Mar 3, 2006

Supreme Court Decision is Pro-Life Victory over N.O.W.

http://www.breakingchristiannews.com

by Joe Scheidler / Aimee Herd reporting :
Feb 28, 2006 :
Christian Newswirehttp://www.earnedmedia.org/plal0228.htm

"This unanimous ruling is not just a victory for pro-life activists, but for anyone who chooses to exercise his First Amendment rights to effect social change."

The lawsuit NOW (National Organization for Women) v. Scheidler (of the Pro-Life Action League) was originally filed in 1986 and underwent many revisions before coming once again before the U.S. Supreme Court this week. Matt Staver, president of the Liberty Counsel, explained the original argument:
The case of Scheidler v. NOW was brought by NOW against several pro-life protestors, claiming that the protest activities of several pro-life individuals and groups were in violation of RICO (Racketeer Influenced and Corrupt Organizations) and the Hobbs Act.

In order for RICO to apply, there must first be a violation of one of the laws listed within RICO. One such law that abortion advocates have relied upon is the federal law known as the Hobbs Act. The Hobbs Act prohibits extortion, which is defined as the improper obtaining of property from another. Abortion advocates argued that pro-life protestors committed "extortion" by picketing their clinics.

The Supreme Court decided today that physical violence or threats of physical violence unrelated to robbery or extortion fall outside the scope of the Hobbs Act, and thus the protestors' actions could not be considered violations of the Hobbs Act, and therefore did not violate RICO. The Court ordered for judgment to be entered in favor of the abortion protestors.

In a statement posted on the Christian Wire Service site, Joseph M. Scheidler, National Director of the Chicago-based Pro-Life Action League, and Petitioner in the NOW v. Scheidler case, said, "Naturally I am gratified to be vindicated once again by the United States Supreme Court."
"I am mystified that I had to go to the trouble and expense of appearing before the Supreme Court three times," Scheidler added. "The Court was right when they ruled for us 8-1 in 2003, but the National Organization for Women refused to acknowledge defeat. They convinced the Seventh Circuit Court of Appeals to keep the case alive, in spite of the Supreme Court's clear mandate to end it."

Scheidler's attorney on the case, Thomas Brejcha, commented, "This unanimous ruling is not just a victory for pro-life activists, but for anyone who chooses to exercise his First Amendment rights to effect social change."


No comments: