bray alexandria clinic argued october decided january respondents abortion clinics supporting organizations sued enjoin petitioners association individuals organize coordinate antiabortion demonstrations conducting demonstrations clinics washington metropolitan area district held conspiring deprive women seeking abortions right interstate travel petitioners violated first clause prohibits conspiracies deprive person class persons equal protection laws equal privileges immunities laws ruled respondents pendent state law claims trespass public nuisance relief three claims enjoined petitioners trespassing obstructing access specified clinics pursuant ordered petitioners pay respondents attorney fees costs claim appeals affirmed held first clause provide federal cause action persons obstructing access abortion clinics pp respondents shown opposition abortion qualifies alongside race discrimination otherwise invidiously discriminatory animus underlying conspirators action required griffin breckenridge order prove private conspiracy violation first clause respondents claim petitioners opposition abortion reflects animus women general must rejected animus requirement demands least purpose focuses upon women reason sex whereas record indicates petitioners demonstrations directed specifically women intended protect victims abortion stop practice reverse legalization opposition abortion reasonably presumed reflect intent common respectable reasons opposing abortion derogatory view women class prior decisions indicate disfavoring abortion although women engage activity ipso facto invidious discrimination women class pp respondents also shown petitioners aimed interfering rights protected private well official encroachment second prerequisite proving private conspiracy violation first clause carpenters scott although right interstate travel constitutionally protected private interference least contexts carpenters makes clear private conspiracy must aimed right ibid established although respondents showed substantial numbers women travel interstate reach clinics question irrelevant petitioners opposition whether travel preceded intended abortions moreover far appears record petitioners proposed demonstrations erect actual barriers movement intrastate zobel williams respondents conceded intrastate restriction applied discriminatorily interstate travelers right interstate travel therefore implicated ibid respondents claim based right abortion right protected state interference therefore object purely private conspiracy see carpenters supra pp dissenters err considering whether respondents established violation second hindrance clause covers conspiracies purpose preventing hindering state giving securing persons equal protection laws hindrance clause claim stated complaint considered either lower courts contained questions presented certiorari suggested either party question argument decision readily determinable respondents established hindrance clause violation language first clause source griffin animus requirement also appears hindrance clause second respondents hindrance claim fail unless hindrance clause applies private conspiracies aimed rights constitutionally protected official encroachment cf carpenters finally district find petitioners purpose prevent hinder law enforcement pp award attorney fees costs must vacated respondents entitled relief however respondents claims prior decision wholly insubstantial frivolous bell hood deprive district jurisdiction action consideration given remand question whether district judgment state law claims alone support injunction entered scalia delivered opinion rehnquist white kennedy thomas joined kennedy filed concurring opinion post souter filed opinion concurring judgment part dissenting part post stevens filed dissenting opinion blackmun joined post filed dissenting opinion blackmun joined post jay alan sekulow reargued cause petitioners briefs james henderson douglas davis thomas patrick monaghan walter weber james murphy deputy solicitor general roberts reargued cause amicus curiae urging reversal brief solicitor general starr assistant attorney general gerson paul larkin barbara herwig lowell sturgill deborah ellis reargued ccause respondents brief martha davis sally goldfarb john schafer laurence eisenstein john schafer argued cause respondents original argument brief william allen eisenstein alison wetherfield helen neuborne briefs amici curiae urging reversal filed american victims abortion james bopp richard coleson concerned women america andrew ekonomou mark troobnick feminists life america et al christine smith torre edward grant free congress foundation eric daly jordan secola george mercer southern center law ethics albert jordan woman exploited abortion et al samuel brown casey victor smith david llewellyn daniel berrigan et al wendall bird david myers james joseph lynch pro se briefs amici curiae urging affirmance filed attorney general new york et al robert abrams attorney general new york pro se peter sherwood solicitor general sanford cohen shelley mayer assistant attorneys general mary sue terry attorney general virginia pro se american civil liberties union et al judith levin steven shapiro john powell burt neuborne elliot mincberg falls church virginia david lasso naacp legal defense educational fund julius chambers charles stephen ralston eric schnapper national abortion federation et al elaine metlin roger evans eve paul organizations committed women health women equality dawn johnsen lois eisner murphy marcy wilder briefs amici curiae filed national right life committee et al james bopp barry bostrom george lucas et al lawrence joyce craig greenwood justice scalia delivered opinion case presents question whether first clause surviving version civil rights act provides federal cause action persons obstructing access abortion clinics respondents clinics perform abortions organizations support legalized abortion members may wish use abortion clinics petitioners operation rescue unincorporated association whose members oppose abortion six individuals among activities operation rescue organizes antiabortion demonstrations participants trespass obstruct general access premises abortion clinics individual petitioners organize coordinate demonstrations respondents sued enjoin petitioners conducting demonstrations abortion clinics washington metropolitan area following expedited trial district ruled petitioners violated conspiring deprive women seeking abortions right interstate travel also ruled respondents pendent state law claims trespass public nuisance relief three claims enjoined petitioners trespassing obstructing access abortion clinics specified virginia counties cities washington metropolitan area national organization women operation rescue ed based ruling pursuant also ordered petitioners pay respondents attorney fees costs appeals fourth circuit affirmed national organization women operation rescue granted certiorari case argued october term pursuant direction see reargued current term precedents establish order prove private conspiracy violation first clause plaintiff must show inter alia racial perhaps otherwise invidiously discriminatory animus lay behind conspirators action griffin breckenridge conspiracy aimed interfering rights protected private well official encroachment carpenters scott think neither showing made present case griffin held reversing precedent see collins hardyman reaches conspiracies color state law also purely private conspiracies finding text required expanded scope however recognized constitutional shoals lie path interpreting general federal tort law griffin avoided said requiring element cause action kind invidiously discriminatory motivation stressed sponsors limiting amendment ibid citing specifically representative shellabarger statement law restricted prevention deprivations shall attack equality rights american citizens violation right animus effect strike citizen end may enjoy equality rights contrasted citizens rights shall within scope remedies emphasis original quoting cong globe app said language requiring intent deprive equal protection equal privileges immunities means must racial perhaps otherwise invidiously discriminatory animus behind conspirators action emphasis original yet occasion resolve perhaps griffin addressed upheld claim case involved race discrimination respondents assert qualifies alongside race discrimination otherwise invidiously discriminatory animus covered law opposition abortion neither common sense precedents support begin reject apparent conclusion district respondents make effort defend opposition abortion constitutes discrimination class women seeking abortion whatever may precise meaning class purposes griffin speculative extension beyond race term unquestionably connotes something group individuals share desire engage conduct defendant disfavors otherwise innumerable tort plaintiffs able assert causes action simply defining aggrieved class seeking engage activity defendant interfered definitional ploy convert statute general federal tort law purpose animus requirement avoid ibid justice blackmun cogently put class defined simply group victims tortious action carpenters supra dissenting opinion women seeking abortion qualifying class respondents contention however alleged discrimination directed women seeking abortion women general find unnecessary decide whether qualifying class since claim petitioners opposition abortion reflects animus women general must rejected think animus requirement met maliciously motivated opposed assertedly benign though objectively invidious discrimination women demand however least purpose focuses upon women reason sex example use illustration assertedly benign discrimination purpose saving women women combative aggressive profession practice law record case indicate petitioners demonstrations motivated purpose malevolent benign directed specifically women class contrary district found petitioners define rescues reference women physical intervention abortionists innocent victims petitioners share deep commitment goals stopping practice abortion reversing legalization given record respondents contention animus established true one two suggested propositions true opposition abortion reasonably presumed reflect intent intent irrelevant animus determined solely effect neither proposition supportable first activities may irrational object disfavor targeted also happen engaged exclusively predominantly particular class people intent disfavor class readily presumed tax wearing yarmulkes tax jews opposition voluntary abortion possibly considered irrational surrogate opposition paternalism towards women whatever one thinks abortion denied common respectable reasons opposing hatred condescension toward indeed view concerning women class evident fact men women sides issue men women sides petitioners unlawful demonstrations see planned parenthood southeastern pennsylvania casey respondents case comes proposition intent legally irrelevant since voluntary abortion activity engaged women disfavor ipso facto discriminate invidiously women class cases support proposition geduldig aiello rejected claim state disability insurance system denied coverage certain disabilities resulting pregnancy discriminated basis sex violation equal protection clause fourteenth amendment true said women become pregnant follow every legislative classification concerning pregnancy classification reached similar conclusion personnel administrator mass feeney sustaining equal protection clause challenge massachusetts law giving employment preference military veterans class massachusetts male discriminatory purpose said implies intent volition intent awareness consequences implies decisionmaker selected reaffirmed particular course action least part merely spite adverse effects upon identifiable group citation omitted principle applies invidiously discriminatory animus requirement moreover two cases deal specifically disfavoring abortion establish conclusively ipso facto sex discrimination maher roe harris mcrae held constitutional test applicable government abortion funding restrictions heightened scrutiny standard cases demand discrimination see craig boren ordinary rationality standard see maher supra harris supra nature invidiously discriminatory animus griffin mind suggested language used phrase invidious ending excite odium ill envy likely give offense unjustly irritatingly discriminating webster second international dictionary company phrase found must racial perhaps otherwise invidiously discriminatory animus griffin emphasis added whether one agrees disagrees goal preventing abortion goal apart use unlawful means achieve relevant discussion animus remotely qualify harsh description derogatory association racism contrary said value judgment favoring childbirth abortion proper reasonable enough implemented allocation public funds see maher supra congress approval discriminated abortion provision financial support medical procedures see harris supra stuff invidiously discriminatory animus created