Bray v. Alexandria Women's Health Clinic, 506 U.S. 263, 84 (1993)

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346

BRAY v. ALEXANDRIA WOMEN'S HEALTH CLINIC

O'Connor, J., dissenting

their supporters, Carpenters v. Scott, 463 U. S. 825, 836 (1983), the language of the Act, like that of many Reconstruction statutes, is more expansive than the historical circumstances that inspired it. The civil-remedy component of § 2, codified at 42 U. S. C. § 1985(3), speaks in general terms, and provides a federal cause of action to any person injured or deprived of a legal right by

"two or more persons in any State or Territory [who] conspire or go in disguise on the highway or on the premises of another, [first] for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or [second] for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws . . . ."

The Court's approach to Reconstruction Era civil rights statutes has been to "accord [them] a sweep as broad as [their] language." United States v. Price, 383 U. S. 787, 801 (1966); accord, Griffin v. Breckenridge, 403 U. S. 88, 97 (1971); Jones v. Alfred H. Mayer Co., 392 U. S. 409, 437 (1968). Today, the Court does just the opposite, precluding application of the statute to a situation that its language clearly covers. There is no dispute that petitioners have "conspired" through their concerted and unlawful activities. The record shows that petitioners' "purpose" is "directly" to "depriv[e]" women of their ability to obtain the clinics' services, see National Organization for Women v. Operation Rescue, 726 F. Supp. 1483, 1488 (ED Va. 1989), as well as "indirectly" to infringe on their constitutional privilege to travel interstate in seeking those services, id., at 1489. The record also shows that petitioners accomplish their goals by purposefully "preventing or hindering" local law enforcement authorities from maintaining open access to the clinics.

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