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Supreme Court: Federal Racketeering Law Doesn't Apply to Pro-Life Activists.(Scheidler v. NOW)
In an 8-1 vote, the U.S. Supreme Court held that the federal Racketeer Influenced and Corrupt Organizations Act (RICO) did not apply to the conduct of pro-life activists who had illegally interfered with abortion clinic practices. In Scheidler v. NOW, the Court held that the activists' conduct did not amount to a form of "extortion" necessary to RICO's application. Only Justice John Stevens dissented, arguing for an expansive definition of extortion.
RICO is a federal law designed to provide the federal government with a legal tool to combat organized crime by allowing broad injunctions against and treble civil damages for mob activities.
The High Court's February 26 decision involved a class action suit by the National Organization of Women (NOW) and two abortion clinics against Joseph Scheidler, Andrew Scholberg, and Timothy Murphy of the Pro-Live Action League, as well as against the Pro-Life Action League itself and Operation Rescue. In 1998 a jury found the activists had interfered with, disrupted, and in some instances completely deprived women seeking abortion and the abortion clinics and their employees of their "property rights" by "extorting" from them their right to seek abortion, conduct their businesses, and do their jobs.
Under the authority of RICO, the jury then awarded almost $260,000 in damages against the defendants for their past conduct. The court also issued a permanent nationwide injunction against them from obstructing, trespassing, damaging, or using violence or threats against the abortion clinics, their employees, or their patients. Had the Supreme Court held against them, the defendants might also have been liable for well over a million dollars in attorneys' fees.
On appeal, the activists argued that none of their conduct amounted to "extortion" - - one of the "predicate acts" that must be proved before RICO might properly be invoked.
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