NOW claimed that PLAN's actions constituted extortion because they were attempting to shut down abortion clinics, depriving the staff and the patients of their rights.

[2] As the abortion debate grew increasingly contentious, extreme anti-abortion activists began using violence to disrupt women’s health clinics across the country.

In 1991, a trial judge dismissed the suit stating that because no economic gains were realized by Joseph Scheidler or PLAN, extortion did not apply.

[5] On April 20, 1998 Scheidler, PLAN et al. were declared racketeers under RICO by a jury and triple damages were awarded to NOW as a result of this ruling.

"RICO, which empowers both prosecutors and private enforcers, imposes severe criminal penalties and hefty civil liability on those engaged in conduct within the Act's compass.

The Court is rightly reluctant, as I see it, to extend RICO's domain further by endorsing the expansive definition of "extortion" adopted by the Seventh Circuit.

"For decades federal judges have uniformly given the term "property" an expansive construction that encompasses the intangible right to exercise exclusive control over the lawful use of business assets.