National Organization for Women (NOW) v. Scheidler
Case Date: 12/08/1993
Docket No: none
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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. QuestionDoes 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 OrganizationsThe 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. |