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NOW presses pro-lifers (8-1 Supreme Court Decision Ignored)
WorldNetDaily.com ^
| April 10, 2004
Posted on 04/13/2004 12:24:41 AM PDT by nickcarraway
NOW presses pro-lifers despite high court
Feminist group lost case but still could defeat abortion opponents
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The National Organization for Women, which has stated an intent to crush groups opposing abortion, could collect $1.2 million in damages and legal fees from pro-life activists despite losing a case before the U.S. Supreme Court one year ago.
As WorldNetDaily reported, the feminist group charged protests organized by Joseph Scheidler's Chicago-based Pro-Life Action League amounted to extortion under RICO, the Racketeering Influenced and Corrupt Organizations Act.
However, in a decisive 8-1 ruling, the Supreme Court reversed the RICO charge against Scheidler's group Feb. 26, 2003, and vacated an injunction and damage award. The court ruled aggressive pro-life protesters cannot be punished by federal racketeering laws meant for organized crime and drug dealers.
The Supreme Court returned the case to the 7th Circuit Court to carry out the decision, but NOW convinced a three-judge panel to send it back to district court, where the high court's ruling could be overturned.
NOW's persistence in the case despite the Supreme Court's decisive ruling coincides with its stated determination to shut down pro-life groups.
In a 1998 statement that referred to the Scheidler case, NOW's former president, Patricia Ireland, said, "We will continue our litigation strategy until the terrorists are bankrupt and out of business."
Ireland also was a NOW attorney working on the case before she became head of the organization.
The Supreme Court said all of the 117 alleged acts of extortion against Scheidler and his group "must be reversed," including four alleged acts of violence. But NOW attorney Fay Clayton convinced the 7th Circuit panel those four "acts" should be considered separately.
The case is further complicated by the fact the jury in the 1998 trial was not required to reveal which acts it deemed violent. Furthermore, Pro-Life Action League presented evidence, including photographs and news footage, that indicates some of the key witnesses lied.
Scheidler has filed for a rehearing of the case before the 7th Circuit's full court, which could abide by the panel's decision or enforce the Supreme Court's ruling, requiring NOW to pay legal fees of about $1 million.
Scheidler and the other defendants were supported in the Supreme Court case by an unusual coalition of about 70 activists and groups that included actor Martin Sheen and People for the Ethical Treatment of Animals.
Now in its 18th year of litigation, the case began in June 1986 when NOW filed a federal lawsuit against Scheidler and two other pro-life activists. NOW charged that Scheidler and his colleagues interfered with interstate commerce in an attempt to shut down abortion clinics.
Three years later, NOW incorporated RICO violations into its complaint and expanded the scope to a class-action suit that included every woman in the United States seeking an abortion past, present or future and all abortion clinics. Operation Rescue, two members of Scheidler's group Tim Murphy and Andy Scholberg and another 100 alleged "co-conspirators" also were named as defendants.
In a WND interview with Scheidler at the time of the Supreme Court decision, he said the litigation had cost him $400,000 in damages alone, forcing him to put his house in escrow and transfer his insurance to the name of the plaintiff.
"My business is in jeopardy, everything I own," Scheidler told WND. "Plus I've had to borrow $70,000 to make up the bond so we could make the appeal."
TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Front Page News; Government; Miscellaneous; News/Current Events; Politics/Elections; US: District of Columbia; US: Illinois
KEYWORDS: abortion; law; nags; prolife; rico; scheidler; supremecourt
It seems like NOW is the group running afoul of RICO laws.
To: nickcarraway
How the hell did "interstate commerce" become the catch-all for breaking half of the laws?
To: nickcarraway
Three years later, NOW incorporated RICO violations into its complaint and expanded the scope to a class-action suit that included every woman in the United States seeking an abortion past, present or future and all abortion clinics. "Hysterical wenches" would seem to be a vast understatement. Why they haven't already gotten laughed out of court with extreme prejudice is a mystery to me.
