Madsen v. Women's Health Center, Inc., 512 U.S. 753, 66 (1994)

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818

MADSEN v. WOMEN'S HEALTH CENTER, INC.

Appendix to opinion of Scalia, J.

for reasons, you know, he believed that you were in concert with those that had been enjoined and the Injunctive Order is expanded to include those so that you were subject then to the Injunction."

JOHN DOE NO. 16: "When you issued the Injunctive Court Order did you include what someone might believe about abortion or about their right to assemble there, or let's just say about abortion as a basis for arrest?"

THE COURT: "I considered all of the evidence before me."

JOHN DOE NO. 16: "And would one of those things be, would one of the reasons that I was arrested be because I opposed abortion in that clinic?"

THE COURT: "No."

JOHN DOE NO. 16: "Okay. If I was to stand here, if I was to testify that I did not oppose abortion would that make any difference in my arrest?"

THE COURT: "You can't be unarrested. You have been arrested."

JOHN DOE NO. 16: "What about being charged with violating the Court Order?"

THE COURT: "It will be up to the prosecutor, the State Attorney, to make a charge decision. And sometimes lawyers in representing clients will go to a prosecutor in advance of his charge decision and ask that he, you know, consider additional matters that might cause him to not make such a charge decision. Those are matters lawyers best know how to do."

JOHN DOE NO. 16: "When you issued the Injunction did you determine that it would only apply to—that it would apply only to people that were demonstrating that were pro-life?"

THE COURT: "In effect, yes."

JOHN DOE NO. 16: "Okay, thank you." THE COURT: "Any other questions?" JOHN DOE NO. 16: "No."

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