respondents federal claim fails second independent reason private conspiracy purpose depriving person class persons equal protection laws equal privileges immunities laws requires intent deprive persons right guaranteed private impairment see carpenters intent deprive right established respondents like courts rely upon right interstate travel held least contexts right constitutionally protected private interference see griffin supra respondents point way connecting petitioners actions particular right district finding ubstantial numbers women seeking services abortion clinics washington metropolitan area travel interstate reach clinics enough said case involving criminal counterpart conspiracy rob interstate traveler violate predominant purpose conspiracy impede prevent exercise right interstate travel oppress person exercise right conspiracy becomes proper object federal law indictment case brought guest respondents failed show conspiracy violate right interstate travel yet another reason petitioners proposed demonstrations implicate right federal guarantee interstate travel transform torts federal offenses intentionally committed interstate travelers rather protects interstate travelers two sets burdens erection actual barriers interstate movement treated differently intrastate travelers zobel williams see paul virginia wall art iv inhibits discriminating legislation citizens gives right free ingress egress toomer witsell art iv insure citizen state ventures state privileges citizens state enjoy far appears record actual barriers movement resulted petitioners proposed demonstrations immediate vicinity abortion clinics restricting movement one portion commonwealth virginia another purely intrastate restriction implicate right interstate travel even applied intentionally travelers unless applied discriminatorily case respondents conceded oral argument right alleged respondents intentionally infringed right abortion district declined rule contention relying exclusively upon theory view also inadequate basis respondents claim whereas unlike right interstate travel asserted right abortion assuredly aimed petitioners deprivation federal right whatever contours object purely private conspiracy carpenters rejected claim alleged private conspiracy infringe first amendment rights violated statute apply said private conspiracies aimed right definition right state interference applies conspiracies aimed interfering rights protected private well official encroachment rights hitherto recognized thirteenth amendment right free involuntary servitude kozminski thirteenth amendment context right interstate travel see guest supra right abortion among peculiar accord preferred position since much less explicitly protected constitution example right free speech rejected status carpenters moreover right abortion described opinions one element general right privacy see roe wade fourteenth amendment liberty see planned parenthood southeastern elements general rights obviously protected private infringement burglar violate fourth amendment example mugger violate fourteenth respondents deprivation claim must fail identified right protected private action object alleged conspiracy ii two dissenters claim respondents established violation second hindrance clause covers conspiracies purpose preventing hindering constituted authorities state territory giving securing persons within state territory equal protection laws claim hardly presented posture less suitable review respondents frankly admitted argument reargument complaint set forth claim hindrance clause tr oral arg complaint make hinder prevent claim tr reargument surprisingly therefore neither district appeals considered application clause current facts hindrance clause issue fairly included within questions petitioners sought certiorari see pet cert rule alone enough exclude consideration true issue briefed albeit sparingly parties prior first oral argument case post souter concurring judgment part dissenting part contrary neither party initiated even slightest suggestion hindrance question issue argued decided possibility suggested first time questions bench argument reintroduced bench reargument respondents sought include hindrance section supplemental brief reargument declined accept section filing see sum justices reaching hindrance issue case must find complaint claims respondents admitted must resolve question presented ruled lower must revise rule petition certiorari brief opposition later briefs determines questions presented must penalize parties addressing issue specifically denied supplemental briefing extraordinary see paul citing cases treatises kamen kemper financial services industries kelco disposal dissenters zeal reach question whether hindrance violation understandable perhaps affirmative answer provided easy one far judging statutory text cause action hindrance clause seem require invidiously discriminatory animus deprivation clause requires found lacking said griffin source animus requirement language requiring intent deprive equal protection equal privileges immunities emphasis original language appears hindrance clause well oral argument respondents conceded applicability animus requirement though withdrew concession reargument without animus requirement hindrance clause war statute available weapon mass conducted purposes promoting desegregation wildly improbable result even moreover hindrance claim fail lack animus still fail unless hindrance clause applies private conspiracy aimed rights constitutionally protected official opposed private encroachment justice stevens finds clear see post citing surprisingly carpenters extent case illuminates question clearly contrary dissent view holding deprivation clause least cover private conspiracies aimed rights protected state encroachment justice simply asserts without analysis hindrance clause nonetheless applies rights post although operative language two clauses equal protection laws identical justice souter disposes requirement animus requirement well undertaking reconsideration griffin carpenters concluding cases wrongly decided limiting damage supposed errors embracing interpretation statute concededly gives language two successive clauses completely different meaning see post formidable task undertaken completed reiterate uninvited party amicus respect cause action presented pleadings asserted ruled upon contained questions presented certiorari equally troubling dissenters questionable resolution legal issue never presented conclusion lower found case justice souter reasonably thought found facts necessary support nonexistent hindrance claim concede requires finding protesters purpose prevent hinder law enforcement officers discern finding district recitation rescuers outnumbered police officers police unable prevent closing clinic six hours national organization women operation rescue see post stevens dissenting post dissenting post souter concurring judgment part dissenting part renders distinction purpose effect utterly meaningless dissenters justice souter give respondents respondents dared ask respondents frankly admitted original argument even reargument district never concluded impeding law enforcement purpose petitioners protests hindrance claim valid law required remand obviously correct iii respondents entitled relief also entitled attorney fees costs therefore vacate award petitioners seek even contend respondents claims insubstantial district lacked jurisdiction action including pendent state claims injunction therefore vacated entire action dismissed agree respondents causes action fail prior deciding case wholly insubstantial frivolous bell hood deprive district jurisdiction may course even though district jurisdiction claims judgment claims alone support injunction entered leave question consideration remand trespassing upon private property unlawful many localities intentionally obstructing entrance private premises offenses may prosecuted criminally state law may also basis state civil damages however give rise federal cause action simply objective prevent performance abortions held objective stifle free speech judgment appeals reversed part vacated part case remanded proceedings consistent opinion ordered footnotes two persons state territory conspire go disguise highway premises another purpose depriving either directly indirectly person class persons equal protection laws equal privileges immunities laws purpose preventing hindering constituted authorities state territory giving securing persons within state territory equal protection laws two persons conspire prevent force intimidation threat citizen lawfully entitled vote giving support advocacy legal manner toward favor election lawfully qualified person elector president vice president member congress injure citizen person property account support advocacy case conspiracy set forth section one persons engaged therein cause done act furtherance object conspiracy whereby another injured person property deprived exercising right privilege citizen party injured deprived may action recovery damages occasioned injury deprivation one conspirators petitioners amici argue intentional destruction human fetuses target protests engaged merely women seek receive abortions medical support personnel provide abortions even friends relatives escort women clinics many latter categories petitioners point men petitioners block entry clinics less entry pregnant women respondents reply essential object petitioners conspiracy prevent women intentionally aborting fetuses fact physical obstruction targets men say render less class based women racial conspiracy blacks lose character targets addition white supporters black rights see carpenters scott need resolve dispute assume sake argument respondents characterization correct justice stevens asserts irrespective intent motivation classification sexually discriminatory effect post cases puts forward confirm revisionist reading geduldig aiello fact confirm opposite nashville gas satty cited geduldig endorsement geduldig ruling facially neutral benefit plan unless shown distinctions involving pregnancy mere pretexts designed effect invidious discrimination members one sex quoting geduldig supra internal quotation marks omitted satty said need decide whether necessary prove intent establish prima facie violation espondent failed prove even discriminatory effect emphasis added clear discriminatory intent something beyond sexually discriminatory effect found liability satty otwithstanding geduldig post justice stevens suggests geduldig compatible belief effects alone constitute requisite intent rather title vii intent requirement discussion inapplicable pregnancy discrimination act stat justice stevens acknowledges congress understood geduldig see post nn cases justice stevens relegates footnotes turner utah dept employment security even discrimination case general electric gilbert describes holding geduldig precisely newport news shipbuilding dry dock eeoc casts doubt continuing vitality geduldig think principle applicable believe equal protection clause jurisprudence automatically incorporated rather inherent requirement animus animus based class dispute justice stevens observation post congress may offer relief discriminatory effects without evidence intent question whether done faithful precedents must conclude justice stevens justice replace discriminatory purpose requirement intentionally perhaps merely disparate impact post stevens dissenting post dissenting enough dissenters members protected class targeted unlawful action virtue class characteristics post dissenting see also post regardless motivation animus underlying unlawful action might accord post stevens dissenting approach completely eradicates distinction apparent statute purpose effect justice stevens approach petitioners admitted purpose preserving fetal life legitimate nondiscriminatory goal post emphasis added becomes indirect consequence petitioners blockade discriminatory effect women seeking abortions conspirators immediate purpose ibid emphasis added justice acknowledges petitioners target ing motivated opposition practice abortion post event characteristic formed basis targeting womanhood seeking abortion class dissenters identify one rejected earlier women seeking abortion approach equating opposition activity abortion engaged certain class women opposition class leads absurd conclusions analysis men women regard rape revulsion harbor invidious antimale animus thus state law provide convicted rapists must paroled long attend weekly counseling sessions persons opposed lenient treatment demonstrate opposition impeding access counseling centers protesters dissenters approach liable antimale animus justice stevens finds significant dramatic difference language former includes unequivocal intent requirement post precisely backwards second paragraph contain explicit intent requirement first paragraph one issue guest see whereas explicitly require purpose justice stevens emphasis upon fact unlike embraces purpose deprive another protected privilege