Clinic protest case aired for third time at Supreme Court

Published: 2005-12-01

WASHINGTON (CNS) -- As the Supreme Court heard oral arguments Nov. 30 for the third time in a 20-year-old case over protests at abortion clinics, the justices' questions suggested they still do not think anti-racketeering laws can be applied to protesters. In an 8-1 ruling in 2003, the court said the National Organization for Women could not use provisions of the Hobbs Act, a 1948 law prohibiting interference with commerce by threats or violence, to seek damages from abortion protesters for lost business at abortion clinics. The ruling said protesters affiliated with the Pro-Life Action League and Operation Rescue had not attempted to obtain property by their actions, so there was no basis for claims under Hobbs or the 1970 Racketeer Influenced and Corrupt Organizations Act. When the case went back to the 7th U.S. Circuit Court of Appeals for reconsideration in light of that ruling, the appeals court found that the Supreme Court had only disposed of 117 of the 121 instances in which the original jury had found that abortion protesters violated laws prohibiting acts or threats of violence to person or property. That court sent the case to a federal district court to decide whether the four open questions constitute sufficient reason to sustain an injunction barring the protesters from future clinic blockades. It is the protesters' appeal of that order which the Supreme Court is now considering.

Copyright (c) 2005 Catholic News Service /U.S. Conference of Catholic Bishops. The CNS news report may not be published, broadcast, rewritten or otherwise distributed, including but not limited to such means as framing or any other digital copying or distribution method, in whole or in part without the prior written authority of Catholic News Service .