To: NOW Activists
From: Patricia Ireland, Kim Gandy, Elizabeth Toledo & Karen Johnson
Subject: U.S. Supreme Court Actions
Date: April 7, 2000

Several important women's rights cases are pending before the U.S. Supreme Court dealing with the Violence Against Women Act, protection for individuals from anti-abortion violence, and abortion procedures bans. Given the conservative majority on the Court, the decisions in these cases could undermine or dismantle important, hard-won legal protections.

We are writing to encourage activists across the country to take immediate action upon the delivery of decisions in the cases. We ask that activists plan to picket a federal building in your community at noon on the Friday or Saturday following announcement of the decision. (Please note that decisions could be handed down at any time between now and July 3^rd.) These coordinated actions will demonstrate the sort of public support for women's rights that will be heard across the nation -- in every statehouse and in the halls of Congress. In this pivotal election year, our visibility on abortion, violence and other women's issues is paramount.

BRZONKALA V. MORRISON

Christy Brzonkala brought suit in federal court under the civil rights remedy provision of the Violence Against Women Act (VAWA) charging that she was raped in her college dorm by two football players. According to court papers, one of the assailants acknowledged during a college disciplinary hearing that Brzonkala twice told him "no" before he raped her. One of the defendants reportedly announced in the campus dining room, "I like to get girls drunk and f___ the s___ out of them."

Two disciplinary boards recommended suspension, but they were reversed by the school administration. Ms. Brzonkala dropped out of school after one of the defendants was allowed to return to school on a full athletic scholarship with no disciplinary action other than being required to attend a one-hour counseling session.

On January 11, the U.S. Supreme Court heard oral arguments in Brzonkala v. Morrison and, ultimately, will decide the constitutionality of the civil rights remedy of VAWA. The National NOW Action Center organized a very successful demonstration at the Court in support of Christy Brzonkala, all rape survivors and VAWA on the day of the oral argument.

HILL v. COLORADO

The Supreme Court has already heard arguments in Hill v. Colorado and will review the constitutionality of a Colorado law which restricts aggressive, threateningly close approaches by demonstrators near the entrance of health care facilities.

The law was passed by the Colorado state legislature following a history of obstructive demonstrations outside of women's reproductive health clinics. Prior to enactment of the statute, protesters blockaded clinics, physically assaulted women trying to enter the clinics, and subjected patients to intimidating behavior by surrounding, crowding, grabbing, pushing, shoving, hitting, and spitting on those seeking access to clinics.

The Colorado law provides that, within 100 feet of the entrance to a health care facility, a person cannot, without consent, knowingly come within eight feet of another person for the purpose of passing a leaflet or handbill, displaying a sign to, or engaging in oral protest, education or counseling with that person. In other words, the statute makes unlawful the harassment and intimidation of women, clinic staff or doctors who are seeking access to health clinics.

STENBERG v. CARHART

The U.S. Supreme Court will hear arguments in Stenberg v. Carhart on April 25, 2000. At issue in this case is the constitutionality of Nebraska's abortion procedures ban. The U.S. Court of Appeals for the Eighth Circuit unanimously found the Nebraska law to be unconstitutional because it would prohibit some of the safest and most common abortion procedures, thereby creating an "undue burden" on women. However, the Seventh Circuit has upheld two similar abortion procedures bans from Illinois and Wisconsin.

The Court will remedy the split between the circuits by determining whether an abortion procedures ban is constitutional. Once again, the underpinnings of Roe v. Wade are up for review before a hostile Court.

NOW activists will be in front of the Supreme Court on April 25^th as the justices prepare to hear arguments in this case.

TAKE ACTION!

We are counting on NOW activists across the country to take action immediately following announcement of these decisions. We will issue news releases to give our analyses of the decisions as soon as possible after they are handed down. Please ask an activist in your chapter to sign up to receive the news releases via e-mail. To do this subscribe at http://www.now.org/press/signup.html. That way, your chapter will be notified about the decision as soon as it is released. If you do not have any access to e-mail, you can call the Action Center to get our analysis. Just watch the news and give us a call after the decision (202-628-8669, ext. 0).

To assist you in your organizing efforts, we have included suggested chants for your actions and a list of abortion rights and anti-violence products available from the NOW Store (ext. 103). If you plan to organize these actions, please notify the Media Relations Office (ext. 114), so we can pass the information on to members of the media.

Thank you for your efforts to keep abortion legal and to stop violence against women. We deeply appreciate all of your work for NOW.