either directly indirectly post way contradicts specific intent requirement phrase either directly indirectly modifies depriving purpose deprivation whether direct indirect must still purpose defendant action contradict plain import cases point justice stevens presses service griffin post addressing motivation requirement introduced word equal griffin said confused test specific intent deprive person federal right made definite decision rule law contains specific requirement wilfulness motivation aspect focuses scienter relation deprivation rights invidiously discriminatory animus griffin supremely irrelevant present discussion since considering motivation requirement introduced word equal rather intent requirement introduced word purpose asserting right question must made definite decision rule law must aimed without knowledge federally protected right cf screws requirement wilfulness words purpose requisite purpose course pleaded griffin specifically noted see justice stevens makes response whatever plain language carpenters except contend irrelevant reaches forward years time prevent carpenters meaning obviously says aimed although lower courts one time read griffin justice stevens see post cases decided years opinion carpenters follow justice stevens expresses incredulity rule described says unsupported precedent reason post show claims right interstate travel violated even conduct evenhandedly disrupts local interstate travel post cite cases position cites nothing negative commerce clause cases always pleasant greet old commerce clause warhorses pike bruce church dean milk madison southern pacific arizona ex rel sullivan cited post surely irrelevant individual right interstate travel discussing right derive negative commerce clause else eliminated congress admissions accurate amended complaint alleged two federal causes action petitioners conspired deprive women right travel conspired purpose denying women seeking abortions rights privacy app deprivation claims neither one makes allusion hindrance prevention state authorities justice souter contends post hindrance clause issue embraced within question four asked respondents claims insubstantial deprive federal courts subject matter jurisdiction pet cert argument founders hard admitted reality respondents claims include hindrance claim contrary justice souter suggestion post provision rules giving respondents right brief opposition restate questions presented rule give power expand questions presented rule makes clear event neither questions set forth brief opposition fairly raises hindrance claim support whatever justice souter reliance upon formulation question respondents brief merits post basis deeming question properly presented though merits question referred justice souter unhelpful respondents brief asserted affirm judgment basis deprivation clause remand necessary respondents present number contentions respecting claim reached including contention petitioners means blockades hindered police securing women right privacy brief respondents petitioners reply brief responded complaint contain hindrance claim reason believe hindrance clause entail statutory requirements animus independent rights respondents failed satisfy first clause statute reply brief petitioners obviously arguments resolution hindrance claim unable grasp logic whereby justice souter us conclusively resolve hindrance clause legal issue petitioners despite lack opportunity address criticizes opinion see post merely suggesting without resolving hindrance clause issue difficulties inhere approach straining argue hindrance clause animus requirement first clause justice stevens makes argument extrapolating reasoning kush rutledge held animus requirement expounded griffin apply claim first clause post heart kush case considered greatest importance fact griffin animus requirement rested equal protection language first clause contain since hindrance clause contain language straightforward application kush case quite opposite justice stevens asserts justice souter contends example inapposite depriv owners segregated lunch counter independently protected constitutional right post paragraph appended however justice souter purports leave open question whether hindrance clause apply conspiracy amount denial police protection individuals attempting exercise constitutional right post presumably rights guaranteed state trespass laws certainly violated state law rights else convictions true case invade constitutional rights one uses term justice souter include rights constitutionally protected official opposed private encroachment surely property owners constitutional right government physically occupy property without due process without compensation justice souter citation roberts jaycees post lane cotton mod post requires response cites heart atlanta motel proposition civil rights act elimination restaurant owners right exclude blacks establishments violate due process takings clauses assuredly government regulation commercial use valid legislation hardly comparable government action equivalent conducting physically occupy private property consent owner without legal warrant justice souter cites shelley kraemer post establish effect even civil rights act legal warrant physical occupation argument driven reliance upon extension volatile case obviously serious trouble justice souter contends even without animus requirements hindrance clause still significantly limit ed scope covering conspiracies act enough force overwhelm capacity legal authority act evenhandedly administering law post emphasis added justice stevens discerns similar limitation see post justice souter attempts find statutory basis argues since prohibits conspiracy prevent person emphasis added discharging duties prohibition conspiracy directed constituted authorities emphasis added must speaking something affects single official post seems us complete non sequitur difference person constituted authorities contain significant limitation remaining language two sections roughly parallel section example speaks categorically prevent ing person exercise duties whereas speaks preventing hindering constituted authorities emphasis added obviously one hinder authorities preventing individual officer dissenters interpretation adopted conspiracies prevent individual state officers acting left entirely uncovered section applies officers course basic distinction two provisions neither dissent explains application enough force impede law enforcement though overwhelm supplant constitute hindering indeed force bribery misdirection must means hindrance prevention nothing text justifies limitations justice souter faith severely limited character hindrance clause also depends upon taking position whether clause protects federal statutory rights rights post disposition case need address whether district erred issuing injunction despite language authorizing action recovery damages occasioned injury deprivation curious however dissenters though quick reach resolve unpresented hindrance issue assume without analysis propriety injunctive relief approve though contrary asserted amicus support petitioners issue addressed parties supplemental briefs reargument see supplemental brief petitioners reargument brief respondents reargument justice stevens chides us invoking text whereas says rely instead upon statutory purpose animus requirement selectively employ ing approaches give narrowest possible construction post animus requirement rely plainly simply upon holding griffin whatever approach griffin may used holding though justice stevens might wish otherwise integral part jurisprudence extending purely private conspiracies justice kennedy concurring joining opinion make added observations three separate dissenting opinions case offer differing interpretations statute question given difficulty question understandable dissenters inability agree single rationale confirms view correctness opinion recognize essential considerations federalism stake federal balance fragile one false step interpreting risks making whole catalog ordinary state crimes concurrent violation single congressional statute passed century ago course wholesale commission common crimes creates dangers far ordinary even context political protest persistent organized premeditated lawlessness menaces unique way capacity state maintain order preserve rights citizens actions designed inflame inform subvert civility mutual respect essential preconditions orderly resolution social conflict free society reason important note another federal statute offers possibility powerful federal assistance persons injured threatened organized lawless conduct falls within primary jurisdiction local governments state officials deem necessary law enforcement assistance authorized upon request state attorney general pursuant event law enforcement emergency state local resources inadequate protect lives property citizens enforce criminal law attorney general empowered put full range federal law enforcement resources disposal state including resources marshals service presumably principal practical advantage respondents seeking federal injunction see scheme invoked nature extent federal response determination executive authority act less circumscribed little doubt extraordinary intervention local controversies ordered careful assessment circumstances including need preserve essential liberties traditions indeed statute explicitly directs attorney general consider need avoid unnecessary federal involvement intervention matters primarily state local concern suggest statute remedy available illustrate however congress provided federal mechanism ensuring adequate law enforcement resources available protect federally guaranteed rights congress attaches great significance federal decision intervene thus even proceedings remand ultimate result dismissal action local authorities retain right ability request federal assistance deem warranted justice souter concurring judgment part dissenting part case turns meaning two clauses render certain conspiracies civilly actionable first clause deprivation clause covers conspiracies purpose depriving either directly indirectly person class persons equal protection laws equal privileges immunities laws purpose preventing hindering constituted authorities state territory giving securing persons within state territory equal protection laws prior cases giving words equal protection laws deprivation clause authoritative construction limited liability clause imposing two conditions found terms text actionable conspiracy must racial perhaps motivation griffin breckenridge aimed deprivation constitutional right right must one secured official infringement private action well carpenters scott follows cases applying deprivation clause today extent take exception conclusion know reason exempt us counsel stare decisis adhering settled statutory construction see hilton south carolina public railways congress free change think prior reading unsound ii meaning prevention clause thus settled however starting part iv give reasons reading without importation extratextual conditions deprivation clause first however word order show prevention clause construction properly us explain position cast doubt clause arguable applicability facts indicated record light refusal allow respondents address issue supplemental briefing otherwise permitted prior reargument case respondents complaint limit theory liability deprivation clause alone alleges simply petitioners conspired parties presently unknown purpose denying women seeking abortions targeted facilities right privacy violation app evidence presented hearing district addressed issue prevention hindrance leading note demonstrators far outnumbered local police ven though rescuers arrested police unable prevent closing clinic six hours national organization women operation rescue ed applicability prevention clause fairly included within questions presented especially restated respondents see brief respondents first question presented brief opposition holmes securities investor protection respondent right rule restate questions presented see also pet cert petitioners fourth question presented issue briefed albeit sparingly parties prior first oral argument case see brief respondents reply brief petitioners argument subject question bench see tr oral arg therefore proper address interpretation prevention clause merits respondents position terms reasonable respondents seek leave file supplemental brief addressing interpretation merits prior reargument request nonetheless denied see though voted grant three members dissented record action contrary nonetheless whatever may better decision denying respondents request least consistent leaving consideration prevention clause another day way barred respondents pressing claim clause later stage litigation vote deny request example simply reflected view absence extensive trial findings quoted better leave prevention clause consideration remand agree appropriate however expressing skepticism prevention clause basis relief begins