Portland Feminist Women's Health Center v. Advocates for Life, Inc.

This case involves an attempt by an abortion clinic to identify and to use a legal remedy to prevent anti-abortion activists from disrupting the performance of the clinic’s services to women. The plaintiff, Portland Feminist Women’s Health Center (“PFWHC”), sued right-to-life activists under, inter alia, 42 U.S.C. §§ 1985 (3) and 1986 on behalf of a class of women who sought to exercise their right to have an abortion. PFWHC claimed the defendants violated two of PFWHC’s patients’ constitutional rights: 1) the right to interstate travel; and, 2) the right to exercise their choice to have an abortion. The case was tried to a jury which returned a verdict against defendants Advocates for Life (“AFL”), Andrew Burnett, and Priscilla Martin. These defendants appealed.

*282 After oral argument, we deferred submission of this case pending the Supreme Court’s decision in Bray v. Alexandria Women’s Health Clinic, — U.S. -, 113 S.Ct. 753 , 122 L.Ed.2d 34 (1993). After the Supreme Court decided Bray , we ordered the parties to brief the issues in light of Bray . Then, after due consideration of Bray , we issued an opinion oh September 20, 1993. Based on Bray , we reversed the district…