June 28, 2005

(Washington, DC) - The American Center for Law and Justice (ACLJ), focusing on constitutional law, said today it is pleased that the Supreme Court of the United States has agreed to take a case involving the use of the Racketeer Influenced and Corrupt Organizations (RICO) statute against pro-life demonstrators – a case that the Supreme Court tackled two years ago and at that time determined RICO could not be used against demonstrators.   The case was kept alive after the 2003 decision by the National Organization for Women (NOW).  The ACLJ represents Operation Rescue (OR) in the case and is hopeful the high court will settle this issue once and for all.

“We’re pleased that the Supreme Court has agreed to take this case and has a critically important opportunity to remove a dark cloud that has been hanging over the pro-life movement for nearly 20 years,” said Jay Sekulow, Chief Counsel of the ACLJ, who served as Counsel of Record for Operation Rescue in the 2003 case and represents OR in this case.  “The high court acted correctly two years ago in determining that RICO could not be used against the pro-life demonstrators in this case.  By taking this case now, we are hopeful the high court will move to vindicate these pro-life demonstrators once and for all.  It is an important case that puts the issue of abortion front and center at a time when the make-up of the court could very well change before this case is argued next term.”

The Supreme Court ended the RICO case in 2003 when by a vote of 8-to-1 the high court ruled that merely obstructing the operations of a business, without obtaining any money or other property, was not “extortion.”  The high court concluded that “all of the predicate acts [under RICO] must be reversed,” that “the judgment that [defendants] violated RICO must also be reversed,” and that “the injunction . . . must necessarily be vacated.”  When the case returned to the 7th Circuit, ACLJ attorneys asked that the case be sent back to the district court with instructions to enter judgment in favor of the defendants.  NOW, however, argued that despite the Supreme Court ruling, the RICO case was still alive and the injunction should remain in effect.  The appeals court agreed with that argument and the ACLJ filed a petition asking the high court to take the case.

The case has attracted the notable support of amici curiae (friends of the court) across the political spectrum.

The attorneys general of eight states – Alabama, Delaware, Kansas, Michigan, Ohio, South Dakota, Texas, and Utah – have filed a brief urging the Supreme Court to take the case.  And, a coalition of activists and labor unions – including actor Martin Sheen, Father Daniel Berrigan, Sister Helen Prejean, Citizens United for Alternatives to the Death Penalty, People for the Ethical Treatment of Animals, the Teamsters, and the International Brotherhood of Electrical Workers – filed an amicus brief decrying the lower court ruling as a threat to social protest across the board.

The Supreme Court today granted review in the ACLJ case, Operation Rescue v. NOW, and a companion case, Scheidler v. NOW.  Both cases have been consolidated and will be heard together next term.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.