close door earlier order left open move unfair respondents request denied opinion concentrates errors ways difficult read rejecting construction prevention clause petitioners might succeed extent barring claim statutory provision allowed comment supplemental briefing otherwise permitted reargument judgment applicability prevention clause raised neither unfairness respondents putting forward statutory interpretation bar claim unfairness petitioners sought leave address issue turn views meaning prevention clause terms iii previously faced prevention clause claim difficult question arises first occasion whether import two conditions imposed deprivation clause limitations scope prevention clause well construing phrase equal protection laws differently neighboring provisions statute interpretation seemingly odds natural presumption identical words used different parts act intended meaning atlantic cleaners dyers presumption defeasible instance giving common phrase independent reading exactly done two conditions issue almost certainly run counter intention congress whatever may strength reasons construing deprivation clause include reasons application prevention clause us extend conditions shorten prevention clause reach moreover render clause inoperative conspiracy terms plain meaning clearly apply conspiracy whose perpetrators plan overwhelm available law enforcement officers point preventing providing class victims attempting exercise liberty guaranteed constitution police protection otherwise extended persons going lawful business streets private premises lest embrace unintended untoward result obliged reject limiting constructions stare decisis require amalgam concepts reflected witness statute evolution civil rights act bill criminalized conspiracies act violation rights privileges immunities person cong globe app statement blair quoting sess statute including civil cause action conspirators go disguise violate certain constitutional guarantees see stat amendment original bill concerns us occurred house calm fears statute breadth extend cover vast field traditional state jurisdiction exceeding members congress took scope congressional power fourteenth amendment see comment construction section light original purpose principal curb placed statute scope requirement actionable conspiracies otherwise proscribed strength threats voting rights see motivated purpose deny equal protection laws sponsor amendment representative shellabarger put way object amendment confine authority law prevention deprivations shall attack equality rights american citizens cong globe effect equal protection requirement thus limiting deprivation clause received careful attention first collins hardyman series recent cases griffin breckenridge great american fed sav loan assn novotny carpenters scott present purposes griffin carpenters stand griffin sought honor restrictive intent congress reading language requiring intent deprive equal protection equal privileges immunities griffin emphasis omitted demanding proof racial perhaps otherwise invidiously discriminatory animus behind conspirators action ibid treatment course effectively narrow scope clause probably point overkill unsupported indication understanding part congress animus deny equality rights lying heart equal protection violation legislation sponsors understood necessarily animus based race like character see cong globe app remarks willard cong globe remarks shellabarger congress explain understanding statutory equal protection fine degree aware griffin address evidence using phrase equal protection statute passed three years ratification fourteenth amendment congress intended phrase mean anything different identical language meant amendment say course members congress jurists agreed exactly phrase mean certainly true conceptual development equal protection hardly outlined advance members congress equally true reason suppose meant statutory equal protection provision read narrowly obvious cognate amendment griffin however gave reading sure resonance griffin animus requirement constitutional equal protection cases deal classifications calling strict heightened scrutiny official discriminations employ characteristics race national origin alienage gender illegitimacy see cleburne cleburne living center describing jurisprudence categories distinctions based race qualities bearing less close analogy race means exhaust scope constitutional equal protection legislative classifications whether described racial perhaps otherwise invidiously discriminatory animus subject review equal protection clause contains reference race understood comprehensive scope since least late century see magoun illinois trust savings bank citing cases routine legislative classification course subject deferential scrutiny passing constitutional muster bears rational relationship legitimate governmental purpose cleburne cleburne living center supra describing test schweiker wilson point fourteenth amendment equal protection scrutiny applied classifications scope equal protection statute balance constitutional counterpart statute cover discriminations impermissible scrutiny indeed even extratextual evidence positive congressional intent provide statutory reach beyond griffin allow legislative history act suggests omission reference race statutory text equal protection result inadvertence congress understood classifications infringing statutory notion equal protection limited based race closely comparable personal quality significant often quoted evidence came senator edmunds managed bill senate floor remarked conspiracy person democrat please catholic methodist vermonter section reach cong globe course examples discrimination based class comparable race senator list counters suggestion subject matter statutory equal protection meant confined notwithstanding griffin decision read deprivation clause equal protection element restrictive fourteenth amendment equal protection recognized different respect statute remained expansive constitutional counterpart aimed deprivations equal protection purely private conspirators conclusion fact prompted concern deprivation clause might terms apply facts beyond congress constitutional reach nonetheless obviated need address scope congressional power time confining holding statute constitutional least insofar implemented congressional power enforce thirteenth amendment right travel freely assertable private well governmental interference one step away putting deprivation clause present shape step took carpenters whereas griffin held requiring purpose infringe federal constitutional right guaranteed private action sufficient allay fear deprivation clause applied unconstitutional breadth carpenters turned sufficient condition necessity insofar conspiracies deprive person class persons federal constitutional rights concerned holding case conspiracy cause action stated without alleging ultimate object depriving plaintiff right protected private action federal constitution significant step going affirm deprivation clause constitutionality insofar applied conspiracies infringe federal constitutional rights guaranteed private action griffin arguably acted prudent reticence avoiding needless ruling congress power outlaw conspiracies aimed rights converting indisputably constitutional object giving relief private conspiracies violate federal constitutional rights guaranteed private action exclusive subject matter clause respect conspiracies deprive people federal constitutional rights carpenters almost certainly narrowed clause scope congress intended indeed congress meant confine statute narrowly application federal constitutional deprivations gone beyond violations thirteenth amendment adopted next clear example constitutional guarantee individual action emerge guest recognizing right interstate travel good individuals well governments congress meant protect federal constitutional rights outside protected thirteenth amendment hard see drafters simply said third fourth clauses dealt expressly infringements voting rights already guaranteed abridgment fifteenth amendment adopted carpenters might responded objection suggesting textual breadth deprivation clause reflects applicability conspiracies aimed violating rights guaranteed state law rights guaranteed individual infringement federal statutory law since possible applications left open opinion see carpenters supra answer prompt even fundamental objection textual basis deprivation clause portions subsection common clauses suggesting limitation intended whether concerns constitutionality prompted griffin carpenters holdings well raised wisely allayed decisions solution reached probably left lesser deprivation clause congress intended probably solution imported prevention clause work equally unintended contraction iv conclusion conditions placed deprivation clause narrow intended scope prompts question whether reasons thought argue favor placing conditions deprivation clause apply prevention clause may recall holding racial animus necessary element requisite purpose deprive equal protection griffin mindful congressional apprehension statute might otherwise turn general federal tort law griffin dwell chose requirement racial comparable animus restrict statutory equal protection readiness read statutory category narrowly fourteenth amendment counterpart least understandable one sees scope conspiracies actionable deprivation clause virtually textual limit beyond need prove equal protection element without griffin animus requirement private conspiracy deprive equal protection actionable long conspirators took action produced harm prevention clause carries premonition liability however distinctive requirement prove conspiratorial purpose preven hinde constituted authorities state territory giving securing equal protection laws additional element unknown deprivation clause significantly limiting condition private conspiracies injure according class classification enough must conspiracies act enough force whatever sort overwhelm capacity legal authority act evenhandedly administering law requirement capacity law enforcement authorities must affected supported comparison statutory language prevention clause touches conspiracies purpose preven hinde constituted authorities state territory giving securing equal protection text among things prohibits conspiracies prevent person discharging duties office contrast makes clear words prevention clause congress used meant deal every situation single government official prevented discharging duties sure earlier day scarce law enforcement personnel rudimentary communication slow transportation situations might possible overthrow capacity government overthrowing one official alone ambitious conspiratorial object required normal modern conditions order satisfy requirement affecting law enforcement system sufficiently conspiracy need envision action capable countering numbers officers injuring responsive capacity disabling communication system example requirement object thwart capacity law enforcement authority provide equal protection laws thus narrows scope conspiracies actionable prevention clause degree reason appears narrowing even view equal protection restrictive fourteenth amendment equally inapposite prevention clause second deprivation clause limitation conspiracy deny equal protection interfere exercise federal constitutional right right protected private well official encroachment carpenters justification initial enquiry concerning rights protected constitution private action lay stated concern constitutional limits congressional power regulate purely private action griffin supra however reason arguable need import extratextual limitation deprivation clause prevention clause lies prevention clause distinctive requirement purpose conspiracy actionable terms must include purpose accomplish object preventing hindering officials discharge constitutional responsibilities conspirators choice means work victims significant precisely act frustrating thwarting state officials exercise state police power amount simply extralegal way determining state power exercised real terms exercise state power degree private conspirators arrogate state police power thwart equal protection imposing amounts policy discrimination place constitution mandate action tantamount state action subject undoubted congressional authority penalize exercise state police power abridge equal protection guaranteed fourteenth amendment say congress less able legislate unconstitutional exercises state authority conspiratorial usurpation counter unconstitutional action taken formally vested state authority equation actionable conspiracies state action indeed central reading given prevention clause griffin reasoning deprivation clause contained state action requirement contrasted text clause language three provisions indicating respectively three possible forms state action limitation griffin one limitation might read deprivation clause must interference influence upon state authorities ibid declined tack requirement onto deprivation clause