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NOW v. Scheidler Supreme Court Case
On Wednesday, November 30, the Supreme Court will hear two key cases involving violence against women's health clinics and access to abortion services: Scheidler v. National Organization for Women (NOW), et. al. and Operation Rescue v. National Organization for Women, et. al. This case was initiated in 1986 by Eleanor Smeal as president of the National Organization for Women (Smeal is currently president of the Feminist Majority Foundation). This is the third time the Supreme Court will be considering this class action case on behalf of all women who could potentially be patients of women's health care clinics and virtually all women's health care providers. NOW, with the Delaware Women's Health Organization and the Summit Women's Health Organization, both owned and operated by the National Women's Health Organization, filed this case in an effort to stop a nationwide pattern of crimes, including violent assaults and physical attacks on patients, doctors, clinic staff, and police, as well as destruction of medical equipment, supplies, and other clinic property. At issue is a nationwide injunction prohibiting PLAN and Operation Rescue from conducting blockades, trespassing, damaging property, or committing acts of violence directed at the clinics. The injunction has not affected peaceful protests. Also at issue is whether the Hobbs Act, a federal statute, can be used to curb such violence and whether violations of the Act are sufficient to support the imposition of the nationwide injunction. Only two violations of a federal statute (in this case, the Hobbs Act) are necessary to trigger a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), and a jury unanimously found 121 violations of law. In fact, according to NOW's brief, [t]he trial judge commented that the proof that Petitioners [Operation Rescue and the Pro-Life Action Network (PLAN)] authorized or ratified the crimes was voluminous enough to fill up this courtroom. However, the Supreme Court in 2003 ruled that the 117 crimes involving extortion were not a violation of the Hobbs Act and therefore did not constitute predicate acts necessary to trigger RICO. Four violent acts are still in play. The Feminist Majority Foundation filed the major amicus brief on clinic violence on behalf of major reproductive health and rights organizations, including Planned Parenthood Federation of America, Medical Students for Choice, National Abortion Federation, National Coalition of Abortion Providers, and Physicians for Reproductive Health and Choice. LEARN MORE! Feminist Majority Foundation amicus brief NOW v. Scheidler background information NOW v. Scheidler timeline (at www.now.org) DONATE to the Feminist Majority Foundation's National Clinic Access Project, working to keep women's health care clinics safe and open.
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