Sean Martin
March 1st, 2006, 01:00 PM
Supreme Court rules against abortion clinics
Washington - A 20-year-old legal fight over protests outside abortion clinics ended Tuesday with the Supreme Court ruling that federal extortion and racketeering laws cannot be used against demonstrators.
The 8-0 decision was a setback for abortion clinics that were buoyed when the 7th U.S. Circuit Court of Appeals kept their case alive two years ago despite the high court's 2003 ruling that had cleared the way for lifting a nationwide injunction on anti-abortion leader Joseph Scheidler and others.
Anti-abortion groups appealed to the justices after the lower court sought to determine whether the injunction could be supported by findings that protesters had made threats of violence.
In Tuesday's ruling, Justice Stephen Breyer said Congress did not create "a freestanding physical violence offense" in the federal extortion law known as the Hobbs Act.
Instead, Breyer wrote, Congress addressed violence outside abortion clinics in 1994 by passing the Freedom of Access to Clinic Entrances Act, which allows for court injunctions to set limits for such protests.
http://www.denverpost.com/ci_3556570?source=rss
Washington - A 20-year-old legal fight over protests outside abortion clinics ended Tuesday with the Supreme Court ruling that federal extortion and racketeering laws cannot be used against demonstrators.
The 8-0 decision was a setback for abortion clinics that were buoyed when the 7th U.S. Circuit Court of Appeals kept their case alive two years ago despite the high court's 2003 ruling that had cleared the way for lifting a nationwide injunction on anti-abortion leader Joseph Scheidler and others.
Anti-abortion groups appealed to the justices after the lower court sought to determine whether the injunction could be supported by findings that protesters had made threats of violence.
In Tuesday's ruling, Justice Stephen Breyer said Congress did not create "a freestanding physical violence offense" in the federal extortion law known as the Hobbs Act.
Instead, Breyer wrote, Congress addressed violence outside abortion clinics in 1994 by passing the Freedom of Access to Clinic Entrances Act, which allows for court injunctions to set limits for such protests.
http://www.denverpost.com/ci_3556570?source=rss