Scheidler v. National Organization for Women (2006)

The United States District Court for the Northern District of Illinois dismissed the antitrust claims on the grounds that the protest groups were not in economic competition with the abortion clinics, and dismissed the RICO claims on the grounds that no "economic motive" was alleged.[4] The dismissals were upheld by the Seventh Circuit Court of Appeals.[5] This decision conflicted with other RICO cases from other circuits.

In 1994, the Supreme Court reversed the appeals court, asserting that no economic motive was necessary to violate the RICO laws.[6]

The case was remanded back to the district court.

At this point, the defendants included John Patrick Ryan, Randall Terry, Andrew Scholberg, Conrad Wojnar, Timothy Murphy, Monica Migliorino, VitalMed Laboratories, Inc., the Pro-Life Action League, Inc. (PLAL), the Pro-Life Direct Action League, Inc. (PDAL), Operation Rescue, and Project Life. The plaintiffs included NOW and two abortion clinics, the Delaware Women's Health Organization, Inc., and the Summit Women's Health Organization, Inc.

Meanwhile, in 1994, the Freedom of Access to Clinic Entrances Act (FACE) went into effect, prohibiting the use of force or intimidation to block access to reproductive health care facilities.

In 1997, class-action status was granted by the district court, certifying NOW as representing the class of all women seeking reproductive health care. In 1998, Randall Terry, founder of Operation Rescue who was facing over $100,000 in costs from other abortion clinic-related charges, settled the case against him, agreeing to a permanent personal injunction.

Also 1998, as the Supreme Court summarizes:

After a 7-week trial, a six-member jury concluded that petitioners violated the civil provisions of RICO. By answering a series of special interrogatory questions, the jury found, inter alia, that petitioners' alleged "pattern of racketeering activity" included 21 violations of the Hobbs Act, 18 U. S. C. §1951; 25 violations of state extortion law; 25 instances of attempting or conspiring to commit either federal or state extortion; 23 violations of the Travel Act, 18 U. S. C. §1952; and 23 instances of attempting to violate the Travel Act. The jury awarded $31,455.64 to respondent, the National Women's Health Organization of Delaware, Inc., and $54,471.28 to the National Women's Health Organization of Summit, Inc. These damages were trebled pursuant to §1964(c). Additionally, the District Court entered a permanent nationwide injunction prohibiting petitioners from obstructing access to the clinics, trespassing on clinic property, damaging clinic property, or using violence or threats of violence against the clinics, their employees, or their patients.

(The injunction was issued in 1999; "petitioners" refers to the original defendants, who were the parties making the appeal.) The case was appealed to the Seventh Circuit again, on several grounds, including the First Amendment right to free speech. The circuit court affirmed the lower court's decision.[7]

The Supreme Court agreed to hear an appeal, though refused to consider free speech issues. In its 2003 decision, the court ruled that while the actions under consideration in the appeal might have been coercive, they were not extortive because the defendants did not "'obtain' property" from their victims.[8] The defendants did, however, according to the Court, interfere with the victims' ability to exercise their property rights. Coercion is a less serious crime than extortion, and is not covered by RICO. The decision left open the question of whether the law generally entitled private parties to injunctive relief (as opposed to after-the-fact monetary damages) in RICO cases.

The case returned to the Seventh Circuit, where the plaintiffs argued that while 117 violations of the RICO Act were addressed by the second Supreme Court decision, 4 violations of the Hobbs Act remained, constituting violence but not extortion. They also claimed that the national injunction could be supported as remedy for these acts. The appeals court attempted to remand these issues to the district court, but the defendants appealed to the Supreme Court, on the grounds that the Seventh Circuit was ignoring the 2003 decision. The defendants also asked the court to decide whether the Hobbs Act prohibits non-extortive violence, and to decide the still-open question of whether the law generally entitled private parties to injunctive relief in RICO cases.

With the case styled as Scheidler v. National Organization for Women, Inc., the Supreme Court handed down a unanimous (8-0) decision in favor of Scheidler and PLAN on February 28, 2006. Because he was not yet on the Court when the arguments were presented, Justice Samuel Alito did not participate in the decision. The Court held that the Hobbs Act did not cover violence unrelated to robbery or extortion. The Court also noted that Congress's 1994 passage of FACE indicated that Congress did not view RICO as pertaining to this area.

• Plaintiffs' Timeline
• Defendants' Case summary

• Docket page, including background documents, FindLaw.
• Supreme Court docket updates on Operation Rescue v. NOW, et al.
• Supreme Court docket updates on Scheidler, et al. v. NOW et al.
• 2006 Supreme Court Decision

• Roth, Jaime, Comment, Reptiles in the Weeds: Civil RICO vs. the First Amendment in the Animal Rights Debate, Univ. of Miami Law Review, 56:467 (2002).
• Beltran, Xavier, Note, Applying RICO to Eco-Activism: Fanning the Radical Flames of Eco-Terror, B.C. Environmental Affairs Law Review, 29:281 (2002).