RICO Act -- 2003



Scheidler v. NOW, Inc.   (U.S. Supreme Court)

Injunctive relief in RICO cases

The Supreme Court decided 2/26/03 that injunctive relief is not available against anti-abortion protesters for "extortion" in a private suit under the Racketeer Influenced and Corrupt Organizations Act (RICO). The 8-to-1 ruling held that blocking an abortion clinic was not extortion under the Hobbs Act because the protesters did not obtain any property. Interfering with the use of the property, and even shutting down the facility, does not constitute extortion, and the property owners could not bring an action under RICO.

The Court did not reach a second issue in the case -- whether a private plaintiff may obtain an injunction under Sec. 1964(c) of RICO.