Bray v. Alexandria Women's Health Clinic, 506 U.S. 263, 86 (1993)

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348

BRAY v. ALEXANDRIA WOMEN'S HEALTH CLINIC

O'Connor, J., dissenting

Griffin's narrowing construction of § 1985(3) was a rational effort to honor the language of the statute without providing a federal cause of action for "all tortious, conspiratorial interferences with the rights of others." Id., at 101. The "class-based animus" requirement avoids the constitutional difficulties of federalizing every crime or tort committed by two or more persons, while giving effect to the enacting Congress' condemnation of private action against individuals on account of their group affiliation. Perhaps the clearest expression of this intent is found in the statement of Senator Edmunds, who managed the bill on the floor of the Senate, when he explained to his colleagues that Congress did not "undertake in this bill to interfere with what might be called a private conspiracy growing out of a neighborhood feud . . . [but, if] it should appear that this conspiracy was formed against this man because he was a Democrat, if you please, or because he was a Catholic, or because he was a Methodist, or because he was a Vermonter, . . . then this section could reach it." Cong. Globe, 42d Cong., 1st Sess., at 567. Indeed, Senator Edmunds' comment on the scope of § 2 of the Act is illustrative of a more general concern in the 42d Congress for extending federal protection to diverse classes nationwide. See, e. g., id., at App. 153-154 (Rep. Garfield) (legislation protects "particular classes of citizens" and "certain classes of individuals"); id., at App. 267 (Rep. Barry) ("white or black, native or adopted citizens"); id., at App. 376 (Rep. Lowe) ("all classes in all States; to persons of every complexion and of whatever politics"); id., at App. 190 (Rep. Buckley) ("yes, even women").

Griffin's requirement of class-based animus is a reasonable shorthand description of the type of actions the 42d Congress was attempting to address. Beginning with Carpenters v. Scott, 463 U. S. 825 (1983), however, that shorthand description began to take on a life of its own. In that case, a majority of the Court held that conspiracies motivated by bias toward others on account of their economic views or activities

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