This Case Summary is broken into three parts:
NOW v Scheidler Case Summary, Part 3
2003 Supreme Court Victory to the Present
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February 26, 2003
Supreme Court opinion is released: 8-1 in favor of the Scheidler Petitioners. Pro-Lifers across the country applaud this victory.
April 18, 2003
Parties submit Statements of Position to the Appellate Court in response to the Supreme Court decision, indicating what action they wish the court to take in light of the majority Opinion.
April 21, 2003
Scheidler receives notice that he must participate in a mandatory settlement conference with attorneys from NOW and a mediator from the Appellate Court.
May 15, 2003
MandAtory settlement conference is held. No point of agreement is found between the parties.
February 26, 2004
Diane Wood, speaking for the 3-judge panel (Wood, Ilana Rovner and Timothy Evans), remanded the case to the Federal District Court here in Chicago to consider Clayton’s theory of the four acts. Scheidler and the League petitioned the Court of Appeals for a re-hearing en banc.
March 11, 2004
Scheidler petitions the full Seventh Circuit for a re-hearing en banc of the three-judge panel's decision.
January 28, 2005
Wood, on behalf of the full court of 11 judges, announced that they rejected the petition for re-hearing. Judge Ripple, who is pro-life, recused himself. Judge Manion, Kanne and Chief Judge Flaum voted for re-hearing, three justices short of the six needed for rehearing.
April 12, 2005
Scheidler petitions the Supreme Court for the third time, this time asking for a final ruling on the case in light of the Appellate Court's rejection of the petition for a re-hearing en banc.
May 24, 2005
Scheidler replies to NOW's brief of opposition submitted to the Supreme Court in response to the April 12 filing.
June 28, 2005
In it's final action of the 2004 term, the Supreme Court grants Certiorari to Scheidler's appeal. NOW v. Scheidler heads to the Supreme Court for the third time, with briefing and oral arguments held over until the Fall 2005 term. Later, a date of Nov. 30 is set for hearing oral arguments.
November 30, 2005
The Supreme Court hears oral arguments in Scheidler v. NOW (or Scheidler III), with Alan Untereiner arguing for petitioners (Scheidler et al.), Duke law professor Erwin Chemerinsky arguing for respondents (NOW and the abortion clinics) and Solicitor General Lisa Blatt arguing on behalf of the U.S. government in support of Scheidler. Questions and comments from the Justices strongly suggested a pro-life victory when the court releases its decision in early 2006.
February 28, 2006
The Supreme Court issues a unanimous decision in favor of Scheidler et al., ruling that the Hobbes Act cannot be construed to provide a general remedy for violence or threats of violence that impact interstate trade; the Hobbes Act encompasses such acts only when in furtherance of robbery or extortion. (The Court had already decided in 2003 that Scheidler and the other pro-life defendants were not guilty of extortion.)
The 8-0 decision was written by pro-abortion judge Stephen G. Breyer. Justice Samuel Alito, who was not on the court at the time oral arguments were heard, did not participate in the decision.
June 8, 2006
One day short of the twentieth anniversary of the original 1986 filing of NOW v. Scheidler, the parties met for a hearing in Judge David Coar's federal district courtoom. Though Judge Coar said he was ready to sign the judgement that would formally end the case once and for all, NOW attorney Fay Clayton prevailed upon him to continue the case until June 22, saying that she had not had time to consult with her clients, the abortion clinics.
However, Judge Coar did sign a order releasing the Scheidler's home, and papers were filed later that afternoon transering their Chicago back into their own names.
May 1, 2007
Judge David Coar denied the Motion of Randall Terry to set aside his Settlement Agreement with NOW, based on the Supreme Court decision in NOW v. Scheidler.
May 8, 2007
Judge David Coar issues his Final Judgment in favor of the Scheidler petitioners, reversing his 1999 Judgment and vacating his nationwide Injunction.
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