Bray v. Alexandria Women's Health Clinic

Bray v. Alexandria Women's Health Clinic, 506 U.S. 263 (1993), was a United States Supreme Court case in which the court held that 42 U.S.C. 1985(3)[1] does not provide a federal cause of action against persons obstructing access to abortion clinics.[2] Several abortion clinics (most known was the Alexandria Health Clinic) sued to prevent Jayne Bray and other anti-abortion protesters from voicing their freedom of speech in front of the clinics in Washington D.C.[3]

Bray v. Alexandria Women's Health Clinic
Argued October 16, 1991
Reargued October 6, 1992
Decided January 13, 1993
Full case nameJayne Bray, et al., Petitioners v. Alexandria Women's Health Clinic, et al.
Citations506 U.S. 263 (more)
113 S. Ct. 753; 122 L. Ed. 2d 34; 1993 U.S. LEXIS 833; 61 U.S.L.W. 4080; 93 Cal. Daily Op. Service 258; 93 Daily Journal DAR 583
Case history
PriorNational Organization for Women v. Operation Rescue, 726 F. Supp. 1483 (E.D. Va. 1989), affirmed, 914 F.2d 582 (4th Cir. 1990); cert. granted, 498 U.S. 1119 (1991).
Holding
The first clause of 1985(3) does not provide a federal cause of action against persons obstructing access to abortion clinics.
Court membership
Chief Justice
William Rehnquist
Associate Justices
Byron White · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Case opinions
MajorityScalia, joined by Rehnquist, White, Kennedy, Thomas
ConcurrenceKennedy
Concur/dissentSouter
DissentStevens, joined by Blackmun
DissentO'Connor, joined by Blackmun
Laws applied
42 U.S.C. § 1985(3)

Alexandria Women's Health Clinic claimed that the protesters violated 42 U.S.C. 1985(3), which prohibits two or more people on a highway or another's premises from depriving “any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws.”[4]

District Court Ruling

Alexandria Health Clinic argued that the protesters were present to deny women their right to abortion and their right to interstate travel.

The District Court ruled in favor of the Alexandria Women's Health Clinic because they said protesters had sought out to reject women's right to abortion.[5] After revisiting the case, the Supreme Court came to a unanimous decision, stating that Bray and others blocked access to the clinics, therefore depriving women seeking abortions the right to interstate travel. The District Court also ruled on state law trespassing and public nuisance claims, ordering the offenders to stop trespassing on or obstructing access to clinics. Finally, the District Court ordered the protesters to pay the clinics’ attorney's fees and costs on the 1985(3) claim.[6]

Supreme Court Ruling

The Supreme Court reviewed the case and ruled in favor of Bray and others. Their argument was that they had not violated any of section 1985(3) by obstructing access to abortion clinics. They wrote that “there must be a class-based, invidiously discriminatory animus [underlying] the conspirators’ action” for them to violate that law. The clinics, and amici including the National Organization for Women, claimed that protesters created discriminatory animus toward women,[7] but the Court viewed the situation as them protecting victims of abortion. Since abortion protests can't reasonably be viewed as gender-based discrimination, there was no argument in the Supreme Court's eyes. Supreme Court Justice Scalia pointed out that interstate travel hadn't been violated because the protests were carried out within the District of Columbia and were not directed toward interstate travelers.[8]

References
  1. 42 U.S.C. § 1985(3).
  2. Bray v. Alexandria Women's Health Clinic, 506 U.S. 263 (1993).
  3. Colman McCarthy. "Scalia Outreasons Stevens in Bray Case: METRO Edition." Star Tribune: 14.A. 1993. Print.
  4. United States. Congress. Senate. Committee on Labor and Human Resources. The Freedom of Access to Clinic Entrances Act of 1993 : Hearing before the Committee on Labor and Human Resources, United States Senate, One Hundred Third Congress, First Session, on S. 636 ... may 12, 1993. United States:, 1993. Print.
  5. National Organization for Women v. Operation Rescue, 726 F. Supp. 1483 (E.D. Va. 1989).
  6. llen Uzelac. "Md. Couple in Supreme Court Clinic-Blocking Case to Go on Fighting Abortion: FINAL Edition." The Sun: 3.A. 1991. Print.
  7. McClain, Linda C. (1994). "Equality, Oppression, and Abortion: Women Who Oppose Abortion Rights in the Name of Feminism". In Ostrov Weisser, Susan; Fleischner, Jennifer (eds.). Feminist Nightmares: Women at Odds. New York University. p. 161. ISBN 0814726194.
  8. Colman McCarthy. "Scalia Outreasons Stevens in Bray Case: METRO Edition." Star Tribune: 14.A. 1993. Print.
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