RICO Not Applicable

Anne Gearan writing for the Associated Press on Supreme Court Rules Federal Racketeering, Extortion Laws Wrongly Used Against Abortion Protesters:

In a victory for abortion foes, the Supreme Court ruled Wednesday that federal racketeering and extortion laws were wrongly used to try to stop blockades, harassment and violent protests outside clinics.

The 8-1 ruling lifts a nationwide ban on protests that interfere with abortion clinic business. Abortion rights supporters said they fear the ruling will lead to a reprise of screaming matches and physical confrontations outside clinics.

The fact that RICO could similarly have been applied against any type of protest action should give pause to all civil libertarians.

However, use of force by protesters to block a person from entering a clinic is still illegal. Marching around, singing and carrying signs is not illegal. And, of course, blowing up a clinic, beating up the staff and murdering doctors should still be considered acts of terrorism among civilized circles, even if some of my colleagues on the right wish to look the other way when it happens. This ruling, however, will be seized upon by many on the left as the end of the world and treated as a de facto repeal of Roe v. Wade. It's not. Not even close. Applying RICO to protest actions, whether one agrees with the protestors or not, is simply a flagrant misuse of the statute. And a bad precedent, especially given the current jackboot occupying the office of Attorney General.

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