Pro-Lifers Win Final Victory After 28-Year-Long Case Closes

Pro-Lifers Win Final Victory After 28-Year-Long Case Closes

by Ken Klukowski 1 May 2014, 9:11 AM PDT

http://cdn.breitbart.com/Big-Government/2014/05/01/Pro-Lifers-Win-Final-Victory-after-28-Year-Case-Might-Set-National-Record

Everyone who practices abortion law in federal court knows about NOW v. Scheidler, the organized crime conspiracy case litigated by the Thomas More Society that has pitted pro-abortion and anti-abortion activists against each other since 1986. Now it’s finally over. The pro-life forces won.

“This suit began 28 years ago and has been to the Supreme Court three times. All defendants who stuck it out to the end (some settled) prevailed across the board,” Judge Frank Easterbrook began his opinion, writing for a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

In 1986, the National Organization for Women (NOW) -- a feminist group that is militant about pushing abortion rights -- sued an anti-abortion coalition called the Pro-Life Action Network (PLAN) under the Racketeer Influenced and Corrupt Organizations (RICO) Act. In laymen’s terms, NOW accused pro-lifers of being legally the same as an organized crime syndicate. They also brought counts under anti-trust law.

This case was litigated by the Thomas More Society, a pro-life public-interest law firm with a Roman Catholic religious orientation. The case that gave birth to the Chicago-based organization.

The U.S. District Court for the Northern District of Illinois dismissed the case in 1991. The Chicago-based Seventh Circuit then affirmed that dismissal on appeal, holding that RICO only applies for profit-making enterprises. The U.S. Supreme Court reversed in a unanimous decision in 1994, holding that RICO can apply to nonprofit organizations, so the suit could proceed.

The case was reassigned to a new district judge, David Coar, who was appointed by Bill Clinton, and finally went to trial in 1998. Judge Coar ruled in favor of NOW in 1999, awarding $257,000 plus attorneys’ fees.

The Seventh Circuit affirmed this judgment in 2001, but the Supreme Court reversed again, this time ruling in favor of Thomas More and Scheidler/PLAN. But looking at the case for the third time, the Seventh Circuit decided that the Supreme Court had overlooked one part of the RICO verdict, and tried to send the case back to Coar in the district court.

Thomas More instead asked the Supreme Court to take the case a third time, which it did. The justices ruled unanimously in 2006 that the lower court needed to finally dismiss the entire case on the merits.

This judgment of dismissal was final in 2007. After that, Thomas More filed a bill for court costs. Then nothing happened for years.

Much of this case’s long and exhausting history is due to the inexcusable delay of Judge David Coar of the U.S. District Court for the Northern District of Illinois. He failed to do his job for three years after a bill for court costs was submitted to him, then retired before ruling on it.

So the matter was assigned to another judge, who issued a ruling two years later (which is also an unjustified delay, even for such a long and complex record). Then this new judge, Charles Norgle, issued a judgment for $63,000, which amounts to a measly $2,300 per year. 

So this last round was argued before the Seventh Circuit for a fourth time on April 18, 2014. The court issued its decision just eleven days later, which is a lightning-fast speed typically reserved for dire emergencies.

In this final round, NOW objected to Thomas More lawyers filing sworn affidavits regarding their time sheets and documents for the case, arguing this was not enough to be awarded attorneys’ fees. Easterbrook’s reaction was, “Why not? No statute or rule requires more.” He noted that NOW argues that Thomas More lawyers must go through every document from 1986 through 2007 to show why it was necessary for the litigation. “That would be preposterous,” Easterbrook decided.

Then NOW argued that because Thomas More waited three years to avoid pestering the court, those lawyers had somehow forfeited their rights. It’s true the anti-abortion lawyers could have done something to nudge the district court, but they were not required to do so. Not only that, but the pro-abortion lawyers could have pressed the liberal Coar to issue a ruling if they thought they could win with him. “Nagging judges to act on motions under advisement is not essential to preserving one’s rights,” Easterbrook commented.

