Tuesday, February 28, 2006

It's about time!

In a stunning (to me) 8-0 decision, the Supreme Court overturned an earlier 7th District Court decision that made it allowable to utilize RICO against anti-abortion protesters who protest at abortion clinics:
WASHINGTON — The Supreme Court dealt a setback Tuesday to abortion clinics in a two-decade-old legal fight over anti-abortion protests, ruling that federal extortion and racketeering laws cannot be used to ban demonstrations.


The 8-0 decision ends a case that the 7th U.S. Circuit Court of Appeals had kept alive despite a 2003 ruling by the high court that lifted a nationwide injunction on anti-abortion groups led by Joseph Scheidler and others.

Anti-abortion groups brought the appeal after the appellate court sought to determine whether the injunction could be supported by charges that protesters had made threats of violence.

In Tuesday's ruling, Justice Stephen Breyer said Congress did not intend to create "a freestanding physical violence offense" in the federal extortion law known as the Hobbs Act.

Instead, Breyer wrote, Congress chose to address violence outside abortion clinics in 1994 by passing the Freedom of Access to Clinic Entrances Act, which set parameters for such protests.

There is, thankfully, no corresponding congressional oversight for groups that perform true acts of terrorism.


(Filed under defense of life)