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Supreme Court To Determe Whether Antiabortion Protesters Can Be Sued Under Racketeering Law

The US Supreme Court on Tuesday announced that in the fall it will hear for the third time a case aimed at determining whether antiabortion protesters can be sued under a federal racketeering law, the... Los Angeles Times reports (Savage, Los Angeles Times, 6/29). The case -- Scheidler v. The National Organization for Women -- stems from a lawsuit originally filed in 1986 by the National Organization for Women and other women's rights groups against several antiabortion groups and individuals, including Operation Rescue/Operation Save America and the Pro-Life Action League, alleging the antiabortion advocates used aggressive and illegal means to protest against and attempt to close abortion clinics. NOW has argued that by blocking access to the clinics, the protesters deprived the clinics of the use of their property, and constituting racketeering activity, which would entitle the plaintiffs to triple damages under the federal Racketeer Influenced and Corrupt Organizations Act (Kaiser Daily Reproductive Health Report, 2/27/03). The protesters say they cannot be charged under the RICO Act because they were not attempting to extort money from the clinics (Los Angeles Times, 6/29). Previous Rulings
In 1994, the Supreme Court ruled in favor of NOW, saying that women's rights groups and abortion clinics could sue antiabortion advocates under the RICO Act even if the advocates did not have an economic motive for their protests, the Pittsburgh Post-Gazette reports (McGough, Pittsburgh Post-Gazette, 6/29). The Supreme Court in February 2003 reversed its previous decision and ruled that the RICO Act could not be applied because the protesters actions did not qualify as extortion or racketeering (Kaiser Daily Reproductive Health Report, 2/27/03). The 2003 ruling was expected to be the last one on the issue (Los Angeles Times, 6/29). However, the 7th U.S. Circuit Court of Appeals in Chicago renewed the issue in 2004 when it failed to dismiss the lawsuit on different grounds, saying threats of violence and violent acts may have qualified NOW to sue antiabortion protesters under the RICO Act (Holland, AP/Yahoo! News, 6/28). Current Case Details
Rather than allow a federal district court to review the circuit court's ruling, antiabortion advocate Joseph Scheidler appealed the case to the Supreme Court (Pittsburgh Post-Gazette, 6/29). Scheidler and the other antiabortion advocates argue that the appeals court misread the Supreme Court's 2003 opinion and that the entire case should have been thrown out, the New York Times reports. Although Scheidler requested only a summary reversal of the appeal court's ruling, the Supreme Court accepted the appeal for a full briefing and argument (Greenhouse, New York Times, 6/29). The court is scheduled to begin hearing arguments in the case sometime during the fall term, which begins in October, and the justices are expected to issue a ruling by June 2006 (Vicini, Reuters, 6/28).

"Reprinted with permission from kaisernetwork.org kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation . © 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.





Curtea Supremã Pentru a Determe Fie Antiabortion protestatarii Pot fi acþionat în justiþie Racketeering În conformitate cu Legea - Supreme Court To Determe Whether Antiabortion Protesters Can Be Sued Under Racketeering Law - articole medicale engleza - startsanatate