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That's not my read of that case & I don't think it applies here regardless. as per above, Uber is a company, so it can't engage in civil disobedience--thus ther
by gotothedoctor 9y ago
That's not my read of that case & I don't think it applies here regardless. as per above, Uber is a company, so it can't engage in civil disobedience--thus there need be no concern that RICO "could be interpreted as a weapon against civil disobedience."
Basically, in 2003, a very different SCOTUS said sorry Planned Parenthood, but, actually Operation Rescue, as awful & harassing as they are, are not committing EXTORTION, so no RICO for you & overturned their damages award.
Here's the part of the article I'd guess you are referring to:
"The decision, Scheidler v. National Organization for Women, No. 01-1118, did not appear to reflect any particular attitude on the court toward abortion, but rather a concern over the implications of invoking the federal racketeering law as a weapon against political protests. In a concurring opinion, Justice Ruth Bader Ginsburg said the court was ''rightly reluctant, as I see it, to extend RICO's domain further.'' She noted that in the argument in the case, Solicitor General Theodore B. Olson, who supported the clinics in their interpretation of extortion, acknowledged that the definition might have applied to the sit-ins of the civil rights movement."
Ginsburg's concern was, if SCOTUS accepted that definition of extortion, others could use RICO to prosecute citizens for civil disobedience. Conseqently, she ruled against Planned Parenthood.
- hn_throwaway_99 9y agoI'm not arguing that it applies in this case, I'm just responding to parent's statement that "To my understanding as a lay person, the law does not distinguish between a crime committed as civil disobedience and the same crime otherwise." I'm saying that many penalties take motive into consideration, and SC expressed concern about expanding motive in RICO cases in a way that could be applied to civil disobedience.
- gotothedoctor 9y agoOK. I replied the parent comment to explain that issue above. Regardless, SCOTUS did not, as you claim, "express concern about expanding motive in RICO cases". On a very different court, RBG wrote a concurrence, explaining that she voted against Planned Parenthood because she was concerned with the precedent of charging Operation Rescue with extortion, under RICO. Motive is not the issue (nor was it relevant in that case)--RICO...& charging the defendants with extortion, as a basis for RICO prosecution is.