This case may set a record. It took 28 years, was heard by the Supreme Court three times (the Court only takes 1 percent of the cases offered to it -- ever), and involved four decisions from the court of appeals. As Easterbrook concluded his opinion, “This litigation has lasted far too long. At last it is over.”

U.S. Court of Appeals for the Seventh Circuit

Ann Claire Williams is a judge for the U.S. Court of Appeals for the 7th Circuit, and a trustee at the Carnegie Corporation of New York.

Note: Newton N. Minow is an honorary trustee at the Carnegie Corporation of New York, a senior counsel at Sidley Austin LLP, and a member of the Commercial Club of Chicago.

Michelle Obama was a lawyer at Sidley Austin LLP.

Newton N. Minow is a senior counsel at Sidley Austin LLP, and a member of the Commercial Club of Chicago.

R. Eden Martin is the president of the Commercial Club of Chicago, and counsel at Sidley Austin LLP

Gary Scott Feinerman was a partner at Sidley Austin LLP, and is a judge for the U.S. District Court - Northern District of Illinois.

Barack Obama was an intern at Sidley Austin LLP, and an attorney for ACORN vs. Illinois State Board of Elections.

Association of Community Organizations for Reform Now (ACORN) was the plaintiff in ACORN vs. Illinois State Board of Elections.

Sidley Austin LLP was the legal adviser for the Association of Community Organizations for Reform Now (ACORN).

David F. Hamilton was a canvasser for the Association of Community Organizations for Reform Now (ACORN), is a judge for the U.S. Court of Appeals for the 7th Circuit, and Lee H. Hamilton’s nephew.

Lee H. Hamilton is David F. Hamilton’s uncle, an honorary trustee at the Brookings Institution (think tank), and was a co-chair for the Iraq Study Group.

Vernon E. Jordan Jr. was a member of the Iraq Study Group, is an honorary trustee at the Brookings Institution (think tank), Valerie B. Jarrett’s great uncle, a director at the American Friends of Bilderberg (think tank), and a 2008 Bilderberg conference participant (think tank).

Foundation to Promote Open Society was a funder for the Brookings Institution (think tank).

George Soros was the chairman for the Foundation to Promote Open Society.

Cyrus F. Freidheim Jr. is an honorary trustee at the Brookings Institution (think tank), and a member of the Commercial Club of Chicago.

Valerie B. Jarrett is Vernon E. Jordan Jr’s great niece, the senior adviser for the Barack Obama administration, and a member of the Commercial Club of Chicago.

Rahm I. Emanuel is a member of the Commercial Club of Chicago, the Chicago (IL) mayor, Ari Emanuel’s brother, and was the White House chief of staff for the Barack Obama administration.

Ari Emanuel is Rahm I. Emanuel’s brother, and the co-CEO & director for William Morris Endeavor Entertainment.

Barbra Streisand is a William Morris Endeavor Entertainment client, and the founder of the Barbra Streisand Foundation.

Barbra Streisand Foundation was a funder for the Planned Parenthood Federation of America.

Open Society Foundations was a funder for the Planned Parenthood Federation of America, the Center for American Progress, and Demos.

George Soros is the founder & chairman for the Open Society Foundations, was the chairman for the Foundation to Promote Open Society, a contributor for MoveOn.org, and a supporter for the Center for American Progress.

Foundation to Promote Open Society was a funder for People for the American Way, the Center for American Progress, and Demos.

Margery Tabankin is a director at People for the American Way, and the treasurer for the Barbra Streisand Foundation.

Julian Bond is a director at People for the American Way, and a co-founder for the Southern Poverty Law Center.

James Rucker is a director at the Southern Poverty Law Center, a co-founder for ColorOfChange.org, was a director at Green for All, and a director of grassroots mobilization for MoveOn.org.

Van Jones was a co-founder for ColorOfChange.org, a senior fellow at the Center for American Progress, is the founder of Green for All, and a trustee at Demos.

Marsha Levick is a director at the Southern Poverty Law Center, and was the executive director, legal defense fund for the National Organization for Women (NOW).