“We’re pleased that the court will hear a case that is critically important to the rights of pro-life groups and organizations to express their message,” said Jay Sekulow, Chief Counsel of the ACLJ. “The court has an opportunity to remove a cloud that has been hanging over those who wish to express their opposition to abortion in a peaceful and non-violent manner. It is clear that a federal statute designed for drug dealers and organized crime has been misapplied and used as a powerful weapon to silence the pro-life message. We are hopeful the court will overturn this disturbing decision that created a grave injustice by permitting the federal RICO statute to be misused to target the pro-life community.”

In the consolidation of the cases of Scheidler v. National Organization for Women and Operation Rescue v. National Organization for Women, et al., the court will examine the use of RICO against three pro-life individuals and two organizations.

The ACLJ represents Operation Rescue in the case and is asking the court to overturn a federal appeals court ruling in October 2001 that upheld a lower court judgment that determined that pro-life defendants were liable for “extortion” and “racketeering” under the federal RICO statute and awarded damages to abortion businesses, while upholding a nationwide injunction issued against the pro-life groups.

One key issue in the case is whether a non-violent pro-life sit-in at an abortion business qualifies as federal criminal “extortion.” A second issue of national significance is whether private parties – like NOW – can use RICO to sue for injunctions at all, or whether instead – as the pro-life defendants argue – the power to use RICO to obtain injunctions is reserved to the federal government.

The 15-year-old case culminated in October 2001 when a federal appeals court upheld a finding by a federal district court and jury that several pro-life groups engaged in a nationwide conspiracy to shut down the abortion industry and were punished with damages and an injunction under provisions of the federal RICO statute.

The Supreme Court is likely to hear the case next fall.

The American Center for Law and Justice is an international public interest law firm that specializes in constitutional law and the defense of life. The ACLJ is headquartered in Virginia Beach, VA and the web site is www.aclj.org.