3
posted on
04/13/2004 1:14:36 AM PDT
by
drlevy88
To: nickcarraway
N.O.W. is the real terrorists here. It's a anti-GOD, anti-Fathers/Men/boys, anti-family, anti-Military and pro-death toward un-born babies.
We should send N.O.W. to Iran and Syria ,after a couple of weeks the Men over there will kill themselfs in great numbers. lol :) PLEASE !!!
4
posted on
04/13/2004 1:15:30 AM PDT
by
Orlando
(www.mensnewsdaily.com, www.mensactivism.org (Support Fathers/Veteran Rights))
To: nickcarraway
RICO is a Constitutional abomination .... it's never used ... only abused
this is just one more example
.
5
posted on
04/13/2004 1:24:51 AM PDT
by
Elle Bee
Comment #6 Removed by Moderator
Bump
7
posted on
04/13/2004 3:14:07 AM PDT
by
Rocket1968
(Democrats will crash and burn in 2004.)
To: Orlando
N.O.W. is the real terrorists here. It's a anti-GOD, anti-Fathers/Men/boys, anti-family, anti-Military and pro-death toward un-born babies.
This is like it is.
8
posted on
04/13/2004 3:17:17 AM PDT
by
garylmoore
(The word "gay" means to be happy not abnormal!)
To: nickcarraway
Who has the courage to file a wrongful-death class action on behalf of the millions of dead babies, naming NOW?
To: nickcarraway
NOW's persistence in the case despite the Supreme Court's decisive ruling coincides with its stated determination to shut down pro-life groups.You're exactly right. Read that sentence again. That sounds like a practice worthy of any RICO investigation.
10
posted on
04/13/2004 3:53:35 AM PDT
by
aardvark1
(You can't have everything...where would you put it? --Steven Wright)
To: seamole
it also means they wouldnt have to give them the money, seeing as each would recieve less than a penny as it includes all women of the past and future as well.
the numbers cant add up so IF the money is awarded, NOW can claim it went to a good cause and pocket it.
any judge not in California will see this and be sceptical.
i predict no matter what the outcome, no money shall be awarded.
To: MacDorcha
skeptical. blah
To: Tax Government
im not sure if it's who has the courage... it's more who has the money to go up against them and make it... as it stands, they buy all the best lawyers and only break even. if we could get the lawyers, i hope someone will hire them for the case.
To: nickcarraway
a rat is a dog is a pig is a feminist (with profound apologies to rats, dogs and pigs)...
To: drlevy88
Three years later, NOW incorporated RICO violations into its complaint and expanded the scope to a class-action suit that included every woman in the United States seeking an abortion past, present or future and all abortion clinics.
"Hysterical wenches" would seem to be a vast understatement. Why they haven't already gotten laughed out of court with extreme prejudice is a mystery to me.
Three words: Liberal Judicial Activism
15
posted on
04/13/2004 5:29:34 AM PDT
by
ChevyZ28
(Most of us would rather be ruined by praise, than saved by criticism.)
To: nickcarraway
I have said this before, and I will say this again about NOW. Their whole organization is dedicated to empowering women. What is more powerful than being a mother and a wife. For indeed, THE HAND THAT ROCKS THE CRADLE RULES THE WORLD.
16
posted on
04/13/2004 5:32:54 AM PDT
by
ChevyZ28
(Most of us would rather be ruined by praise, than saved by criticism.)
To: Clock King
Interstate commerce is the jurisdictional hook for federal prosecution.
17
posted on
04/13/2004 7:34:08 AM PDT
by
amordei
To: nickcarraway
NOW's former president, Patricia Ireland, said, "We will continue our litigation strategy until the terrorists are bankrupt and out of business." She must have the same speech writer as Arafat.
18
posted on
04/13/2004 8:22:45 AM PDT
by
TigersEye
(One nation under God ....... or war.)
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