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Activist Judiciary in Abortion Case


Jay Sekulow

May 23, 2011

2 min read




I have been litigating a very important abortion case for nearly twenty years.  Everyone thought it was over in 2003 when the Supreme Court of the United States ruled 8-1 and determined that the Racketeer Influenced and Corrupt Organizations (RICO) Act was wrongly used against the pro-life movement. 

After the Supreme Court ruled on our behalf and sent the case back down to a federal appeals court, the unexpected happened.  The federal appeals court essentially ignored the decision of the Supreme Court.  The appeals court said an injunction against the pro-life individuals and organizations should remain in effect. 

That is why we have gone back to the Supreme Court and filed a petition asking the high court to review and reverse a lower court decision that has kept this case alive.  We are asking the high court to consider a number of questions including:  Does the Seventh Circuit's disobedience of the Supreme Court warrant summary reveral?  We think it does.  And we also realize that such an action is an infrequent but effective means of reigning in wayward lower courts.  This is an example of the judicial activism that has touched a nerve across America.  A federal appeals court rejecting what the Supreme Court has determined and now we must move forward to take corrective action on an issue that should have been settled two years ago.

The issue of judges is getting a lot of attention.  The American people clearly understand now -- especially after the death of Terri Schiavo -- that judges do make a difference.  At the same time, it is clear that we seem headed for a showdown in the U.S. Senate over a rules change to eliminate the unconstitutional use of the judicial filibuster - a tactic designed to keep nominees from getting an up-or-down vote on the Senate floor.   

Many in Washington will be turning their attention in the weeks ahead to the issue of the judicial filibuster and beginning on Monday, the ACLJ will be giving you an opportunity to join with us in urging the Senate leadership to act and change the Senate rule regarding filibusters.

I encourage you to listen to my radio broadcast on Monday and to check out our website.  I want to have a powerful response to communicate to Senate leadership. 

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