Roe v. Operation Rescue

In 1988, 11 individuals and entities that supported abortion rights, including the National Abortion Rights Action League of Pennsylvania (collectively, NARAL) (plaintiffs) sued Operation Rescue and Randall Terry (defendants) to prevent Operation Rescue and Terry from staging “massive demonstrations and blockades” at abortion facilities in the Philadelphia area. In 1989, the district court issued a permanent injunction stopping Operation Rescue and Terry from trespassing on, blocking, or obstructing abortion facilities in Philadelphia. In the summer of 1993, Operation Rescue and/or its affiliate Operation Rescue National, Terry, and other parties organized, publicized, and raised money for anti-abortion protests in seven cities, including Philadelphia. In particular, evidence established that on July 9, 1993, over 100 anti-abortion protesters effectively blocked the doors to abortion provider Reproductive Health and Counseling Center (RHCC) in Philadelphia; Joseph Roach and Robert Lewis were on the scene at RHCC directing protesters; Roach and Lewis each served as a “marshal” for the event and they were local leaders of Operation Rescue; Roach and Lewis had actual knowledge of the court’s injunction; neither Roach nor Lewis was seen physically blocking any door; and on the evening of July 9, Terry was a featured speaker at a rally in the Philadelphia area that had been intended to draw people to Operation Rescue’s events that day. NARAL filed a motion in district court for a finding that Terry, Roach, and Lewis were in civil contempt. The court denied the motion, finding no violation of the injunction. NARAL appealed.