The Volokh Conspiracy
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"Florida Woman Convicted of Civil Rights Conspiracy Targeting Pregnancy Resource Centers"
From a Justice Department statement, released Dec. 10 but just posted on Westlaw:
Gabriella Oropesa, of Cooper City, Florida, was convicted yesterday for her role in a conspiracy to injure, oppress, threaten or intimidate employees of pro-life pregnancy help centers in the free exercise of the right to provide and seek to provide reproductive health services. The defendant and her co-conspirators selected reproductive health facilities that provided and counseled alternatives to abortion and vandalized those facilities with threatening messages. Caleb Freestone, Amber Stewart-Smith and Annarella Rivera previously pleaded guilty for their participation in the conspiracy.
According to court documents and evidence presented at trial, between May 2022 and July 2022, Oropesa, Freestone, Smith-Stewart and Rivera engaged in a series of targeted attacks on pro-life pregnancy help centers in Florida. The defendants, in the dark of night and while wearing masks and dark clothing to obscure their identities, spray painted the facilities with threatening messages, including "If abortions aren't safe than niether [sic] are you," "YOUR TIME IS UP!!," "WE'RE COMING for U" and "We are everywhere."
"The Freedom of Access to Clinic Entrances Act is clear: no one should have to face threats and intimidation just for doing their job," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. "The Justice Department will continue to ensure access to the full spectrum of reproductive health services afforded to the public, whether those services include abortion or counseling on alternatives to abortion." …
Various documents in the case are available here. Courtney Derry represents the government.
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Original DOJ press release: https://www.justice.gov/opa/pr/florida-woman-convicted-civil-rights-conspiracy-targeting-pregnancy-resource-centers
Good work from the FBI Tampa Field Office with assistance from the Polk County Sheriff’s Office and Winter Haven, Hialeah and Hollywood Police Departments.
Agree....sentence max is 10 years. That would be a lot for spray painting ugly things on a wall. What's appropriate?
DOJ has brought 25 cases involving a total of 57 anti-abortion defendants accused of criminal FACE Act-related violations with the longest sentence imposed so far is 57 months for Lauren Handy, 31, of Alexandria, Va., convicted in 2023 of a blockade at Washington Surgi-Clinic in 2020, with others being sentenced:
- 16 months in prison and three years of supervised release
- Eight months in prison
- Three years of probation (see link for more details)
I'd expect something similar, maybe slightly less since there wasn't direct, face-to-face confrontations in this particular case.
https://catholicreview.org/pro-life-activists-given-prison-sentences-for-tennessee-abortion-clinic-blockade/
"That would be a lot for spray painting ugly things on a wall."
They did more than that. That would be an urban graffiti artist. These people intend to intimidate and threaten these clinics.
Where are you getting that from?
The defendants, in the dark of night and while wearing masks and dark clothing to obscure their identities, spray painted the facilities with threatening messages, including "If abortions aren't safe than niether [sic] are you," "YOUR TIME IS UP!!," "WE'RE COMING for U" and "We are everywhere."
Did you read that?
In the “dark of night”? And “wearing masks and dark clothing to obscure their identities”? If only they had spray painted BLM messages, or been hanging around DNC HQ in DC in the wee hours of Jan 6 placing some sort of device, then the DOJ would have just said “Meh.”
I did in fact read that. That sounds an awful lot like "spray painting ugly things on a wall," and not much like "more than that."
No, it doesn't. You are being deliberately obtuse. There is a difference between spray painting an ugly picture and spray painting threatening messages.
Huh? Did you think the word "ugly" in Commenter_XY's use of the phrsae "ugly things" referred to aesthetic value rather than "nasty"? Threatening messages are ugly.
BL, totally agree about intent. They did intimidate and threaten.
The actions, spray-painting ugly things on a wall, expressed that intent. I would think 10 years for spray-painting ugly things on a wall is a bit much.
What's appropriate here, vis a vis punishment?
Either I, or somebody else with big feet, should get to rochambeau them once.
That would dispense justice AND ensure that recidivism from these cretins was zero.
One woman hauled away by the police and in jail -- that's not an imminent threat (any more) -- she's in jail.
