WASHINGTON - November 30 - Today the U.S. Supreme Court will hear arguments in the first
abortion rights cases since Chief Justice John Roberts took the
helm. Two cases — Scheidler v. National Organization for
Women and Operation Rescue v. National Organization for
Women — could have a lasting impact on women's ability to
access a full range of reproductive health services. The third, Ayotte v. Planned Parenthood of Northern New England, could
permit more barriers to abortion services, without making an
exception for women’s health.
"Women's access to abortion and other reproductive health care is
at great risk," said NOW President Kim Gandy. "Time and again, our
fate is put in the hands of nine justices. With the decisions on
these critical cases, the power and consequence of who sits on the
Supreme Court will be demonstrated mightily."
After nearly 20 years of litigation and two trips to the Supreme
Court to protect patients and clinics from organized violence, NOW
is returning for the third time. At question in Scheidler v.
NOW and Operation Rescue v. NOW is whether the
nationwide anti-racketeering injunction will remain in place. Issued
in 1999, this injunction has contributed to the dramatic reduction
in the incidences of violence at clinics.
"Without this injunction, the legal right to abortion could
become meaningless in some parts of the country," said Gandy. "If
women are too terrified to walk into clinics and healthcare
providers are too terrified to keep their doors open, then we will
have already lost the fight for reproductive freedom. Roe v. Wade
won't mean much if the clinics have been forced to close one by
one."
In the1980s, groups like the Pro-Life Action Network and its
offshoot, Operation Rescue, engaged in a massive, coordinated
campaign to end abortion by closing women's health clinics through
the use of fear, force and violence. NOW pursued this suit under the
Racketeer-Influenced and Corrupt Organizations (RICO) Act in order
to reach the groups' kingpins who organized and incited the acts of
terror. Joseph Scheidler, Randall Terry and other leaders of the
self-described "pro-life mafia" had vowed to stop abortion "by any
means necessary," and the ensuing attacks included arson, bombings,
violent blockades, death threats and even murder. Charges by the
defendants that the injunction limits their First Amendment right to
free speech were specifically rejected by the Supreme Court.
"Of course Scheidler and Operation Rescue want to have the
injunction lifted," Gandy said. "They are not happy simply yelling
at women and girls, taking their photographs, copying their license
plate numbers, harassing the clinic's employees and vendors, and
using other non-violent tactics. They want to return to the days of
using physical assault to terrorize patients and doctors, in order
to shut down the clinics permanently.”
"This injunction has increased women's safety and helped protect
the clinics," said Gandy. "The Supreme Court should recognize these
concerted crimes for what they are — an organized campaign to put an
end to women's constitutional right to
abortion."
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