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Are Anti-Abortion Protesters Subject to the Hobbs Act? Scheidler v. NOW No. 01-1118 The federalization of local crime is an old story with many variations, but this case presents an interesting twist: can federal laws such as RICO and the Hobbs Act be used against pro-life activists who interfere with abortion access? In Schiedler, the Court, in an opinion written by the Chief, says no: this sort of reasoning obliterates the distinction between coercion and extortion. "The crime of coercion, which more accurately describes the nature of petitioners’ actions, involves the use of force or threat of force to restrict another’s freedom of action," he explains. Pro-life protesters do not acquire property from their protests, and this lack of tangible benefit distinguishes coercion from extortion. If this has a familiar ring, it should. The Court heard a similar case, in 1994, and ruled that RICO can be used to prosecute those, like pro-life activists, who have no economic motivation (NOW v. Scheidler). This time around, the Justices ruled that the Hobbs Act can not be be applied to political protests unless Congress changes its language. (A second question before the Court--does RICO allows private plaintiffs to seek injunctive relief--was not considered.)
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