inclusion prevention clause indicated congress intended apply nowhere else relevant point whole basis griffin analysis interference influence state authorities state action follows griffin premises condition needed even allay apprehension reaching private conspiracies described prevention clause congress might exceeding authority fourteenth amendment accordingly conclude prevention clause may applied conspiracy intended hobble overwhelm capacity duly constituted state police authorities secure equal protection laws even conspirators animus based race like class characteristic even ultimate object conspiracy violate constitutional guarantee applies solely state action turning application prevention clause thus read conclude conspiracy falls within terms prevention clause purpose hinder prevent law enforcement authorities giving normal police protection women attempting exercise right abortion recognized planned parenthood southeastern casey roe wade reason view state frustration individual choice obtain abortion without violate equal protection classification necessarily lacks positive relationship legitimate state purpose consequently fails rational basis scrutiny withdraws general public benefit account exercise right otherwise guaranteed constitution see police dept chicago mosley applying equal protection clause finding appropriate governmental interest suitably furthered discrimination independently violate first amendment discrimination wrought state treated burden exercise right protected substantive due process guarantee see casey supra forbidden denial generally available civic benefits one group solely members seek constitution guarantees clearly classification forbidden purpose say independently violation equal protection see mosley supra carey brown private individuals conspire purpose arrogating effect exercising state power way thus violate equal protection exercised state officials conspiracy becomes actionable implemented act whereby person injured person property deprived right privilege citizen vi remaining question whether respondents demonstrated district found conspiracy thus actionable prevention clause think requisite findings supportable record one finding expressly made district found petitioners conspired cause respondent clinics cease operations trespassing property physically blocking entry exit clinics see rendering existing prospective patients well physicians medical staff unable enter clinic render receive medical counseling advice ibid district found petitioners actions characteristically undertaken without notice typically overwhelmed local police officials invested law enforcement component state police power rendering unable substantial period give secure police protection otherwise extended persons going lawful business streets private premises victims chosen making choices falling within scope recognized substantive due process protection choices may made basis discriminatory state classifications applied deny state services routinely made available persons district found effects thus replacing constituted authority lawless regime create substantial risk physical harm damage respondents property conclusion amply supported record evidence personal assaults tortious restrictions lawful movement well damage property petitioners previous demonstrations see tr facts support conclusion petitioners conspiracy purpose preventing hindering constituted authorities virginia giving securing persons within virginia equal protection laws might fair read finding lines district express conclusions finding express better course err side seeking express clarification certainly true members think appropriate remand proceedings conclude therefore decision appeals vacated case remanded consideration purpose final determination whether implementation conspiracy actionable prevention clause contrary interpretation see ante respondents made point reargument complaint ellis honor complaint sic alleged though violation section generally tr reargument whether conspiracy blockade medical clinics providing abortions related services women substantial numbers travel basis cause action respondents claims insubstantial deprive federal courts subject matter jurisdiction cf carpenters scott holding animus class based upon economic views status activities beyond reach deprivation clause reserving question whether reaches animus class negroes championed cause carpenters leave open question whether deprivation clause might apply conspiracy aimed class organization account political views activities see carpenters supra senator edmunds quoted language occurred discussion bill became civil rights act see cong globe senator edmunds referring statutory language issue unmistakable stated describing conditions required conspiracy actionable provisions bill see ibid prudential step presumably unnecessary light guest clark concurring brennan concurring part dissenting part majority concluded fourteenth amendment empowers congress enact laws punishing conspiracies without state action interfere exercise fourteenth amendment rights see supra emphasize substantive due process guarantee issue analysis rests fact treating conspirators state imposition restrictions abortion strict permitted constitution legitimate public purpose reach question whether equal protection requirement prevention clause violated conspiracy charged state amount denial police protection individuals attempting exercise constitutional right scope construction prevention clause limited certainly forbid conduct unlike issue protected first amendment reach even demonstrations incidental effect overwhelming local police authorities statute terms requires purpose preven hinde constituted authorities state territory giving securing persons within state territory equal protection laws indeed necessarily reach even types civil disobedience may intended overwhelm police inviting multiple arrests purpose ordinarily discriminate individuals basis exercise independently protected constitutional right see supra lunch counter protests early refers see ante cases made representative normally mass demonstrations rather led arrests small groups orderly students refused leave segregated establishments requested see bouie city columbia two negro college students bell maryland negro students robinson florida integrated group blacks whites barr city columbia five negro college students griffin maryland five young negroes lombard louisiana three negro one white college students seeking service refreshment counter designed accommodate persons peterson greenville negro boys girls seeking service lunch counter designed accommodate persons event construction adopt today lunch counter actionable even police overwhelmed example protesters arrested trespass immediately replaced others prevented police barring integration lunch counter leading mass arrests protesters deprived owner segregated lunch counter independently protected constitutional right see roberts jaycees associational right part individual members exclude women jaycees heart atlanta motel title ii civil rights act prohibiting discrimination places public accommodation work deprivation liberty property without due process law taking property without compensation correctly describes holding heart atlanta ignores import holding reaching conclusion argues government action equivalent conducting government action preventing restaurant owners discriminating provision service blacks violated constitution physically occupy ing restaurant owners property without due process without compensation see ante whether property refers lunch counter restaurant owners right exclude blacks establishments basis race ibid assuming even described one bundle rights made restaurant owner property dubious proposition see lane cotton mod common law duty innkeepers serve potential patrons equally without regard personal preference long accommodated explain government action violate constitution title ii civil rights act provide legal warrant physical occupation ante without similarly offending takings due process clauses additionally independent reason apart absence constitutional right restaurant owner part demonstration actionable construction prevention clause although question left open cases decided see paulsen cases answer came none largely mooted adoption civil rights act government enforcement private segregation use state trespass law rather securing persons equal protection laws amounted unconstitutional act violation equal protection clause fourteenth amendment cf shelley kraemer observes ante address propriety injunctive relief case even though addressed parties supplemental briefs reargument unlike prevention clause question fairly included within questions upon certiorari granted therefore consideration inappropriate see rule justice stevens justice blackmun joins dissenting civil war congress enacted legislation imposing federal judiciary responsibility remedy abuses power persons acting color state law lawless conduct state courts neither fully competent always certain prevent ku klux act stat response massive organized lawlessness infected southern war era question concerning statute coverage arises appropriate consider whether controversy purely local character kind federal dimension gave rise legislation based detailed undisputed findings fact district concluded portion ku klux act codified provides federal remedy petitioners violent concerted activities public streets private property citizens national organization women operation rescue ed appeals affirmed national organization women operation rescue holdings courts supported text legislative history statute fully consistent precedents admittedly important questions concerning meaning left open prior cases including whether statute covers discrimination whether provides remedy kind interference woman right travel another state obtain abortion revealed record like overwhelming majority federal judges spoken issue persuaded traditional principles statutory construction readily provide affirmative answers questions unfortunate analyzed case though presented abstract question logical deduction rather question concerning exercise allocation power federal system government ignores obvious entirely constitutional congressional intent behind protect nation citizens amounts theft constitutional rights organized violent mobs across country importance issue warrants full statement facts found district reaching decisive questions case petitioners dedicated cause profoundly believe far important mere obedience laws commonwealth virginia police power cities achieve goals individual petitioners agreed combined one another defendant operation rescue organize coordinate participate rescue demonstrations abortion clinics various parts country including washington metropolitan area purpose rescue demonstrations disrupt operations target clinic indeed ultimately cause clinic cease operations entirely scope petitioners conspiracy nationwide far exceeds bounds jurisdiction one state blockaded clinics across country activities enjoined new york pennsylvania washington connecticut california kansas nevada well district columbia metropolitan area carried rescue operations district columbia maryland defiance federal injunctions pursuant overall conspiracy petitioners repeatedly engaged rescue operations violate local law harm innocent women petitioners trespass clinic property physically block access clinic preventing patients well physicians medical staff entering clinic render receive medical counseling services uncontradicted trial testimony demonstrates petitioners conduct created substantial risk existing prospective patients may suffer physical mental harm petitioners make claim conduct legitimate form protected expression petitioners intent engage repeated violations law contested trespass private property interfere ability patients obtain medical counseling services incite others engage similar unlawful activity also engage malicious conduct defacing clinic signs damaging clinic property strewing nails clinic parking lots nearby public streets unlawful conduct vital petitioners avowed purposes goals show signs abandoning chosen method advancing goals rescue operations effectively hinder prevent constituted authorities targeted community providing local citizens adequate protection lack advance warning petitioners activities combined limited police department resources makes difficult police prevent petitioners ambush rescue closing clinic many hours time trial record replete examples petitioners overwhelming local law enforcement officials sheer force numbers one rescue falls church virginia demonstrators vastly outnumbered police department complement deputized officers police arrested rescuers unable prevent blockade closing clinic six hours highly organized nature petitioners activities local authorities unable protect victims petitioners conspiracy petitioners conspiracy purpose effect interfering interstate travel number patients cross state lines obtain abortion obviously depends extent