{
  "id": "RS21345",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RS21345",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 102980,
      "date": "2003-03-24",
      "retrieved": "2016-04-08T14:49:55.596544",
      "title": "RICO and Abortion Clinic Protests in the Supreme Court: Scheidler v. NOW",
      "summary": "The Supreme Court has ruled that the National Organization for Women (NOW) and two\nabortion\nclinics may not sue anti-abortion protesters under the federal Racketeer Influence and Corrupt\nOrganizations (RICO) provisions based solely upon allegations that the protesters' efforts to shut\ndown the clinics constituted extortion,  Scheidler v. NOW , 123 S.Ct. 1057 (2003). The\nmajority\nopinion by Chief Justice Rehnquist, joined by seven other justices noted that RICO requires the\ncommission of a pattern of racketeering activity. Racketeering activity is defined to include\nextortion under the Hobbs Act, the Travel Act or state law. Yet extortion requires the acquisition\nof property from the victim by threat or force. In the eyes of the Court the protesters obtained no\nproperty. Consequently no crime of extortion occurred. Without extortion, no RICO violation\noccurred. Because the Court found there had been no RICO violation, it became unnecessary to\ndecide whether NOW would have been entitled to injunctive relief had there been a RICO violation.\n  Justices Ginsburg, in a concurrence joined by Justice Breyer, pointed out that the principal\nconsequence of the decision is its interpretation of what constitutes extortion for purposes of the\nHobbs Act and RICO. After the events that gave rise to the case, Congress outlawed the misconduct\nat issue in the Free Access to Clinic Entrances Act (FACE) and provided for both criminal penalties\nand civil remedies. Justice Stevens, in dissent, objected to the difficulties of applying the majority's\nopinion to cases involving extorted intangible property.\n  Related CRS Reports include  CRS Report 96-950(pdf) ,  RICO: A Brief Sketch ; and  CRS Report RS21214(pdf) ,  RICO: Legislative Activity in the 107th Congress.",
      "type": "CRS Report",
      "typeId": "REPORTS",
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      "topics": []
    }
  ],
  "topics": [
    "American Law"
  ]
}