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Home NOW v Scheidler

The Landmark Case, NOW v Scheidler

[Supreme Court Building]

U.S. Supreme Court

In 1986, the National Organization for Women and two abortion clinics in filed a complaint in Federal Court alleging violations of the Sherman-Clayton anti-trust laws against Joseph Scheidler, the Pro-Life Action League and several other defendants. Thus began the landmark NOW v. Scheidler case, which ultimately was won by the pro-life defendants.

NOW v. Scheidler is a significant case not only because it involves the issue of freedom of protest but because it involves the thorny Racketeering Influenced and Corrupt Organizations (RICO) Act, the scope of which has extended far beyong the Congress' original target of organized crime.

The case has been to the Supreme Court three times. In 1994 a 9-0 decicion allowed the case to go forward to trial as a civil RICO action. In 2003, the Supreme Court ruled 8-1 to overturn the Disctrict Court jury's 1998 guilty finding against Scheidler and his co-defendants. And in 2006, the Supreme Court unanimously ruled again in favor of Scheidler, putting to rest an effort by NOW to keep the case alive in the Seventh Circuit.

In May 2007, over a year after the Supreme Court ruling, District Judge David Coar signed the final judgment, reversing his 1999 Judgment and vacating the nationwide injunction in effect since July 16, 1999.

The only remaining issue is that of recovering the costs of the lawsuit from the National Organization for Women and the abortion clinics that sued Scheidler in 1986. This is also a matter for Judge Coar to settle.

Milestones in NOW v Scheidler

For more in-depth information on particular stages in this seventeen-year case, see the following pages:

Summary:
NOW v. Scheidler Case Summary from the 1986 filing to the present
2002:
Supreme Court Hears Oral Arguments—Article from the December 2002 Action News
2003:
Scheidler Victory in the Supreme Court on the Feb. 26, 2003 decision
VICTORY DAY: 8-1 Supreme Court Decision Ends NOW v. Scheidler—Article from the April 2003 Action News
Pro-Life Activists Celebrate 8-1 Victory NOW v. Scheidler—Article from the June 2003 Action News
2005:
Despite High Court Victory, NOW v. Scheidler Lives On—Article from the Winter 2005 Action News
Scheidler To Make Historic Trip to the Supreme Court—Aricle from the Spring/Summer 2005 Action News
Scheidler's Third Trip to the U.S. Supreme Court—Article from the Fall 2005 Action News
2006:
Scheidler Wins in High Court Again—Article from the Winter 2006 Action News
Justice Delayed in NOW Hearings—Article from the Fall 2006 Action News
2007:
Final Judgement Signed in NOW v. Scheidler—Article from the Spring 2007 Action News
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