Supreme Court Grants Review in ACLJ Case

This morning at 10 oclock, I went across the street to the Supreme Court of the United States to obtain the Orders List for new cases that have been accepted for the term starting in October 2005.  I am happy to report that the Supreme Court has granted review in our case, Operation Rescue v. National Organization for Women (NOW).  This case involving the application of RICO to pro-life protests has been pending for almost 20 years!  Two years ago, we won an 8-1 decision before the Supreme Court of the United States; however, despite this overwhelming victory, the U.S. Court of Appeals for the 7^th Circuit kept the injunction in place.  This morning, the Supreme Court of the United States granted our Petition for Writ of Certiorari.   This means the Supreme Court has now granted plenary and full review of the case.

 

We are pleased that the Supreme Court has agreed to take this case. The Court acted correctly two years ago in determining that RICO could not be used against the pro-life demonstrators in this case.  By taking this case now, we are hopeful the Court will move to vindicate these pro-life demonstrators and remove, once and for all, the dark cloud that has been hanging over the pro-life movement for nearly 20 years.  This important case puts the issue of abortion front and center at a time when the make-up of the Court could very well change before the case is argued next term.

 

In 2003, the Supreme Court ended the RICO case by ruling in an 8-1 vote that merely obstructing the operations of a business, without obtaining any money or other property, was not extortion.  The Court concluded that all of the predicate acts [under RICO] must be reversed, that the judgment that [defendants] violated RICO must also be reversed, and that the injunction . . . must necessarily be vacated.  When the case returned to the 7^th Circuit, we asked that the case be sent back to the district court with instructions to enter judgment in favor of the defendants.  NOW, however, argued that despite the Supreme Court ruling, the RICO case was still alive and the injunction should remain in effect.  The appeals court agreed with that argument, and we asked the Supreme Court to take the case.

 

This case has attracted the notable support of amici curiae (friends of the court) across the political spectrum. The attorneys general of eight states Alabama, Delaware, Kansas, Michigan, Ohio, South Dakota, Texas, and Utah have filed a brief urging the Supreme Court to take the case.  In addition, a coalition of activists and labor unions including actor Martin Sheen, Father Daniel Berrigan, Sister Helen Prejean, Citizens United for Alternatives to the Death Penalty, People for the Ethical Treatment of Animals, the Teamsters, and the International Brotherhood of Electrical Workers filed an amicus brief decrying the lower court ruling as a threat to social protest across the board.

 

The Supreme Court today granted review in our case, Operation Rescue v. NOW, and a companion case, Scheidler v. NOW.  Both cases have been consolidated and will be heard together next term.  We have immediately started working on the briefs that will be due in about two months, and we will also begin preparing for oral arguments in the fall.