National Organization for Women v. Scheidler

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. Scheidler
Supreme Court of the United States
Argued December 8, 1993 Decided January 24, 1994
Full case name	National Organization for Women, Inc., et al. v. Joseph Scheidler, et al.
Citations	510 U.S. 249 (more) 114 S. Ct. 798, 127 L. Ed. 2d 99, 1994 U.S. LEXIS 1143
Case history
Prior	Complaint 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).
Subsequent	Rehearing 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
Majority	Rehnquist, joined by unanimous
Concurrence	Souter, 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

• List of class-action lawsuits

Further reading

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

External links

• 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)