Saturday, December 10, 2005
Joe Scheidler and the Pro-Life Action League are confident of a final victory in the NOW v. Scheidler case, following oral arguments in the Supreme Court. Scheidler v. NOW was the first case heard on Wednesday, November 30, when oral arguments were also heard in the New Hampshire parental notification case, Planned Parenthood v. Ayotte.
In 2003, the Supreme Court reversed the 1999 district court judgement against Scheidler, with William Rehnquist writing for the eight-judge majority, "Because all of the predicate acts supporting the jury's finding of a RICO violation must be reversed, the judgment that petitioners violated RICO must also be reversed." He concluded, "Without an underlying RICO violation, the injunction issued by the District Court must necessarily be vacated."
Nevertheless, the Seventh Circuit Court of Appeals in Chicago at the behest of NOW's attorneys, ruled that the Supreme Court may have overlooked four "predicate acts" and remanded the case to the district court. Rather than start all over with a possible new trial, Scheidler appealed once again to the Supreme Court.
Alan Untereiner, on behalf of Scheidler, asked the Court to reaffirm its Reversal with very explicit instructions.
Via Pro-life Action League.