Abortion Rights Protected by Appellate Decision in NOW v. Scheidler

October 2, 2001

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"Today, the Seventh Circuit Court of Appeals ruled in favor of reproductive freedom," said National Organization for Women (NOW) President Kim Gandy. "In NOW v. Scheidler, the Seventh Circuit upheld the first-ever nationwide injunction against Joe Scheidler of the Pro-Life Action League and his cronies in their network of violence and intimidation."

"At a time when the country is still reeling from large-scale international terrorism, we have won another victory in the long fight against domestic terrorism at abortion clinics," Gandy said. "This decision upholds our nationwide injunction that increases women's safe access to reproductive health services and protects clinics and health care workers."

NOW v. Scheidler was filed in 1985 to stop anti-abortion mobsters from denying women access to reproductive health services. Scheidler himself nicknamed his group the "pro-life mafia," and said their aim is to stop abortion "by any means necessary." The actions of their enterprise included physical attacks on patients which resulted in serious injuries. In 1998 a unanimous jury found Scheidler and his co-defendants to be racketeers under RICO, the Racketeer-Influenced and Corrupt Organizations Act.

In 1999, a Federal District Court sided with NOW and the clinics by establishing a permanent, nationwide injunction. Scheidler appealed the ruling on several grounds, including the First Amendment right of free speech.

"Today's Seventh Circuit decision made it clear that 'the protection of the plaintiff's rights to seek medical care free from violence, intimidation and harassment' is an important obligation of the government," Gandy said. "The court noted that 'the First Amendment does not protect violent conduct' and that 'violence in any form is the antithesis of reasoned discussion'."

Scheidler is expected to appeal, and the case will likely go to the U.S. Supreme Court. "The possibility of NOW v. Scheidler reaching the Supreme Court reminds us that women's rights currently hang in a delicate 5-4 balance," Gandy said. "Abortion rights advocates must stand firm in urging the Senate to reject judicial nominees -- at all levels -- who won't uphold our most basic freedoms."

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