Currently injunctions restricting the use of force by abortion protesters are given out locally, but NOW lawyers are hoping to use RICO on the back of a successful verdict in NOW v Scheidler to push for a national injunction. In this landmark case, Operation Rescue, Scheidler and his colleagues were found liable for violating the Federal Racketeer Influenced and Corrupt Organizations (RICO) law by attempting to shut down two abortion clinics through physical violence, threats and other means.
Operation Rescue, a defendant for a second time, is arguing that a national injunction is unnecessary, since violent abortion protests have gone down significantly after the passage of the Freedom of Access to Clinic Entrances Act. Clinic owners and others are testifying that the violence and the threats continue and that local injunctions are not preventing the use of force.
