Scheidler To Make Historic Trip to the Supreme Court

Supreme Court Building

As the last action of its 2004 term, the U.S. Supreme Court granted Certiorari for the third time June 28 in NOW v. Scheidler, the federal lawsuit brought by the National Organization for Women under the Racketeer Influenced and Corrupt Organizations Act (RICO). “Back to the Supreme Court for a third time!” declared League National Director Joe Scheidler. “That in itself must be some sort of precedent.”

The second round for the case ended in an 8-1 victory for Scheidler and the Pro-Life Action League, as well as pro-life activists throughout the country. That ruling, issued February 26, 2003, contained clear and decisive language reversing the lower court’s rulings that imposed a nationwide injunction and a judgment of $257,780 on the pro-life defendants.

“I thought that was the end of it,” said Scheidler. “But NOW and its lawyers have a full bag of tricks—and friends in the Seventh Circuit.”

The Seventh Circuit Court of Appeals accepted NOW attorney Fay Clayton’s theory that the Supreme Court may have overlooked four “predicate acts” and that the District Court should settle the matter of whether the pro-life defendants are still guilty of RICO violations and whether the nationwide injunction is still enforceable.

Briefing and oral arguments will be held on November 30. Interestingly, Fay Clayton will not be representing NOW during the oral arguments.

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