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In an 8-1 vote, the U.S. Supreme Court on February 26th handed down a surprising decision in favor of pro-life activists. The ruling concludes a 17-year court battle through which radical pro-abortion forces misused federal laws against racketeering to silence and restrict their pro-life opponents. The legal conflict began in 1986 when the National Organization for Women (NOW) launched a suit against Joseph Scheidler, head of the Chicago-based Pro-Life Action League, and other pro-life activists. The suit, NOW v. Scheidler, first attempted to use interstate commerce laws to stop abortion protests, but later adopted the tactic of using the federal Racketeer-Influenced and Corrupt Organizations (RICO) statute against pro-lifers.
The RICO Act, enacted in 1970 to target organized crime, was not intended as a vehicle to restrict political activity or expression. However, the jury in a 1998 Federal District Court trial found Mr. Scheidler and other defendants guilty of racketeering for their pro-life activities. Judge ...