Unknown persons making a threat is more imminent because you neither know who they are nor that they aren't standing right there.
Psychologically, the latter is a greater threat to the average person.
Now if you know that cowards who do that in the middle of the night aren't going to have the courage to show their faces in the light of day, not so much. And I know that because of my education and training -- but none of the victims whom I have explained it to really believed me...
Nonviolent obstruction of access to reproductive health services is a misdemeanor under the FACE Act. According to the prosecution, conspiracy to do so is a felony. It's treated as a conspiracy to violate civil rights, with FACE defining the protected right. The defendant moved to dismiss the conspiracy charge on the grounds that you can't elevate a misdemeanor to a felony that way. I think she will lose that argument on appeal.
But what is the authority for this? If it were a constitutional right, then the usual 14th Amendment enforcement authority would apply. But it isn’t. Florida can ban it entirely if it wants to. Is an in-state abortion interstate commerce?
I don’t think it is. But if it is, then the federal government can ban abortion directly just as easily as it can protect it.
In-state prostitution has never been thought to be interstate commerce. I don’t see abortion as any different.
The law punishes conspiracy to violate constitutional or statutory rights. What counts as a statutory right is sometimes unclear.
I'd argue that it is quite clear here -- IF the State of Florida, in its infinite wisdom, chooses to permit abortion mills to exist, then it is a protectable right for people to use them.
Only federal statutory rights: "any right or privilege secured to him by the Constitution or laws of the United States". 18 USC 241
Sorry I omitted the link at first; just added it. Thanks for pointing this out.
I can see an abortion advocate helping baby killers but not attacking pro-life, something intrinsically immoral. Does this woman say she helps ;women who don't want to kill their baby. Bet not.
And there we go , the modern Newsom,Kamala,Hillary, Biden syndrome. Always ask yourself ":Are my HATES stronger than my LOVES" if so, you are on the psycho path
The argument -- which I don't agree with -- is that the baby is not a human being, and hence an abortion is like getting a tattoo, something which the woman has the individual right to do.
See, I can argue the other side's opinion -- and how many of them can do likewise? My guess is none...
Pull the other one, Kristen Clarke. No rational person believes you apply the law equally.
"No rational person believes you did the thing you just did."
25 does not equal 1
These numbers are kind of the product of what anctually happened. Are there a lot of similar cases that haven’t been prosecuted?
25 x 0 does equal 1 X 0
Now that Dobbs has reversed Roe, what is the constitutional authority for federal law here?
Much of this comes out of Brookline, which would be part of Boston if it wasn't in a different county. Back in the 1990s, Brookline had *three* abortion clinics, all on Beacon Street, in what was then called "abortion row" or "abortion mile."
The problem is that, unless there is traffic, it is 22 miles to Rhode Island and 25 to New Hampshire -- on I-93, an 8 lane highway. Connecticut and Vermont are only slightly further away. In 1994, an individual bought guns in New Hampshire, shot up two of the Brookline clinics, and then went down to Virginia where he fired another dozen rounds at a clinic down there the next day, finally being arrested.
The argument is that Federal enforcement is necessary because of the interstate nature of the protests. I would argue that the exact same thing is true of the BLM and ANTIFA.
Brookline is about 30 miles from four different states (NH, VT, RI, & CT)
"Now that Dobbs has reversed Roe, what is the constitutional authority for federal law here?:
Trick question, there was no constitutional authority before Dobbs.
You don't think abortion facilities operate in interstate commerce?
Compare 18 U.S.C. § 1531, which prohibits certain abortions performed in or affecting interstate or foreign commerce.
Huh? Why would the reversal of Roe affect the application of the law to clinics that don't perform abortions in the first place?
Commerce Clause, like anything else.
"According to court documents and evidence presented at trial, between May 2022 and July 2022, Oropesa, Freestone, Smith-Stewart and Rivera engaged in a series of targeted attacks on pro-life pregnancy help centers in Florida."
The Department of Justice had to step in because Florida authorities are so passionately pro-abortion that they wouldn't have investigated these crimes without federal prompting. /sarc
If you hear "so-and-so attacked sombody" and you don't find that wrong until you know whether somebody was pro-life, your soul has died and you didn't notice it.