I wasn't even a priest yet when the "NOW vs. Scheidler" case began in
June of 1986. During the 17 years since then, the National Organization for
Women (NOW) has attempted to penalize Joseph Scheidler, Director of the Pro-life
Action League, and others who work in union with him.
For doing what, you ask? That question is the heart of the case.
Joe Scheidler and company have labored ceaselessly to save children from
abortion and to help their parents find the resources to care for their
children. They have gone to the very places where those children were scheduled
to be killed, and have peacefully intervened for their lives. They have provided
the final refuge for those lives, the final intervention for the
parents who were not moved by all the political, legislative, religious,
multimedia and educational work of the pro-life movement. Armed with nothing but
the rosary, the pro-life activists endured heat, cold, ridicule and rejection in
order to be there for those in need, and to stand in solidarity
with the poorest of the poor. And many lives were in fact saved.
But in the eyes of the National Organization for Women, the pro-life
activists engaged in "violence" and "harassment." In fact, NOW tried to
use the RICO (Racketeer Influenced and Corrupt Organizations) statutes
against the pro-lifers. RICO laws were crafted to stop organized crime and drug
trafficking, not the peaceful, non-violent intervention of those who are trying
to save lives.
After 17 years of litigation, the Supreme Court gave the final word on
February 26, 2003, deciding by an 8 to 1 majority that RICO cannot be used
against the pro-life activists, even if their activities deprived the abortion
mills of business. This is a victory for common sense and, in its implications,
a victory for the pro-life movement and for the unborn.
There is still an unresolved issue, of course, that goes beyond the technical
boundaries of the case. The fact is that abortion is not a legitimate
business in the first place. While the Justices wrestled with the notion of
"property," and whether it could be said that pro-life activism deprived the
abortion mills of their property, nobody addressed the fact that the abortion
mills deprive God of His property! The pro-abortion forces complained that
Joe Scheidler trespassed into the "clinics." But the crime of trespassing
into the sacred space of the womb, and violating it with bloodshed, was never
raised.
Yes, this decision is a victory. But it is only a first step. The reputations
of these pro-life activists must be fully restored. They never committed any
violence. Moreover, the path they have forged must be followed by the rest
of us. Presence at the abortion mills, sidewalk counseling, street preaching,
and good old-fashioned American picketing are honorable activities, are
integral to our movement, and deserve to be promoted by pro-life groups and by
the Church at every level. Thank God for those who do these things; I am honored
to be among them.
