circuit Court of Appeals had kept alive despite a 2003 ruling by the high court that lifted a nationwide injunction on anti-abortion groups led by Joseph Scheidler and others.
Anti-abortion groups brought the appeal after the appellate court sought to determine whether the injunction could be supported by charges that protesters had made threats of violence.
The legal battle began in 1986, when the National Organization for Women filed a class-action suit challenging tactics used by the Pro-Life Action Network to block women from entering abortion clinics.
NOW’s legal strategy was novel at the time, relying on civil provisions of the 1970 Racketeer Influenced and Corrupt Organizations Act, which was used predominantly in criminal cases against organized crime. The lawsuit also relied on the Hobbs Act, a 55-year-old law banning extortion.
A federal judge issued a nationwide injunction against the anti-abortion protesters after a Chicago jury found in 1998 that demonstrators had engaged in a pattern of racketeering by interfering with clinic operations, menacing doctors, assaulting patients and damaging clinic property.
But the Supreme Court voided the injunction in 2003, ruling that the extortion law could not be used against the protesters because they had not illegally “obtained property” from women seeking to enter clinics to receive abortions.
Justice Samuel Alito did not participate in the decision.
The cases are Scheidler v. NOW, 04-1244, and Operation Rescue v. NOW, 04-1352.
Justice Samuel Alito did not participate in the decision because he was not a member of the court when the case was argued. Don’t ask me why FNC left this information out of their article, but they did.
This will make abortion protester’s lives a little simpler. See, right now they have to apply for an injunction municipality by municipality. Since this was a unanimous vote no one should question its validity. I am sure they will, but they shouldn’t.