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Supreme Court Rules For Abortion Protesters In Civil Disobedience Case (RICO)
Associated Press / SFGate ^

Posted on 02/26/2003 7:21:42 AM PST by RCW2001

Edited on 04/13/2004 2:41:53 AM PDT by Jim Robinson. [history]

The Supreme Court ruled Wednesday that a federal racketeering law was improperly used to punish aggressive anti-abortion protesters, a major victory for people who regularly block clinic doors.

The court's 8-0 ruling applies to protests of all sorts, not just at clinics.


(Excerpt) Read more at sfgate.com ...


TOPICS: Breaking News; Front Page News; News/Current Events
KEYWORDS: abortionlist; billofrights; catholiclist; constitutionlist; face; prolife; rico; scotus; scotuslist
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To: Campion
warning: Pooby and Palpy are utilitarian agents of doom and death
221 posted on 02/26/2003 10:33:45 AM PST by Notwithstanding
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To: Poohbah
"If someone illegally enters my property while I am on it, and they do so in full knowledge that I am there, the rules on application of deadly force are much looser than otherwise would be the case."

You cannot compare a so-called 'trespasser' in a clinic to someone invading your private residence.

222 posted on 02/26/2003 10:33:51 AM PST by MEGoody
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To: BufordP
The Courts performing their role, the system working. And if there's anything unconstitutional in a Patriot Act case, the courts will be there too.
223 posted on 02/26/2003 10:33:56 AM PST by FreeTheHostages (March 1st Washington Monument grounds (southeast of the Monument) 11 a.m. SUPPORT OUR TROOPS)
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To: Chancellor Palpatine
Wonder how many of them believe this rationale is a reason to snipe at doctors or set bombs? How far are they willing to go - will they commit assault or mayhem after being told to leave?

You think we have a nuclear chihuahua around here?

224 posted on 02/26/2003 10:34:12 AM PST by Poohbah (Beware the fury of a patient man -- John Dryden)
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To: MEGoody
After a "pro-life" person shot an abortionist in 1993, you cannot claim that with a straight face any longer.
225 posted on 02/26/2003 10:35:35 AM PST by Poohbah (Beware the fury of a patient man -- John Dryden)
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To: Notwithstanding; Chancellor Palpatine
Generally, the bigger the font, the less intelligent the argument.
226 posted on 02/26/2003 10:36:58 AM PST by Poohbah (Beware the fury of a patient man -- John Dryden)
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To: Poohbah
Yep - a genuine nuclear chihuahua, radioactive and humping the chair leg.
227 posted on 02/26/2003 10:38:16 AM PST by Chancellor Palpatine (those who unilaterally beat their swords into plowshares wind up plowing for those who don't)
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To: Notwithstanding
You've almost got that prozac dose right, since you've stopped calling me Satan. But the font thing is a real annoyance - try upping the dose by a few milligrams.
228 posted on 02/26/2003 10:39:56 AM PST by Chancellor Palpatine (those who unilaterally beat their swords into plowshares wind up plowing for those who don't)
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To: Notwithstanding; Poohbah; Chancellor Palpatine
Notwithstanding, that is a gross and unfair characterization of the position taken by Poohbah and Chancellor Palpatine on this matter. A disagreement on tactics is NOT an excuse to attack someone's credentials on an issue.

Having said that, I am of the opinion that it was VERY inappropriate for the National Organization of Women and NARAL to use RICO in this case, and it caused me grave concern. The author of the statute said it was being misapplied in this case. Violent protestors of any stripe, though, are fair game for RICO, in my opinion. Sitting in front of a clinic door is fair game - if you're willing to accept a likely conseuqence of remaining there after the owner/person in charge requests your departure: A trespassing charge.
229 posted on 02/26/2003 10:43:55 AM PST by hchutch ("Last suckers crossed, Syndicate shot'em up" - Ice-T, "I'm Your Pusher")
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To: Chancellor Palpatine; Poohbah
Generally, when one party to an argument starts sharing cute little terms of ridicule for the other side, that means the argument is over, and they've lost.
230 posted on 02/26/2003 10:44:26 AM PST by Campion
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To: hchutch
I disagree.

Pooby thinks gun rights are more precious than both speech and unborn people.

Palpy thinks some innocent people have more right to live than others.

Its that simple.
231 posted on 02/26/2003 10:48:52 AM PST by Notwithstanding
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To: Campion; Chancellor Palpatine
The "nuclear chihuahua" line has its origins Kopp's shooting of Bernard Slepian. Seems that Kopp's nickname in the "Army of God" (Two lies for the price of one) was "Atomic Dog."

Folks like Scheidler have done far more for abortion than NARAL and Planned Parenthood could ever do on their own.
232 posted on 02/26/2003 10:49:04 AM PST by Poohbah (Beware the fury of a patient man -- John Dryden)
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To: Campion

http://www.catholicleague.org/03press_releases/pr0103.htm#SUPREME%20COURT%20AFFIRMS%20RIGHTS%20OF%20ABORTION%20FOES

SUPREME COURT AFFIRMS RIGHTS OF ABORTION FOES


The U.S. Supreme Court in an 8-1 decision ruled today that the federal Racketeering Influenced and Corrupt Organizations (RICO) Act, as well as the Hobbs Act, do not apply to abortion foes who protest outside abortion clinics.



Catholic League president William Donohue commented on the decision today:



“This is a major victory for freedom of speech. Not only will abortion protesters be free from the threat of future RICO suits, protesters of all causes will not have to labor under such threats. If there are clear cases of harassment or abuse of women seeking an abortion by abortion protesters, then there are plenty of laws on the books that can be used against them. But to use a remedy like RICO, or the Hobbs Act, both of which were meant to apply to gangsters engaged in extortion, as a way to protect abortion-seeking women from being intimidated by protesters, is outrageous.



“The real story here is the extraordinary disrespect that the so-called champions of liberty have for free speech. The National Organization for Women, which brought the lawsuit, has proven beyond a doubt that it would use any law available as a weapon to beat down pro-life protesters. NARAL and Planned Parenthood have similarly shown their contempt for the First Amendment by previously supporting the use of RICO against anti-abortion demonstrators; even affiliates of the ACLU have used RICO to stop the free speech of abortion foes. That’s because abortion is their god: they would rather lose our fundamental civil liberties before they would ever lose the right of a woman to abort her baby.



“Pro-life activists, many of whom are Catholic, have a great deal to celebrate today. So do those who are not pro-life but still maintain fidelity to the First Amendment. Most important, for the abortion-rights industry to try to muzzle the free speech of demonstrators by manipulating a law aimed at gangsters shows who the real fanatics are.”

233 posted on 02/26/2003 10:50:18 AM PST by Notwithstanding
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To: Campion
That "cute little term of ridicule" refers to James Kopp, the sniper who shot Slepian.

Remember him, the one everybody in the radical pro-life movement said was set up, and later openly confessed to his murders?

234 posted on 02/26/2003 10:50:35 AM PST by Chancellor Palpatine (those who unilaterally beat their swords into plowshares wind up plowing for those who don't)
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To: hchutch
A disagreement on tactics is NOT an excuse to attack someone's credentials on an issue.

This may be the case with poobah, and I'll admit that I am a little perplexed at his unwillingness to see this as a victory for the rights of the unborn. I was under the impression that he is pro-life. As far as C. P. is concerned, he’s pro-abortion so it's not a matter of mere tactics.

235 posted on 02/26/2003 10:51:44 AM PST by conservonator
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To: Poohbah
Question for poobs and palps:

What have you done to reduce abortion, assist women who face a crisis pregnancy, or improve the legal status of the unborn?
236 posted on 02/26/2003 10:52:35 AM PST by Notwithstanding
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To: Notwithstanding
Pooby thinks gun rights are more precious than both speech and unborn people.

You think that the right to trespass and threaten is more important than actually stopping abortion.

237 posted on 02/26/2003 10:54:12 AM PST by Poohbah (Beware the fury of a patient man -- John Dryden)
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To: Notwithstanding
...or to assist men and women who face the long-term after effects of abortion?
238 posted on 02/26/2003 10:54:41 AM PST by Notwithstanding
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To: Notwithstanding
What have you done to reduce abortion, assist women who face a crisis pregnancy, or improve the legal status of the unborn?

Probably more than you have.

I've providing no-cost lodging for pregnant women who had nowhere else to go. I've given generously to crisis pregnancy centers--time, talent, and treasure in large amounts.

I've gotten exactly NOWHERE in trying to get a statutory change to common law re": the unborn--seems a lot of "pro-life" people think that common law is some sort of Holy Writ from God's own finger.

239 posted on 02/26/2003 10:57:38 AM PST by Poohbah (Beware the fury of a patient man -- John Dryden)
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To: conservonator
This may be the case with poobah, and I'll admit that I am a little perplexed at his unwillingness to see this as a victory for the rights of the unborn.

It keeps Scheidler and company around, and keeps them in a position to be the public face of the pro-life movement.

We'll continue to die the death of a thousand cuts.

240 posted on 02/26/2003 10:58:55 AM PST by Poohbah (Beware the fury of a patient man -- John Dryden)
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