Thursday, March 02, 2006

RICO doesn't cover protests

Monday we learned about the Supreme Court's decision against the National Organization of Women's use of RICO against Operation Rescue and Joseph Scheidler. Essentially the Court said that NOW and other pro-abortionists should use the Freedom of Access to Clinic Entrance laws and forget "RICO."

I've never been convinced that Operation Rescue is a violent or threatening organization. For one thing, somehow O.R. helped convince both Bernard N. Nathanson, MD and the original "Roe," Norma Jean McCorvey to question abortion and to answer G_d.

Besides, I know that when I've participated in public demonstrations, it's never a group of opponents speaking for their organization that make me afraid. It's always some man who is by himself. The organizations are organized and, for the most part, try to police themselves so the group won't get bad publicity.

I'm waiting for FACE to be knocked down the first time a Nurse's group pickets for higher wages and benefits outside a clinic or a hospital. But then, their opponents wouldn't be NOW and nurses unions are more popular than abortion protesters, so they probably wouldn't even be charged under this law.

A side note:
Back in the '90's, the Clinton administration made it a practice to use RICO against doctors. The assets of those charged were confiscated using this law - before trial. See this 1994 note from the Association of American Physicians and Surgeons:

``One tape-recorded, undercover visit can make an entire case....Closely supervise each undercover visit...to maximize inculpatory conversations...You want to prove a pattern so that you can use RICO forfeiture to financially dismantle the fraud'' (Medicare Compliance Alert, 3/28/94).

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