Bray v. Alexandria Women's Health Clinic, 506 U.S. 263, 94 (1993)

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356

BRAY v. ALEXANDRIA WOMEN'S HEALTH CLINIC

O'Connor, J., dissenting

the state hindrance provision." Ante, at 339 (dissenting opinion). We have not previously had occasion to consider the scope of the statute's "prevention or hindrance" provision, but it is clear that the second clause does not require that actionable conspiracies be "aimed at interfering with rights" that are "protected against private, as well as official, encroachment." Carpenters, supra, at 833. Rather, it covers conspiracies aimed at obstructing local law enforcement. See Griffin, 403 U. S., at 98-99 (second clause of § 1985(3) prohibits "interference with state officials"); Great American Fed. Sav. & Loan Assn. v. Novotny, 442 U. S., at 384 (Stevens, J., concurring). Like Justice Stevens, I am satisfied by my review of the record that the District Court made findings that adequately support a conclusion that petitioners' activities are class based and intentionally designed to impede local law enforcement from securing "the equal protection of the laws" to the clinics and the women they serve. See 726 F. Supp., at 1489, and n. 4, and 1496.

III

In Griffin, this Court "resurrect[ed]" § 1985(3) "from its interment under Collins v. Hardyman, 341 U. S. 651 (1951)," to hold that the statute provided a federal remedy for those injured by purely private conspiracies. Novotny, supra, at 395, n. 19 (White, J., dissenting). That resurrection proved a false hope indeed. The statute was intended to provide a federal means of redress to the targets of private conspiracies seeking to accomplish their political and social goals through unlawful means. Today the Court takes yet another step in restricting the scope of the statute, to the point where it now cannot be applied to a modern-day paradigm of the situation the statute was meant to address. I respectfully dissent.

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