National Organization for Women (NOW) v. Scheidler

Case Date: 12/08/1993
Docket No: none

Facts of the Case 

The National Organization for Women (NOW) sued a coalition of anti-abortion groups called the Pro-Life Action Network (PLAN) under the Racketeer Influenced and Corrupt Organizations (RICO) Act. N.O.W. alleged that Scheidler and other anti-abortion protesters were members in a nationwide conspiracy to obstruct women's access to abortion clinics through a pattern of racketeering activity including the actual or implied threat of violence. The District Court dismissed the suit, holding that the voluntary contributions are not proceeds of racketeering and that a "racketeering enterprise" must have an economic motive, a fact that NOW could not demonstrate. The Court of Appeals affirmed and the Supreme Court granted certiorari.

Question 

Does RICO require that an organization, to be defined as a racketeering enterprise, must be acting in pursuit of an economic motive?

Argument National Organization for Women (NOW) v. Scheidler - Oral ArgumentFull Transcript Text  Download MP3National Organization for Women (NOW) v. Scheidler - Opinion AnnouncementFull Transcript Text  Download MP3 Conclusion  Decision: 9 votes for National Organization for Women (NOW), 0 vote(s) against Legal provision: Racketeer Influenced and Corrupt Organizations

The unanimous Court held that organizations without an economic motive can detrimentally "affect interstate or foreign commerce," satisfying the RICO definition of a racketeering enterprise. An "enterprise" does not have to be an economic organization or a principally criminal organization to trigger the RICO act. Consequently, the Court reversed the appeals court decision which allowed the original case to proceed.