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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: Dionysius
Not only a victory for us -- but also (I hope) a first step in rolling back the insidious abuses of RICO!

Not only a victory for us -- but also (I hope) a first step in rolling back the insidious abuses of ABORTION!

I like both statements.

81 posted on 02/26/2003 8:18:32 AM PST by Petronski (I'm not always cranky.)
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To: RCW2001
MEGA BUMP!!!
82 posted on 02/26/2003 8:20:02 AM PST by HighRoadToChina (Never Again!)
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To: TrueBeliever9
Excellent.

What do you think Rehnquist meant by "obtain" property?
83 posted on 02/26/2003 8:21:31 AM PST by xzins (I am a monthly and a $1+ Per Day Donor)
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To: Motherbear
"...NO one has the right to someone's money. If "commerce" is stopped because someone has been persuaded to change (his) mind, God's angels rejoice, and another "business" losses a buck. It's the American way...."

It all depends on how one is trying to persuade. Offering leaflets to women entering a clinic or saying the rosary are clearly protected free speech. Touching women entering a clinic, impeding their path, yelling abusive statements, making threatening statements to employees etc. are not necessarily protected free speech. The supremes have stated today that the death industry cannot use RICO to punish protestors. I don't believe they have given the protestors free reign to engage in harassing activities or otherwise disrupting legal commerce.
84 posted on 02/26/2003 8:22:24 AM PST by irish_links
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To: Sub-Driver
>>>...Now the fun part.........Watching Jennings, Brokaw, & Rather present this in the evening news.......

When you hear a few second of dead airtime while they go to commercial, you will know that they presented it as much as they will.

85 posted on 02/26/2003 8:23:03 AM PST by Dan(9698)
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To: RCW2001
Thank you, Jesus!
86 posted on 02/26/2003 8:26:12 AM PST by Campion
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To: RGSpincich
The timing of this is interesting...And didn't Estrada write something on this?? That may be in those memos.

Let's see if they stop asking for the memos now.

87 posted on 02/26/2003 8:27:23 AM PST by Sacajaweau
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To: valkyrieanne
This is a great ruling - notice that with the exception of Stevens, even the liberals and pro-abortion judges *still* ruled for the pro-lifers. Thank you, God.

If they had ruled otherwise the ruling would have bit the Left right on the rear end. If RICO suits were permitted against people who do not have a direct financial stake in picketing outside a business, then PETA and all sorts of other leftie groups would have been just as vulnerable as right to life groups.

That fact probably explains why the liberal justices saw fit to rule based on the Constitution rather than ideology.

88 posted on 02/26/2003 8:27:43 AM PST by Numbers Guy
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To: xzins
According to the opinion, the definition of "obtaining" property under the Hobbs Act entails both a "deprivation" and "acquisition" of property. In this case, the protesters may have "deprived" someone of a "property" right to obtain or perform abortions. But the protesters were not attempting to "acquire" that "property." Hence, no "obtaining," of property, and no violation of the Hobbs Act.
89 posted on 02/26/2003 8:29:30 AM PST by lady lawyer
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To: RCW2001
Pro life bump
90 posted on 02/26/2003 8:32:24 AM PST by tutstar
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To: Dog Gone; Straight Vermonter; All
Did everyone catch these leading sentences? They have no shame.

The U.S. Supreme Court ruled on Wednesday that federal racketeering and extortion laws cannot be used against anti-abortion groups for engaging in a nationwide conspiracy to shut down health clinics.

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

91 posted on 02/26/2003 8:34:16 AM PST by FreeTally
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To: RCW2001
The Supreme Court holds the key to the survival or death of this Republic. There are enough cases in the appellate pipeline at any one time to either usurp or to solidify, for a foreseeable future, the founders' view of their Constitution.

It will not happen with our power gourging Congress, nor through a charismatic executive. Short of sunsetting every law currently on the books and starting from the beginning, the only hope for the future of this country is a Supreme Court which interprets law against both the expressed language of the Constitution and the writings of both those who proposed it (Federalist Papers) and those who warned against it and predicted its consequences (Anti-Federalist Papers).
92 posted on 02/26/2003 8:34:39 AM PST by Tucson (Dare to confuse the issues with the facts)
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To: GirlShortstop
Wouldn't that mean it was 8-1 rather than 8-0.......

Not being picky, just trying to educate myself.

93 posted on 02/26/2003 8:39:15 AM PST by OldFriend
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To: RCW2001
That is fantastic news.
94 posted on 02/26/2003 8:40:16 AM PST by amused (Republicans for Sharpton!)
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To: AKA Elena; american colleen; Antoninus; Aquinasfan; Aristophanes; ArrogantBustard; Askel5; ...
LIFE LIFE LIFE LIFE
95 posted on 02/26/2003 8:43:57 AM PST by Notwithstanding (Satan is real. So are his minions. Palpy is one of them.)
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To: AKA Elena; american colleen; Antoninus; Aquinasfan; Aristophanes; ArrogantBustard; Askel5; ...
LIFE LIFE LIFE LIFE
96 posted on 02/26/2003 8:44:55 AM PST by Notwithstanding (Satan is real. So are his minions. Palpy is one of them.)
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To: Notwithstanding
A GIANT ROSARY BUMP FOR LIFE!!!!!!!!!!!!


97 posted on 02/26/2003 8:46:53 AM PST by Siobhan (+Pray the Divine Mercy Chaplet+)
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To: Notwithstanding
You're mental.

Don't you have to go find some plastique and det cord to blow up a clinic with?

98 posted on 02/26/2003 8:48:54 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: mabelkitty
I can just hear the whine now, but it was 8-0.
99 posted on 02/26/2003 8:49:20 AM PST by kassie (God Bless and Protect Our Military)
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To: RCW2001
Has Nina Totenberg passed out yet?
100 posted on 02/26/2003 8:49:29 AM PST by bvw
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