Court Reviews Punishing of Abortion Foes (RICO)

AP ^

[Dallas]

WASHINGTON --

The Supreme Court is considering whether a federal racketeering law -- intended to combat corruption -- can be used to punish anti-abortion protesters.

The justices will revisit a case they first dealt with nine years ago when they ruled that anti-abortion groups and demonstrators could be sued in a private lawsuit under the 32-year-old Racketeer Influenced and Corrupt Organizations Act, known as RICO.

The case being argued Wednesday raises free-speech questions about violent or threatening political and social protests. While it does not involve the constitutionality of abortion, emotion from abortion rights supporters and foes has spilled into court filings.

The Supreme Court is hearing appeals from Operation Rescue, anti-abortion leader Joseph Scheidler and others who were ordered to pay damages to abortion clinics and barred from interfering with their businesses for 10 years.

The groups were sued by the National Organization for Women and abortion clinics in Milwaukee and Wilmington, Del., over what they described as violent tactics. The anti-abortion groups also were accused of extortion under another law, the Hobbs Act.

Lower courts found that the protesters illegally blocked clinic entrances, menaced doctors, patients and clinic staff and destroyed equipment during a 15-year campaign to limit or stop abortions at several clinics. They were ordered to pay $257,780 in damages.

Scheidler said if the Supreme Court overturns a decision against the protesters, it will be a victory for the anti-abortion movement and will ensure that groups of all types can demonstrate without risk of RICO prosecution.

"One of the most beautiful things about this country is we can protest our grievances. That is a trademark of America," Scheidler said.

Dozens of organizations and individuals have chosen sides. Actor Martin Sheen, People for the Ethical Treatment of Animals and four states are among supporters of the protesters. On the other side are nine states, several prosecutor groups, abortion clinic bombing victim Emily Lyons, and others.

"Those who plant bombs or use clubs, fists, violent blockades, or nefarious means to express their dissent ... are criminals who should be punished as criminals, however sincere their beliefs," the court was told in a filing on behalf of Lyons, a clinic nurse injured in Birmingham, Ala., in 1998.

Justices must differentiate between protected political activity and that which is illegal. The ruling is expected before next summer.

The cases are Scheidler v. National Organization for Women, 01-1118, and Operation Rescue v. National Organization for Women, 01-1119.

[the_Watchman]

Actor Martin Sheen, People for the Ethical Treatment of Animals and four states are among supporters of the protesters.

I am floored that PETA has actually taken the time to stand up for these people! Good show!

[EternalVigilance]

Hard for me to understand how the NOW nags had any standing in this case to begin with.

The misuse of the RICO and the Hobbs statutes to persecute pro-life protesters is a blot on American jurisprudence and I hope the Supremes will understand that and act accordingly.

Knowing how far our judicial branch has fallen in the last generation it is always hard for me to believe they will do the right thing. I hope my mistrust of them is misplaced in this case. Time will tell.

[goodieD]

My head is exploding.. I love it when Lefties battle each other..and are inexplicably on our side... HOWEVER..let's get real here..the only reason PETA (and Sheen) are in on this is because the government has looked into using RICO laws against them and groups like them.

[the_Watchman]

Yes, but they could have sat out this court case and waited until it effected them. I think it shows a bit of class on their part. After all, they can't be ALL BAD, can they??

[Boot Hill]

From the article:   "One of the most beautiful things about this country is we can protest our grievances. That is a trademark of America, Scheidler said."

"Protest our grievances"??? What's Scheidler planning on doing, holding up a sign that says: "Ignore my grievances"? Somebody should tell Scheidler that another "trademark of America" is competency in English!

--Boot Hill

[The Raven]

[tm22721]

It is totally 'in character' for liberals from PETA to imply that the rights of people are on a par with those of animals.

BUMP

[Guenevere]

#6...oh for goodness sakes!

Is that all you can say!

while you're arguing the fine point of his use of the English language....

...Scheidler has been actively protesting the aborting of preborn babies for well over two decades!!

.....he puts his voice/energy where his convictions are!!....

There are many forms of ...grievances..

Some folks write letters to the powers that be...

..some folks faithfully stand quietly & pray in front of abortuaries week after week, year after year....

...some folks hold signs....

...some folks risk arrest.

Agree or disagree.......our greivances are real...(proper English or not!)

[Dallas]

If the government is allowed to blatantly abuse this statute in such a manner as this. Then just think what suprises Homeland Security Bill will offer.

[George from New England]

"I am floored that PETA has actually taken the time to stand up for these people! Good show!"

Don't you think that PETA has its own interests in mind?

There's probably an active case where PETA could currently stand to gain from a pro pro-life decision.

[catonsville]

I have been active in the Animal Welfare movement for decades and still am. I quit PETA ten years ago) when Ingrid Newkirk, its director began to politicize the group in other areas.

The vast majority of members I met at meetings and protests were very pro-life and some actively so. I could not be against cruelty to animals and for the torture of unborn children through abortion.

However, since I now no longer support PETA I am not sure what their motives are in this case.

[Doctor Stochastic]

RICO was retargeted from the mob to the abortion protestors. How long will it be before the assassination-of-American-citizens will be used against right-wing-terrorist-activities?

[concerned about politics]

let's get real here..the only reason PETA (and Sheen) are in on this is because the government has looked into using RICO laws against them and groups like them.

Yepper. They wouldn't just do it because it was right. Liberals aren't known for that. They're known for the "I love me only " type stuff.

[jmc813]

I read an LA Slimes editorial this morning and even they came out in favor of Scheidler.

[Bogolyubski]

My question is this: Why is the supposedly pro-life Bush adminstration siding with NOW, et al on this issue? Using RICO and Hobbs to silence protests is an unconscionable abuse of power. This is yet another sad example of those who take our votes (Bush and the GOP leadership), turning around and sticking the knife into our back - as they have done with immigration reform, campaign finance, the "religion of peace" nonsense, and other issues. The least they could have done would have been to stay out of the case altogether instead of indulging in treachery against those who put them into office.

[wideawake]

Actor Martin Sheen

Amazing. He accidentally behaved like a Catholic for a second.

[Boot Hill]

Given the seriousness of the issue, perhaps you were correct to take me to task for attempting to inject a little humor. However, at 1:30 am, that sort of oxymora just seem to reach out and grab me.

--Boot Hill

[Guenevere]

#18..You sir, are a gentleman.....

(hope I have the right gender!! :)

[INSENSITIVE GUY]

There would actually be more of a case against the pro-abortionists because they are making money killing babies.Money involvement is one of the criteria for prosecution under the RICO statute.