308
Stevens, J., dissenting
the controversy has a purely local character or the kind of federal dimension that gave rise to the legislation.
Based on detailed, undisputed findings of fact, the District Court concluded that the portion of § 2 of the Ku Klux Act now codified at 42 U. S. C. § 1985(3) provides a federal remedy for petitioners' violent concerted activities on the public streets and private property of law-abiding citizens. National Organization for Women v. Operation Rescue, 726 F. Supp. 1483 (ED Va. 1989). The Court of Appeals affirmed. National Organization for Women v. Operation Rescue, 914 F. 2d 582 (CA4 1990). The holdings of the courts below are supported by the text and the legislative history of the statute and are fully consistent with this Court's precedents. Admittedly, important questions concerning the meaning of § 1985(3) have been left open in our prior cases, including whether the statute covers gender-based discrimination and whether it provides a remedy for the kind of interference with a woman's right to travel to another State to obtain an abortion revealed by this record. Like the overwhelming majority of federal judges who have spoken to the issue,2 I am persuaded that traditional princi-2 See Volunteer Medical Clinic, Inc. v. Operation Rescue, 948 F. 2d 218 (CA6 1991); National Organization for Women v. Operation Rescue, 914 F. 2d 582 (CA4 1990) (case below); New York State National Organization for Women v. Terry, 886 F. 2d 1339 (CA2 1989), cert. denied, 495 U. S. 947 (1990); Women's Health Care Services v. Operation Rescue-National, 773 F. Supp. 258 (Kan. 1991); Planned Parenthood Assn. of San Mateo Cty. v. Holy Angels Catholic Church, 765 F. Supp. 617 (ND Cal. 1991); National Organization for Women v. Operation Rescue, 747 F. Supp. 760 (DC 1990); Southwestern Medical Clinics of Nevada, Inc. v. Operation Rescue, 744 F. Supp. 230 (Nev. 1989); National Organization for Women v. Operation Rescue, 726 F. Supp. 1483 (ED Va. 1989) (case below); Portland Feminist Women's Health Center v. Advocates for Life, Inc., 712 F. Supp. 165 (Ore. 1988); Roe v. Operation Rescue, 710 F. Supp. 577 (ED Pa. 1989); and New York State National Organization for Women v. Terry, 697 F. Supp. 1324 (SDNY 1988); but see Lucero v. Operation Rescue of Birmingham, 954 F. 2d 624 (CA11 1992); National Abortion Federation v. Operation Rescue, 721
Page: Index Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 NextLast modified: October 4, 2007