location clinic quality services washington metropolitan area interstate travel routine percent patients clinics state least one clinic obtained half patients district conclusions regard bear repetition petitioners engaged conspiracy purpose either directly indirectly depriving women seeking abortions related medical counseling services right travel right travel includes right unobstructed interstate travel obtain abortion medical services testimony trial establishes clinics northern virginia provide medical services plaintiffs members patients travel state defendants activities interfere persons right unimpeded interstate travel blocking access abortion clinics persuaded clinic closings affect intrastate travel street doors clinics hold otherwise interference right travel occur state borders conspiracy therefore effectively deprives organizational plaintiffs members right interstate travel ii text statute makes plain reasons congress considered federal remedy conspiracies necessary appropriate relevant part statute contains two independent clauses separately identify following quotation two persons state territory conspire go disguise highway premises another first purpose depriving either directly indirectly person class persons equal protection laws equal privileges immunities laws second purpose preventing hindering constituted authorities state territory giving securing persons within state territory equal protection laws case conspiracy set forth section one persons engaged therein cause done act furtherance object conspiracy whereby another injured person property deprived exercising right privilege citizen party injured deprived may action recovery damages occasioned injury deprivation one conspirators one suggested constitutional objection application statute petitioners nationwide conspiracy obvious constitutional claim frivolous accordingly sometimes limited analysis statutory text certainly affirm judgment appeals first clause second clause plainly describe petitioners conspiracy iii bypasses statute history intent plain language misplaced reliance prior precedent course never occasion construe second clause first clause however narrowly construed collins hardyman griffin breckenridge carpenters scott first decisions held apply wholly private conspiracies griffin rejected view limited application statute first clause conspiracies motivated discriminatory intent deprive plaintiffs rights constitutionally protected private governmental deprivation finally carpenters reemphasized first clause offers relief violation rights protected state interference date recognized rights protected private encroachment hence constitutional right interstate travel rights granted thirteenth amendment present purposes important note cases narrowly construed avoid perceived serious constitutional problems statute problems issue even important note larger point precedent course applying civil war era legislation civil rights issues unforeseeable adopted flexible approach interpreting statute reach current concerns without exceeding bounds intended purposes constitutional powers congress need exceed bounds apply statute facts facts decision griffin especially instructive overruling important part collins found conduct plaintiffs alleged mississippi highway attack white man suspected civil rights worker two black men passengers car emblematic antiabolitionist violence intended prevent review legislative history demonstrated one hand congress intended coverage reach purely private conspiracies hand wanted avoid constitutional shoals lie path general federal tort law punishing ordinary assault battery committed two persons racial motivation battery committed defendants case placed conduct close core coverage intended congress therefore satisfied limiting construction placed reference deprivation equal privileges immunities first clause act explained construction constitutional shoals lie path interpreting general federal tort law avoided giving full effect congressional purpose requiring element cause action kind invidiously discriminatory motivation stressed sponsors limiting amendment see remarks representatives willard shellabarger cong globe app language requiring intent deprive equal protection equal privileges immunities means must racial perhaps otherwise invidiously discriminatory animus behind conspirators action holding statute apply facts requiring discriminatory intent prevent overapplication griffin held within constitutional power congress coverage limited constitutional rights secured private action facts case identified two grounds one ground thirteenth amendment right travel explained petitioners show violation latter animus requirement less concerned specifics showing constitutionality emphasized whatever evidence presented make clear petitioners suffered conduct congress may reach power protect right interstate travel concerns persuaded adopt narrow reading text griffin presented case giving effect plain language provide remedy violent interference women exercising privilege indeed right engage interstate travel obtain abortion presents danger turning statute general tort law anyone suggest relief calls question constitutional powers congress griffin rejected earlier holding collins provided authoritative construction see ante souter concurring part dissenting part sufficient reason rejecting doctrine stare decisis whenever result unnecessarily narrow construction statute plain language wrote whether collins hardyman correctly decided facts question need concerned clear light evolution decisional law years passed since case decided many constitutional problems perceived simply exist little reason remains therefore accord words statute apparent meaning iv question left open griffin whether coverage limited cases involving racial bias easily answered text statute provides basis excluding coverage cognizable class persons entitled equal protection laws repeatedly consistently held classifications subject challenge constitutional grounds see reed reed mississippi univ women hogan parallel construction war legislation words justice holmes dealt federal rights federal rights protected lump mosley obviously appropriate legislative history act confirms conclusion even though primarily motivated lawless conduct directed recently emancipated citizens protection extended millions citizens nation cong globe given prevailing attitudes respective roles males females society possible enacting legislators anticipate protection women discrimination however sufficient reason refusing construe statutory text accord plain meaning particularly construction fulfills central purpose legislation see union bank wolas gloss justice stewart placed statute griffin exclude discrimination coverage require us resolve question whether conspiracy animated desire deprive women right obtain abortion class based terms animus invidious susceptible different interpretations today announces find animus petitioners mob violence one two suggested propositions true opposition abortion reasonably presumed reflect intent intent irrelevant animus determined solely effect ante first proposition appears describe malevolent form hatred ill animus defends opposition conduct given class engages exclusively predominantly readily unmask intent discriminate class see ibid griffin instance involved behavior animated desire keep citizens exercising constitutional rights defendants less guilty animus also opposed cause desegregation rights suffrage require plaintiffs griffin prove beatings motivated hatred similarly decision disfavoring female lawyers female owners liquor establishments pregnant women may appropriately characterized invidiously discriminatory even decisionmakers goals addition discrimination individual women second proposition deserves disdain plausibly describes assumption intent lies behind discriminatory effects congress intended protect american citizens congress may obviously offer statutory protections behavior constitution forbid including forms discrimination undermine guarantee equal treatment law regardless whether examples paternalistic discrimination given involve constitutional violation matter statutory construction entirely appropriate conclude satisfy animus requirement none poses danger converting general tort law creating concerns constitutionality statute forms animus proposes present case discrimination noted finding animus case require finding disfavor abortion ipso facto discriminate invidiously women see ante respondents take position rely abstract propositions opposition abortion per se see ante instead call attention factual record showing particular lawless conspiracy employing force prevent women exercising constitutional rights conspiracy terms first proposition may reasonably presumed reflect intent see ante satisfy animus requirement conspirators conduct need motivated hostility toward individual women women unquestionably protected class requirement well central purpose statute satisfied conspiracy aimed conduct members protected class capacity perform necessary intended effect upon women sole purpose conspiracy enough conspiracy motivated least part adverse effects upon women cf personnel administrator mass feeney arlington heights metropolitan housing development immediate intended effect conspiracy prevent women obtaining abortions even assuming ultimate indirect consequence petitioners blockade legitimate nondiscriminatory goal saving potential life undeniable conspirators immediate purpose affect conduct women moreover petitioners target women sex specifically capacity become pregnant abortion also obvious petitioners conduct motivated least part invidious belief individual women capable deciding whether terminate pregnancy allowed act decision petitioners blanket refusal allow women access abortion clinic overrides individual class member choice matter whether victim rape incest whether abortion may necessary save life even whether merely seeking advice information options petitioners conduct designed deny every woman opportunity exercise constitutional right women possess petitioners conspiracy combines massive defiance law violent obstruction constitutional rights fellow citizens represents paradigm kind conduct statute intended cover recognizes requisite animus may readily presumed basis relationship targeted activity membership targeted class ante insists opposition act engaged exclusively members protected class involve animus unless act irrational object disfavor ibid view requires subjective judicial interpretation inappropriate civil rights context seems rational oppressor seems equally irrational victim opposition desegregation opposition voting rights women certainly one time considered rational propositions propositions never free discrimination protects members classes activity traveling clinic obtain abortion course exclusively performed women opposition activity may irrational violent interference unquestionably aimed women offers justification newly crafted suggestion deliberately imposing burden activity exclusively performed women discrimination unless opposition activity also irrational apparently willing presume discrimination opposition targeted activity eyes wholly pretextual thinks rational person oppose activity except means achieving separate distinct goal analysis makes sense every member protected class exercises constitutional rights rational excuse remains otherwise invidious discrimination every member every protected class chooses exercise constitutional rights want many women obtain abortions many women oppose abortion mean violently prevent exercise right women exercise somehow cleansed discriminatory intent enacting law federal courts enforce congress asked us see excuses rational motives always disguise discrimination congress asked us foresee speed day discrimination matter well disguised unmasked statutory relief discriminatory effects second definition animus disdainfully proposed reason insist statutory claim must satisfy restrictions impose constitutional claims fourteenth amendment congressional statute may offer relief discriminatory effects even fourteenth amendment prevents discriminatory intent attempts refute finding animus relying cases holding governmental denial either disability benefits pregnant women abortion funding violate constitution reliance misplaced several reasons cases involving constitutional challenges governmental plans denying financial benefits pregnant women cases involving equal protection challenges facially neutral statutes discriminatory effects involve different concerns reach justifiably different results case involving citizens statutory protection burdens imposed constitutional rights geduldig aiello faced question whether state disability insurance system violated fourteenth amendment excluding benefits normal pregnancy majority concluded system constitute discrimination basis sex prohibited equal protection clause geduldig course purport establish matter logic classification based pregnancy gender neutral abstract statement proposition