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Scheidler v. NOW, Inc. (docket#: 01-1118) (2003)

Argument Date 12/04/2002
Decided Feb. 26, 2003
Issue(1) Did the 7th Circuit correctly hold, in acknowledged conflict with the 9th Circuit, that injunctive relief is available in a private civil action for treble damages brought under the Racketeer Influenced and Corrupt Organizations Act (RICO)? (2) Does the Hobbs Act, which makes it crime to obstruct, delay, or affect interstate commerce "by robbery or extortion," and which defines "extortion" as "the obtaining of property from another, with [the owner's] consent," when such consent is "induced by the wrongful use of actual or threatened force, violence, or fear," 18 U.S.C. §1951(b)(2), criminalize activities of political protesters who engage in sit-ins and demonstrations that obstruct public's access to a business's premises and interfere with the freedom of putative customers to obtain services offered there?
Majority Opinion per Rehnquist
Concurring Opinion Ginsburg
Dissenting Opinion Stevens
Certiorari Granted 04/22/2002
Lower Court 7th Circuit
Lower Court Ruling In NOW v. Scheidler (2001), the U.S. Court of Appeals for the Seventh Circuit , in an opinion by Judge Diane P. Wood , denied the free expression claim on statutory (RICO) grounds.
Oral Arguments Transcript
audio (Oyez)  [Oyez]
For Petitioner
Fay Clayton for NOW

For Respondent
Alan Untereiner for Scheidler


Theodore Olson, for Solicitor General
News Stories & Commentary
Medill School of Journalism (cert. grant)

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Supreme Court Opinion
National Organization for Women v. Scheidler (1994)

Panel - Lower Court
Circuit Judge Diane P. Wood joined by Circuit Judges Ilana Rovner and Walter Evans
Tony Mauro Analysis
Abortion foes hail high court ruling on clinic demonstrations

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Opinion - Lower Court
Organization for Women v. Scheidler (Oct. 12, 2001)

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