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National Organization for Women v. Scheidler

National Organization for Women v. Scheidler, 510 U.S. 249 (1994), is a United States Supreme Court case in which the Court ruled that the Racketeer Influenced and Corrupt Organizations Act (RICO) could apply to enterprises without economic motives; anti-abortion protesters could thus be prosecuted under it. An organization without an economic motive can still affect interstate or foreign commerce and thus satisfy the Act's definition of a racketeering enterprise.

National Organization for Women v. Scheidler
Argued December 8, 1993
Decided January 24, 1994
Full case nameNational Organization for Women, Inc., et al. v. Joseph Scheidler, et al.
Citations510 U.S. 249 (more)
114 S. Ct. 798, 127 L. Ed. 2d 99, 1994 U.S. LEXIS 1143
Case history
PriorComplaint dismissed, 765 F. Supp. 937 (N.D. Ill. 1991); affirmed, 968 F.2d 612 (7th Cir. 1992); rehearing denied, 7th Cir., Aug. 4, 1992; cert. granted, 508 U.S. 971 (1994).
SubsequentRehearing denied, 510 U.S. 1215 (1994); remanded, 25 F.3d 1053 (7th Cir. 1994); complaint stricken in part, dismissed as to certain defendants; 897 F.Supp. 1047 (N.D. Ill. 1995); summary judgment granted in part to defendants, N.D. Ill. Sept. 23, 1997; permanent injunction granted to plaintiffs, N.D. Ill. July 19, 1999; affirmed, 267 F.3d 687 (7th Cir. 2001); rehearing denied, 7th Cir., Oct. 29, 2001; cert. granted, 535 U.S. 1016 (2002); reversed and remanded, Scheidler v. National Organization for Women, 537 U.S. 393 (2003); remanded, 91 F. App'x 510 (7th Cir. 2004); rehearing denied, 396 F.3d 807 (7th Cir. 2005); cert. granted, 545 U.S. 1151 (2005); reversed, Scheidler v. National Organization for Women, 547 U.S. 9 (2006).
Holding
The Racketeer Influenced and Corrupt Organizations Act applies to enterprises without economic motives, including anti-abortion protesters. Seventh Circuit reversed.
Court membership
Chief Justice
William Rehnquist
Associate Justices
Harry Blackmun · John P. Stevens
Sandra Day O'Connor · Antonin Scalia
Anthony Kennedy · David Souter
Clarence Thomas · Ruth Bader Ginsburg
Case opinions
MajorityRehnquist, joined by unanimous
ConcurrenceSouter, joined by Kennedy
Laws applied
18 U.S.C. § 1961–1968 Racketeer Influenced and Corrupt Organizations Act (RICO)

The Court did not issue judgment on whether or not the Pro-Life Action Network, the organization in question, had committed actions that could be prosecuted under RICO.

G. Robert Blakey argued on behalf of Joseph Scheidler, while Miguel Estrada represented the United States as amicus curiae in favor of reversal.

See also edit

Further reading edit

Joseph Scheidler#NOW v. Scheidler discusses the wider course of the litigation, before and after the 1994 Supreme Court decision.

External links edit

  • Text of National Organization for Women v. Scheidler, 510 U.S. 249 (1994) is available from: CourtListener  Findlaw  Justia  Library of Congress  Oyez (oral argument audio) 


national, organization, women, scheidler, confused, with, 2003, 2006, cases, both, named, scheidler, national, organization, women, disambiguation, 1994, united, states, supreme, court, case, which, court, ruled, that, racketeer, influenced, corrupt, organizat. Not to be confused with the 2003 and 2006 cases both named Scheidler v National Organization for Women disambiguation National Organization for Women v Scheidler 510 U S 249 1994 is a United States Supreme Court case in which the Court ruled that the Racketeer Influenced and Corrupt Organizations Act RICO could apply to enterprises without economic motives anti abortion protesters could thus be prosecuted under it An organization without an economic motive can still affect interstate or foreign commerce and thus satisfy the Act s definition of a racketeering enterprise National Organization for Women v ScheidlerSupreme Court of the United StatesArgued December 8 1993Decided January 24 1994Full case nameNational Organization for Women Inc et al v Joseph Scheidler et al Citations510 U S 249 more 114 S Ct 798 127 L Ed 2d 99 1994 U S LEXIS 1143Case historyPriorComplaint dismissed 765 F Supp 937 N D Ill 1991 affirmed 968 F 2d 612 7th Cir 1992 rehearing denied 7th Cir Aug 4 1992 cert granted 508 U S 971 1994 SubsequentRehearing denied 510 U S 1215 1994 remanded 25 F 3d 1053 7th Cir 1994 complaint stricken in part dismissed as to certain defendants 897 F Supp 1047 N D Ill 1995 summary judgment granted in part to defendants N D Ill Sept 23 1997 permanent injunction granted to plaintiffs N D Ill July 19 1999 affirmed 267 F 3d 687 7th Cir 2001 rehearing denied 7th Cir Oct 29 2001 cert granted 535 U S 1016 2002 reversed and remanded Scheidler v National Organization for Women 537 U S 393 2003 remanded 91 F App x 510 7th Cir 2004 rehearing denied 396 F 3d 807 7th Cir 2005 cert granted 545 U S 1151 2005 reversed Scheidler v National Organization for Women 547 U S 9 2006 HoldingThe Racketeer Influenced and Corrupt Organizations Act applies to enterprises without economic motives including anti abortion protesters Seventh Circuit reversed Court membershipChief Justice William Rehnquist Associate Justices Harry Blackmun John P StevensSandra Day O Connor Antonin ScaliaAnthony Kennedy David SouterClarence Thomas Ruth Bader GinsburgCase opinionsMajorityRehnquist joined by unanimousConcurrenceSouter joined by KennedyLaws applied18 U S C 1961 1968 Racketeer Influenced and Corrupt Organizations Act RICO The Court did not issue judgment on whether or not the Pro Life Action Network the organization in question had committed actions that could be prosecuted under RICO G Robert Blakey argued on behalf of Joseph Scheidler while Miguel Estrada represented the United States as amicus curiae in favor of reversal See also editList of class action lawsuitsFurther reading editJoseph Scheidler NOW v Scheidler discusses the wider course of the litigation before and after the 1994 Supreme Court decision External links editText of National Organization for Women v Scheidler 510 U S 249 1994 is available from CourtListener Findlaw Justia Library of Congress Oyez oral argument audio nbsp This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title National Organization for Women v Scheidler amp oldid 1175147524, wikipedia, wiki, book, books, library,

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