simply false classification based pregnancy classification use example classification based wearing yarmulkes classification geduldig understood holding matter law classifications never violate equal protection clause fact language opinion makes clear geduldig held every legislative classification based pregnancy equivalent equal protection purposes explicitly distinctions struck frontiero richardson reed reed geduldig must understood narrower terms apparent sentence quotes part true women become pregnant follow every legislative classification concerning pregnancy classification like considered reed supra frontiero supra geduldig emphasis added central holding geduldig belief disability insurance system plan conferred benefits evenly men women later cases confirmed holding geduldig depended analysis insurance plan benefit program overall nondiscriminatory effect nashville gas satty applied statute without intent requirement employer policy denying accumulated seniority employees returning pregnancy leave notwithstanding geduldig found policy burdened women therefore constituted discrimination basis sex stated petitioner merely refused extend women benefit men receive imposed women substantial burden men need suffer distinction benefits burdens one semantics distinction oppose abortion physically threaten women obstruct access abortion clinics also semantic petitioners case form mob seeks impose burden women forcibly preventing exercise right women possess discriminatory effect petitioners conduct beyond doubt geduldig inapplicable another reason issue animus case arises statutory constitutional context powerful reasons giving reading broader constitutional holdings relies constitutional cases apply intent standard determine whether constitutional violation occurred cases apply animus test determine whether constitutional violation occurred violation independently established determine whether violation remedied given differing roles intent standard animus requirement play jurisprudence justification applying stringent standards context constitutional cases matter statutory interpretation always believed rules place special burdens pregnant women discriminate basis sex capacity become pregnant inherited immutable characteristic primarily differentiates female male general electric gilbert stevens dissenting continue believe view inform construction civil rights legislation view also one affirmed congress pregnancy discrimination act stat amended title vii civil rights act et seq act categorically expressed congress view discrimination based woman pregnancy face discrimination sex newport news shipbuilding dry dock eeoc geduldig held classification constitute forbidden sex discrimination classification related benefits discriminatory effect pregnancy discrimination act congress rejected geduldig focus benefits overall impact instead insisting discrimination basis pregnancy necessarily constitutes prohibited sex discrimination see pp statements bill proponents demonstrate disapproval reluctance gilbert geduldig recognize discrimination basis pregnancy always discrimination see remarks hawkins seems common sense since women become pregnant discrimination pregnant people necessarily discrimination women two terms ago automobile workers johnson controls faced question whether classification based childbearing capacity violated statutory ban discrimination case arising title vii concerned johnson controls policy excluded women capable bearing children jobs requiring exposure lead johnson controls sought justify policy basis maternal exposure lead created health risks fetus first question addressed whether policy facially discriminatory alternatively facially neutral merely discriminatory effect concluded policy facially discriminatory policy neutral held apply reproductive capacity company male employees way applies females johnson controls thought signaled recognition classifications based ability become pregnant necessarily discriminatory vi respondents right engage interstate travel inseparable right seek exercise right unduly burdened frustrated petitioners conspiracy protected federal constitution recently reaffirmed planned parenthood southeastern casey almost two decades ago squarely held right enter another state purpose seeking abortion services available protected privileges immunities clause art iv doe bolton woman right engage interstate travel purpose either entitled special respect exercising constitutional right restrictive rules home state may make travel another state imperative federal courts uniquely situated protect right reason well suited protect privileges immunities enter ply trade see blake mcclung district conclusion petitioners intended interfere right engage interstate travel well supported record interference woman ability visit another state obtain abortion essential petitioners achievement ultimate goal complete elimination abortion services throughout lesser purpose explain rescue operations even single locality effect petitioners blockade interstate travel substantial percent patients targeted clinic virginia half patients one maryland clinics interstate travelers making destination inaccessible women engaged interstate travel single purpose unquestionably burden travel burden foreseeable natural consequence blockades indeed also one intended consequences petitioners conspiracy today advances two separate reasons rejecting district conclusion petitioners deliberately deprived women seeking abortions right interstate travel first relying excerpt opinion guest assumes predominant purpose purpose conspiracy must impede interstate travel ante second assumes even intentional restriction travel permissible imposes equal burden intrastate travel first reason reflects mistaken understanding guest griffin second unsupported precedent reason guest case squarely held federal constitution protects right engage interstate travel private interference word opinion suggests constitutional protection limited impediments discriminate nonresidents instead broadly referred federal commerce power authorizes congress legislate protection individuals violations civil rights impinge free movement interstate commerce held right interstate travel one federal rights protected private interference criminal statute enacted enforcement act stat later codified statute previously construed contain stringent scienter requirement save condemnation criminal statute failing provide adequate notice proscribed conduct brennan concurring part dissenting part see also guest opinion explained history limit coverage mean course every criminal conspiracy affecting individual right free interstate passage within sanction specific intent interfere federal right must proved trial defendants entitled jury instruction phrased terms screws thus example conspiracy rob interstate traveler violate predominant purpose conspiracy impede prevent exercise right interstate travel oppress person exercise right whether motivated racial discrimination conspiracy becomes proper object federal law indictment case brought mistaken criminal sanctions originally included ku klux act held unconstitutional century ago harris baldwin franks statute codified enacted year earlier ku klux act texts two statutes materially different even inappropriate assume strict scienter requirement criminal statute glibly incorporated civil statute significant dramatic difference language includes unequivocal intent requirement language broadly describes purpose deprive another protected privilege either directly indirectly indirect interference right travel may violate even violate interpreted right interstate travel generously griffin wrote allegations open petitioners prove trial engaging interstate travel intended federal right travel interstate one rights meant discriminatorily impaired conspiracy conspirators intended drive civil rights workers state meant deter petitioners associating persons evidence make clear petitioners suffered conduct congress may reach power protect right interstate travel griffin implausibility readings griffin guest matched conclusion burden interstate travel permissible long equal burden imposed local travelers long recognized burden interstate commerce may invalid even burden imposed local commerce see pike bruce church dean milk madison southern pacific arizona ex rel sullivan fact impermissible burden readily identified discriminates nonresidents justify immunizing conduct evenhandedly disrupts local interstate travel defendants griffin example refuted claim interfered right travel demonstrating indiscriminately attacked local civil rights activists well nonresidents case petitioners deliberately blockaded access destinations sought class women including local interstate travelers even though petitioners may known travelers crossed state line petitioners unquestionably knew many conclusion district petitioners engaged conspiracy purpose either directly indirectly depriving women seeking abortions related medical counseling services right travel abundantly supported record discrimination necessary element animus requirement abridgment woman right engage interstate travel perhaps nowhere else opinion reject obvious assumptions authors reconstruction congress startled think learn protected freed slaves supporters klan violence covered thirteenth amendment klan members spared local abolitionists wrath shocked learn law offered relief klan lynching abolitionist plaintiff show klan specifically intended prevent travel yet impossible requirements imposes plaintiff shown right travel deliberately significantly infringed difficult know whether waiting abortion clinics finds petitioners behavior violates right travel believes petitioners never violate right long oppose abortion woman seeks obtain well travel necessary obtain vii respondents unquestionably established claim second clause state hindrance provision record amply demonstrates petitioners successful efforts overpower local law enforcement officers rescue operations duly constituted authorities rendered ineffective mob violence prevails conspiracy seeks force numbers prevent local officials protecting victims constitutional rights presents exactly kind pernicious combination second clause designed counteract recognized griffin second clause explicitly concerns interference state officials reason duplicate coverage first clause griffin petitioners conspiracy hinders lawful authorities protecting women constitutionally protected right choose whether end pregnancies though may right protected state infringement clear preventing government officials safeguarding exercise right petitioners conspiracy effects deprivation redressable see carpenters scott blackmun dissenting see also great american fed sav loan assn novotny stevens concurring conspiracy seeks interfere law enforcement officers performance duties entails sufficient involvement state implicate federally protected right choose abortion give rise cause action previously considered whether animus element claim second clause however confronted question whether animus requirement developed griffin extend another part ku klux act portion codified provision generally proscribes conspiracies interfere federal proceedings enacted part paragraph ku klux act also contained reason kush rutledge defendants contended plaintiffs burden proving alleged conspiracy intimidate witnesses motivated kind animus described griffin appeals rejected contention reasoning briefly summarized kush highly relevant noting federal government unquestioned constitutional authority protect processes courts absence need limit first part avoid creating general federal tort law appeals declined impose limitation set forth griffin breckenridge kush suggests griffin strictly construed animus requirement developed first clause limit different second clause explained although griffin arose first clause petitioners argue reasoning applied remaining portions well accept argument three reasons first scope griffin opinion carefully confined portion us griffin see also suggestion opinion reasoning applies portion second analysis griffin opinion relied heavily fact sponsors bill added equal protection language response objections enormous sweep original language vastly extended federal authority displaced state control private conduct legislative background apply portions statute prohibit interference federal officers federal courts federal elections third greatest importance statutory language provides textual basis invidiously discriminatory animus requirement simply appear portion statute applies case context conspiracy hinders state officials violates respondents constitutional rights animus inferred conspirators conduct burdens activity engaged predominantly members class indeed faithful griffin text state hindrance clause hold clause proscribes conspiracies prevent local law enforcement authorities protecting activities performed exclusively members protected class even conspirators animus directed activity rather class members thus even yarmulkes rather jews object conspirators