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About NOW v. Scheidler

The U. S. Supreme Court has agreed to review NOW v. Scheidler, the federal RICO national class action brought by the National Organization for Women and two abortion clinics against Joseph M. Scheidler, Tim Murphy and Andrew Scholberg, the Pro-Life Action League, and Operation Rescue. The Court will consider (i) whether injunctive relief - which may include remedies such as dissolution or dismemberment of enterprises - may be available in "racketeering" lawsuits brought by private parties as well as by the federal government, and (ii) whether acts of civil disobedience by political protesters, such as sit-ins or blockades, constitute the federal felony crime of "extortion," so that a "pattern" of such crimes may be held "racketeering."

In separate orders, the Court also permitted the filing of amicus curiae briefs by a host of political protest groups, protesters, coalitions, and academics. A selection of these briefs will be available below.

The Thomas More Society, together with Robbins, Russell, Englert, Orseck & Untereiner in Washington, DC, has filed a brief with the Supreme Court outlining our arguments on behalf of Scheidler, Scholberg, Murphy and the Pro-Life Action League. A PDF of that brief is also available below.

The attorneys for NOW will have until mid-September to file their response to our brief, after which we will have approximately two weeks to file a short reply. An hour will be set aside for oral argument before the nine justices, and will take place late this year or early next. An opinion should be issued before July, 2003.

Note: The following briefs are in .pdf format and require Adobe's free Acrobat Reader (Files are LARGE; be patient during download)

Oral Arguments on the NOW vs Scheidler Case, Heard Before The United States Supreme Court - Dec 4, 2002 (5921 kb)

In the Supreme Court of the United States. On Writs of Certiorari to the United States Court of Appeals for the Seventh Circuit.

In the Supreme Court of the United States, Petition for a Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit.