Blackmun sidebar

During the Monica Lewinsky scandal, President Clinton struggled with the meaning of the word is. Now it seems a three-judge panel of the 7th Circuit Court of Appeals is struggling with the meanings of all and must.

The U.S. Supreme Court used those words emphatically last year when it handed down a ringing reversal of a federal racketeering judgment against pro-life activists in National Organization for Women (NOW) vs. Joseph Scheidler. The feminist group had charged that a series of abortion protests organized by Pro-Life Action League head Joseph Scheidler, activist Timothy Murphy, and other abortion protesters constituted racketeering and extortion under RICO, the Racketeering Influenced and Corrupt Organizations Act.

In 1998, a jury found the defendants guilty, and liable for an estimated $1.2 million in damages and legal fees. In addition, District Judge David Coar imposed a nationwide injunction that has since chilled peaceful protest outside abortion clinics.