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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: PROLIFE who wrote (363871)2/26/2003 2:26:21 PM
From: Lizzie Tudor  Read Replies (2) | Respond to of 769670
 
you for giving them choice too?? Or , since you are a capitalist, are you worried that the females being born will be too much future competition for you?

I usually ignore you especially on this issue- you have to wonder why a male would be so consumed with this issue anyway... but to answer your question I am not concerned with "competition" from 2 colliding cells or a 3 month old fetus with no brain. I have worked with staff members without brains before and its a slam dunk, I win everytime.



To: PROLIFE who wrote (363871)2/26/2003 2:55:07 PM
From: Thomas A Watson  Read Replies (1) | Respond to of 769670
 
Supreme Court Backs Abortion Protesters' Right to Free Speech

Thursday, Feb. 27, 2003

WASHINGTON - The Supreme Court ruled 8-1 Wednesday that
nationwide abortion protesters did not violate federal racketeering law.

The ruling is a major defeat for pro-abortion groups such as National
Organization for Women, and a major victory for the anti-abortion
movement and free speech.

It might force federal prosecutors to rethink their definition of "extortion."

Although other federal laws still protect abortuaries, abortion supporters
lost a principal weapon in their arsenal with the decision.

Writing for the large majority, Chief Justice William Rehnquist said the
court agreed to decide the case on two questions:

Whether protesters committed "extortion" within the meaning of the
federal Hobbs Act.

Whether NOW and abortion "clinics" could obtain an injunction against
the protesters under the civil provisions of the Racketeer Influenced and
Corrupt Organizations Act, better known as RICO.

Extortion is one of the crimes, or "predicate acts," required by RICO.

A jury had claimed that the protesters did commit extortion and therefore
were in violation of RICO. The Supreme Court reversed the verdict.

"We hold that [the protesters] did not commit extortion because they did
not 'obtain' property from [the abortuaries] as required by the Hobbs Act,"
Rehnquist said.

"We further hold that our [ruling on extortion] ... renders insufficient the
other bases or predicate acts of racketeering supporting the jury's
conclusion that petitioners violated RICO."

Rehnquist said there was no need to answer the question of whether a
private party can obtain an injunction under RICO, so that question was
left open.

Justice John Paul Stevens was the sole dissenter. He called the
majority's opinion "murky."

Stevens pointed to the loss of business by abortuaries shut down or
blocked by protesters.

"The term 'extortion' as defined in the Hobbs Act refers to 'the obtaining
of property from another,'" Stevens said. "... The court's murky opinion
seems to hold that this phrase covers nothing more than the acquisition
of tangible property. No other federal court has ever construed this
statute so narrowly."

Stevens said the "use of violence or threats of violence to persuade the
owner of a business to surrender control of such an intangible right is an
appropriation of control embraced by the word 'obtaining.'"

The "principal beneficiaries of the court's dramatic retreat from the
position that federal prosecutors and federal courts have maintained
throughout the history of this important statute," the justice claimed, "will
certainly be the class of professional criminals whose conduct persuaded
Congress that the public needed federal protection from extortion."

But Rehnquist wrote: "To conclude that such actions constituted extortion
would effectively discard the statutory requirement that property must be
obtained from another, replacing it instead with the notion that merely
interfering with or depriving someone of property is sufficient to constitute
extortion."

The case before the court began in 1986 when National Organization for
Women and abortuaries filed suit in Chicago against protesters, including
Operation Rescue, at the time one of the most active anti-abortion groups
in the nation.

In the suit, NOW alleged RICO violations by a loose association known
as Pro-Life Action Network, or PLAN.

NOW and the abortuaries charged that PLAN was an "enterprise" under
RICO and had committed acts of extortion.

A federal judge dismissed the claim, and a federal appeals court ruled
that RICO does not apply to enterprises that have no "economic
purpose." But in a landmark 1994 decision, the Supreme Court reversed
the appeals court and ruled that RICO did not have an economic
requirement.

That allowed NOW's suit to advance.

The case was heard at the trial-court level in 1998. The plaintiffs
produced evidence showing numerous incidents at abortuaries over 15
years.

A jury ruled for NOW and the abortuaries on the RICO claim. It said
PLAN committed 21 acts or threats under the federal Hobbs Act, and 25
violations of state extortion law, among others.

Censorship

Acting on RICO's provisions, the jury awarded the two abortuary plaintiffs
triple damages. A federal judge then issued a nationwide injunction
censoring PLAN protests at abortuaries. When a federal appeals court
upheld the judge, the abortion protesters asked the Supreme Court for
review.

The justices heard argument Dec. 4.

Wednesday's decision reverses the ruling of the lower court. (Nos.
01-1118, Scheilder vs. NOW; and 01-1119, Operation Rescue vs. NOW)

Mathew Staver, president and general counsel of Liberty Counsel stated:
"Today, the Supreme Court breathed new life into the pro-life movement. If
abortion advocates were able to hang the RICO ax over the neck of
pro-life demonstrators and sidewalk counselors, then all those who
peacefully stand up for the unborn would have faced the prospect of
bankruptcy for raising their voices in defense of life.

"RICO has been like a ghoul in the night used by abortion clinics to
frighten those who defend life. The Supreme Court's decision runs a stake
through the heart of RICO. Using the whip of the First Amendment, the
High Court has finally caged RICO. Free speech is alive and well in
America."
newsmax.com