This Case Summary is broken into three parts:
NOW v Scheidler Case Summary, Part 1
1986 Filing to 1994 Supreme Court Ruling
![[Gavel]](gavel.jpg)
June 1986
Complaint filed by the National Organization for Women and two abortion clinics in Federal Court in Delaware alleging violations of the Sherman-Clayton anti-trust laws, against Joseph Scheidler, Pro-Life Action League, John Ryan, Pro-life Direct Action League and Joan Andrews.
The case is later transferred to Chicago and Joan Andrews is dropped from the list of defendants. NOW alleges that the defendants interfered with interstate commerce in their attempts to shut down abortion clinics.
Attorneys for the plaintiffs are Morris Dees and the Southern Poverty Law Center. Attorneys for the defendants are Americans United for Life Legal Defense Fund. AUL soon arranges for anti-trust lawyer, Thomas Brejcha, to work with them on the case since they had no experience with anti-trust law.
The Southern Poverty Law Center conducts depositions of all the defendants and several other pro-life activists.
1988
The Southern Poverty Law Center pulls out of the case. NOW lawyer Patricia Ireland and Chicago NOW associate Fay Clayton took over for the plaintiffs.
At NOW's request, the court issues an order forcing the Pro-Life Action League to turn over all financial records, correspondence and thousands of pages of information from their files, as well as all video and audio tapes on file at their offices.
February 1989
RICO charges are added at the suggestion of Patricia Ireland (new president of NOW). The predicate charge under RICO is extortion.
Plaintiffs expand their scope to a class action suit, claiming to represent all women and all abortion providers. They add Andy Scholberg, Tim Murphy, Monica Migliorino Miller, Randy Terry, Operation Rescue and Conrad Wojnar, as well as Vital-Med pathology lab, to the list of defendants.
The pathology lab is included because pro-lifers had recovered the bodies of 5,000 aborted babies from the lab as a result of information from one of its employees. Burial services for the aborted babies were held in a number of cities in 1988, including a burial and memorial Mass presided over by Joseph Cardinal Bernardin in Chicago.
NOW lawyers also add a list of over a hundred alleged "co-conspirators." In addition they allude to conspiracy, arson and murder in their complaints, although they do not directly charge the defendants with these crimes.
[Back to Top]June 1991
Case is dismissed in Judge Holderman's Court in Chicago. NOW appeals to the 7th Circuit Appellate Court.
1992
Appellate Court uphold's Holderman's dismissal of the case.
November 1992
The day after Bill Clinton's election, NOW appeals to the U.S. Supreme Court for a determination of the use of the RICO statute against pro-life activists. The Justice Department files a brief supporting NOW's right to bring RICO charges.
December 8, 1993
Hearing before the U.S. Supreme court. Prof. Robert Blakey (Notre Dame Law School) author of the RICO law and consultant on the case for the defendants, argues the case, claiming that since there was no financial gain on the part of the defendants, the allegation of extortion could not be supported and RICO could not be invoked.
24 January 1994
Supreme Court rules 9-0 in favor of the plaintiffs, saying, in effect, that the RICO law itself was not clear on the issue of monetary gain and that the NOW could proceed with a lawsuit under the RICO statue.
[Go to Part 2] [Back to Top]![[Gavel]](gavel.gif)