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1 (March 24, 2003)

handle is hein.crs/crsahzz0001 and id is 1 raw text is: Order Code RS21345 Updated March 24, 2003 CRS Report for Congress Received through the CRS Web RICO and Abortion Clinic Protests in the Supreme Court: Scheidler v. NOW Charles Doyle Senior Specialist American Law Division Summary The Supreme Court has ruled that the National Organization for Women (NOW) and two abortion clinics may not sue anti-abortion protesters under the federal Racketeer Influence and Corrupt Organizations (RICO) provisions based solely upon allegations that the protesters' efforts to shut down the clinics constituted extortion, Scheidler v. NOW, 123 S.Ct. 1057 (2003). The majority opinion by Chief Justice Rehnquist, joined by seven other justices noted that RICO requires the commission of a pattern of racketeering activity. Racketeering activity is defined to include extortion under the Hobbs Act, the Travel Act or state law. Yet extortion requires the acquisition of property from the victim by threat or force. In the eyes of the Court the protesters obtained no property. Consequently no crime of extortion occurred. Without extortion, no RICO violation occurred. Because the Court found there had been no RICO violation, it became unnecessary to decide whether NOW would have been entitled to injunctive relief had there been a RICO violation. Justices Ginsburg, in a concurrence joined by Justice Breyer, pointed out that the principal consequence of the decision is its interpretation of what constitutes extortion for purposes of the Hobbs Act and RICO. After the events that gave rise to the case, Congress outlawed the misconduct at issue in the Free Access to Clinic Entrances Act (FACE) and provided for both criminal penalties and civil remedies. Justice Stevens, in dissent, objected to the difficulties of applying the majority's opinion to cases involving extorted intangible property. Related CRS Reports include CRS Report 96-950, RICO: A Brief Sketch; and CRS Report RS21214, RICO: Legislative Activity in the 107h Congress. Background NOW and two health care centers sued anti-abortion protesters under the federal Racketeer Influenced and Corrupt Organizations (RICO) provisions, 18 U.S.C. 1961- 1968, alleging a nationwide conspiracy to shut down abortion clinics through a pattern of racketeering activity including extortion in violation of the Hobbs Act, NOW v. Congressional Research Service **o The Library of Congress

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