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Nikolas T. Nikas, general counsel for Americans United for Life, decried what he calls a reinterpretation of rico. "Under the lower courts' interpretation, civil rights protesters who staged sit-ins at lunch counters in the South during the 1960s would be guilty of extortion because they may have cost the proprietor business."

NOW President Kim Gandy said her goal is to end violence. "Protestors have continued their picketing, shouting, so-called sidewalk counseling, and even abusive name-calling," Gandy said, "but without the violence."

NOW's Terry O'Neill told CT that the "Chicago jury discovered 121 incidences of threats or acts of violence by a network of extremists who perpetuate domestic terrorism at abortion clinics." But she admitted that NOW does not have a list of the 121 incidents. In December, NOW attorney Clayton listed 17 incidents for the Supreme Court. NOW's website lists five specific examples of violence. One occurred in Pensacola, Florida, where a clinic worker was injured and the clinic was "trashed."

Scheidler told CT that he abhors violence and that NOW's list is false testimony. Kenneth Connor, president of the Family Research Council, said violence against abortion seekers, providers, or clinics is illegal and there's no need to use rico to prosecute. He told CT that NOW v. Scheidler has "had a chilling effect on prolife groups, and [on] individuals' willingness to protest.

"Organizations say: Do I want to run the risk of being legally wrong and pay that kind of price?"

Copyright © 2003 Christianity Today. Click for reprint information.

For more information on the involved groups and the case see the websites for Pro-Life Action League and the National Organization for Women. The Pro-Life Action League has an update page on the case.

Christianity Today covered the landmark 1998 decision in "Pro-Lifers Hit with Treble Damages." More abortion stories can be found at our life ethics archive.

Legal decisions and documents related to NOW v. Scheidler are available at FindLaw.com.

Related recent articles include:

Joe versus a legal volcano—Rod Dreher, National Review Online (Dec. 4, 2002)

Court to review abortion protests—The Washington Times (Dec. 1, 2002)

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February 2003, Vol. 47, No. 2