NOW v. Scheidler Heads Back to the Supreme Court for Further Review

June 28, 2005

Today, the U.S. Supreme Court agreed to take another look at the nationwide injunction the National Organization for Women (NOW) obtained seven years ago against the Pro-Life Action Network (PLAN), Joe Scheidler and others, to stop violent attacks on women's health clinics.

"We're grateful the injunction has been keeping women safe for seven years, and the Court's decision to give the case a full hearing will ensure that it stays in place at least until the Court renders a final decision, said NOW President Kim Gandy.

The 7th Circuit Court of Appeals granted the injunction after a jury concluded that the defendants' actions violated Rackteer-Influenced and Corrupt Organizations (RICO) Act. After that decision, instances of clinic violence plummeted, and the defendants have relentlessly challenged this injunction against violent acts.

In 2003, the Supreme Court ruled that while anti-abortion groups did commit crimes and interfere with clinic operations, the lower court's injunction could not be supported by these acts of extortion because no money or property had been obtained from the clinics as a result. The Supreme Court sent the case back to the 7th Circuit Court of Appeals for further action, where NOW argued that even if defendants' acts of extortion were not covered by RICO, their acts and threats of physical violence were.

The 7th Circuit Court did not decide that issue, instead sending the case back to the district court to hear arguments and make an initial ruling. The defendants then appealed to the Supreme Court, demanding that the injunction be lifted without further proceedings in any other court.

"Of course they want to have the injunction lifted," Gandy said. "They want to return to the days of using physical assault to terrorize patients and providers as a way to shut down these clinics. But even if they win, they won't be able to do that—if they return to the violence we will pursue them under the Freedom of Access to Clinic Entrances (FACE) Act."

NOW filed this lawsuit 19 years ago to protect women and clinic staff from the anti-abortion violence committed by organized groups like PLAN and Randall Terry's Operation Rescue. The case asked for the application of RICO Act as a way to stop the violence and, in fact, the violence did stop. Protestors continued to demonstrate and picket and shout outside the clinics, but the physical harm and property damage came to an end.

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