For the first time in history, a federal court found anti-abortion extremists liable for engaging in a nationwide conspiracy to close abortion clinics, in violation of the Racketeering Influenced and Corrupt Organizations act (RICO). After a seven-week trial in May, a jury of four women and two men decided in NOW et. al. v. Scheidler et. al. that Operation Rescue, the Pro-Life Action League of Chicago, and Joseph Scheidler, Timothy Murphy, and Andrew Scholberg, had engaged in a pattern of racketeering activity designed to close abortion clinics nationwide.

On the heels of this landmark verdict in NOW v. Scheidler, anti-abortion members of Congress are seeking to weaken the law that led to the conspiracy verdict.

"Pro-choice groups have argued for years that anti-abortion extremists do not work alone, and that anti-abortion violent incidents are not isolated, chance occurrences," said Eleanor Smeal, President of the Feminist Majority Foundation. "Because of this landmark decision in NOW v. Scheidler, we finally have legal evidence that anti-abortion leaders have orchestrated nationwide blockades, violence, and threats in a conspiracy to close down clinics. We hope this decision will embolden federal law enforcement to take a criminal RICO case to shut down this anti-abortion reign of terror once and for all."

As a result of this historic ruling, anti-abortion members of Congress are seeking to weaken RICO so it cannot be used to address clinic violence. Both Susan Hill, President of the National Women's Health Organization, the parent organization for the clinic in the case, and Attorney Fay Clayton, Esq., who was the chief counsel for NOW in the case, told the U.S. House Judiciary Committee's subcommittee on crime that RICO is an essential tool in fighting clinic violence and urged the panel to reject any attempts to weaken the law.

"After having heard all of the evidence, the jury agreed with us that Americans should be free to go to work without fear, to access health care without violence, and to operate businesses free from attacks. The Court said no citizen, regardless of their motivation, is entitled to extort, threaten, or deprive others of constitutionally protected rights," said Hill. "We believe that our victory under RICO will help deter anti-abortion extremists who terrorize providers, clinics, and their patients. By weakening RICO in any way, Congress would be creating a class of criminals who are above the law and effectively sanctioning a new wave of anti-abortion domestic terrorism."

Emily Lyons, the nurse who was recently injured at the bombing of a Birmingham abortion clinic, also testified at the hearing. "When you look at me," she said at the House hearing, appearing before the panel with multiple bruises, skin grafting scars, and signs of facial reconstruction, "what you see is the direct result of a conspiracy to do harm against me." At the hearing, Charles Schumer (D-NY) said, "If there was ever an instance RICO should apply to, this is the one."

The case began twelve years ago when a National Organization for Women chapter president was injured when extremists invaded a Pensacola, Florida clinic. Smeal, then President of NOW, initiated the civil suit together with two abortion clinics under RICO, arguing that anti-abortion groups were conspiring across state lines to close legitimate businesses. The case was thrown out by a federal district judge and an appeals court, who said RICO could not be used in this case. However, in 1994 the U.S. Supreme Court unanimously ruled that RICO could be used. And in 1995, pro-choice supporters won another victory when a Chicago judge, David Coar, ruled that the case was a class-action suit on behalf of all abortion clinics, and all women whose rights to the services of those clinics have been or will be interfered with by the defendants' illegal actions.

"This case was filed twelve years ago because we feared that the violence at the clinics would soon lead to murder," said Hill. "Since that time, six providers have been murdered at clinics including one of our physicians, David Gunn. We believe this victory will be a deterrent to all anti-abortion extremists."

The jury ordered the defendants to pay $86,000 to the two plaintiff clinics, which will be tripled under RICO. Because the case is a class-action suit, the over 900 abortion clinics in the U.S. can now file claims to win damages for the additional security expenses incurred because of the defendants' activities over the past twelve years.

"We intend to urge federal law enforcement to use criminal RICO and go after each and every one of the anti-abortion extremists who engage in violence and illegal activity to attain their goal of denying women their constitutional right to abortion," said Smeal.

Note: The Feminist Majority Foundation has been supportive of this case for many years, providing relevant documents and assistance to the plaintiffs wherever possible. Staff from our National Clinic Access Project assisted attorneys in Chicago for the duration of the trial.