animus statute prohibit conspiracy hinder constituted authorities protecting access synagogue place worship persons wearing yarmulkes like civil rights legislation statute broadly construed provide federal protection kind disorder anarchy unable control effectively animus understood suggested conduct covered state hindrance clause follows conspiracy violates victims constitutional rights overwhelming local authorities nature victimizes predominantly members particular class doubt whether possible describe conduct closer core coverage account perfectly describe conduct ku klux klan group whose activities prompted enactment statute description also applies petitioners conspired deprive women constitutional right choose abortion overwhelming local police blockading clinics intended effect preventing women exercising right possess state hindrance clause thus provides independent ground affirmance viii sum irrelevant whether correct assumption opposition abortion necessarily evidence intent disfavor women many opponents abortion respect law rights others make decisions important matter petitioners however mere opponents abortion defiant lawbreakers engaged massive concerted conduct designed prevent women making minds issue abortion general also whether exercise right women women possess indeed error infects entire opinion unstated mistaken assumption case opposition abortion case exercise federal power control interstate conspiracy commit illegal acts doubt opponents abortion like members citizenry large understand existence federal jurisdiction appropriate case kind concludes analysis suggesting contrary interpretation condemned massive conducted promote desegregation wildly improbable result see ante suggestion profoundly misguided assumes must totally reject animus requirement affirm district fact need construe requirement satisfy purpose moreover demonstrations motivated desire extend equal protection laws classes impose burdens disadvantaged class engaged nonviolent refers challenging political economic system denied basic rights dignity equality country fought civil war secure naacp claiborne hardware suggestion analogy struggle achieve equality petitioners concerted efforts deny women equal access constitutionally protected privilege may rhetorical appeal insupportable record us justify majority parsimonious construction important federal statute respectfully dissent thus example sherman act stat response concern concentrations economic power effectively controlled state enforcement common law doctrines restraint trade see letwin law economic policy america see volunteer medical clinic operation rescue national organization women operation rescue new york state national organization women terry cert denied women health care services operation rescue national planned parenthood assn san mateo cty holy angels catholic church nd cal national organization women operation rescue dc southwestern medical clinics nevada operation rescue national organization women operation rescue ed portland feminist women health center advocates life roe operation rescue ed new york state national organization women terry sdny see lucero operation rescue birmingham national abortion federation operation rescue cd cal lucero operation rescue birmingham nd national organization women operation rescue district findings described risk serious physical psychological injuries caused petitioners conduct example women elect undergo abortion clinic medical personnel prescribe insert laminaria achieve cervical dilation instances timely removal laminaria necessary avoid infection bleeding potentially serious complications rescue demonstration closes clinic patients requiring laminaria removal procedure vital medical services must either postpone required treatment assume attendant risks seek services elsewhere uncontradicted trial testimony established numerous economic psychological barriers obtaining services elsewhere hence rescue demonstration creates substantial risk clinic patients may suffer physical mental harm uncontradicted trial testimony trained mental health professional established blockading clinics preventing patient access cause stress anxiety mental harm women abortions scheduled time ii women abortion procedures laminaria insertion already underway iii women seeking counseling concerning abortion decision ibid omitted ibid presumably fact well understanding jurisdictional issue contributed decision attorney general virginia file brief amicus curiae supporting federal jurisdiction case city attorney falls church virginia also filed amicus curiae brief supporting respondents see district findings contain several examples illustrating character petitioners rescue operations example almost weekly basis last five years commonwealth women clinic target rescue demonstrations operation rescue one largest occurred october rescue succeeded closing clinic notwithstanding efforts falls church police department rescuers trespass clinic property physically block entrances exits also defaced clinic signs damaged fences blocked ingress egress clinic parking lot parking car center parking lot entrance deflating tires occasions rescuers strewn nails parking lots public streets abutting clinics prevent passage cars less year later april similar rescue demonstration closed metropolitan family planning institute district columbia approximately four hours clinics maryland district columbia closed result rescues november following weekend november hillcrest women district columbia closed eleven hours result rescue demonstration five women earlier commenced abortion process clinic laminaria inserted prevented rescuers entering clinic undergo timely laminaria removal omitted subsequently noted constitutional concerns supported limiting construction adopted collins apply private conspiracy massive effective supplants state authorities thus satisfies state action requirement griffin caution regard echoes recorded debates enacting congress see griffin breckenridge great american fed sav loan assn novotny held provide remedy retaliatory discharge violated title vii civil rights act et seq occasion agree disagree appeals holding conspiracies motivated invidious animus women fall within concluded deprivation subsequently created title vii statutory right form basis claim carpenters scott arose labor dispute union organizers assaulted two nonunion employees vandalized equipment owned employer held provide remedy two reasons first alleged violation first amendment insufficient claim state involved conspiracy aim conspiracy influence state action second concluded group action resting economic commercial animus animus favor unionization constitute kind discrimination discussed opinion griffin breckenridge introductory paragraph opinion made clear case involved scope remedy made available first clause see see bradwell state wall reasoning concurring justices surely evidenced invidious animus even though rested traditional views woman place society rather overt hostility toward women justices wrote civil law well nature always recognized wide difference respective spheres destinies man woman man woman protector defender natural proper timidity delicacy belongs female sex evidently unfits many occupations civil life constitution family organization founded divine ordinance well nature things indicates domestic sphere properly belongs domain functions womanhood harmony say identity interests views belong belong family institution repugnant idea woman adopting distinct independent career husband firmly fixed sentiment founders common law became maxim system jurisprudence woman legal existence separate husband regarded head representative social state notwithstanding recent modifications civil status many special rules law flowing dependent upon cardinal principle still exist full force one married woman incapable without husband consent making contracts shall binding paramount destiny mission woman fulfil noble benign offices wife mother law creator bradley joined swayne field concurring judgment see goesaert cleary prescient dissenting opinion written accords current understanding idea equality justice rutledge appropriately selected word invidious characterize statutory discrimination male female owners liquor establishments see nashville gas satty last term fort gratiot sanitary landfill michigan dept natural resources found michigan discriminated interstate commerce garbage even though statutory scheme discriminated landfill operators michigan well located personnel administrator mass feeney inquired whether challenged conduct undertaken least part merely spite adverse effects upon identifiable group nonsensical say petitioners blockaded clinics spite effect blockades women mischaracterizes analysis ignoring distinction classification sex based classification constitutes sexual discrimination prohibited constitution statute see ante classification sex based classifies basis sex capacity become pregnant characteristic necessarily associated one sex classification based capacity become pregnant classification based sex see sunstein neutrality constitutional law special reference pornography abortion surrogacy footnotes omitted first point restrictions abortion seen form sex discrimination proper analogy law targeted solely women thus contains de jure distinction basis sex statute explicitly addressed women course form sex discrimination statute involves defining characteristic biological correlate female treated precisely way law said woman may obtain abortion readily seen classification law saying person may obtain abortion meaning fact men may also punished abortion laws example male doctors mean restrictions abortion laws calling racial segregation make impermissible whites well blacks desegregate make laws correct say restrictions abortion merely discriminatory impact women therefore treated way neutral weight height requirements disproportionate effects women requirements men women sides legal line abortion restrictions exclusively target women law prohibited pregnant women pregnant people appearing streets daylight readily seen form de jure sex discrimination restriction abortion features refers petitioners opposition voluntary abortion ante clear means voluntary context petitioners opposition certainly limited elective abortions petitioners conduct evidences belief better woman die fetus carries aborted see nn supra discussion record suggests district made finding petitioners motivated purpose directed women class see ibid district made finding finding inconsistent district conclusion petitioners animus satisfied animus requirement see limitations analysis apparent example invokes tax wearing yarmulkes tax jews ante yarmulke tax become less tax jews taxing authorities really wish burden wearing yarmulkes fact many jews wear yarmulkes like fact many women seek abortions prevent finding tax like petitioners blockade targeted particular class argument quoted supra professor sunstein adds means clear geduldig extended case pregnant people example forced stay indoors certain periods subjected unique criminal civil disability emphasized nothing record suggested actuarial value insurance package greater men women see indeed even exclusion coverage disability benefited men women noted dual distribution benefits lines program divides potential recipients two groups pregnant women nonpregnant persons fiscal actuarial benefits program thus accrue members sexes see newport news shipbuilding dry dock eeoc quoting geduldig includes language relies today stated principal emphasis text geduldig opinion unlike quoted reasonableness state cost justifications classification insurance program turner utah dept employment security per curiam observing opinion de mention coverage limitations insurance principles central geduldig aiello general electric gilbert relying reasoning geduldig emphasized notwithstanding pregnancy exclusion plan shown provide women group lower level health benefits abortion funding cases cited similarly turn distinction denial monetary benefits imposition burden see maher roe basic difference direct state interference protected activity state encouragement alternative activity consonant legislative policy see also harris mcrae harris maher suspect classification considered indigency relying san antonio independent school dist rodriguez dandridge williams rejected argument financial need alone identifies suspect class maher harris citing maher failure meet intent standard imposed fourteenth amendment preclude finding animus much fourteenth amendment jurisprudence concerns permissibility particular legislative distinctions case law evolved focuses impermissible discrimination may inferred face arguably neutral legislation policy see personnel administrator mass feeney arlington heights metropolitan housing development washington davis recognized even constitutional cases disproportionate impact may provide powerful evidence discrimination see feeney arlington heights davis developing intent standard though expressed reluctance subject facially neutral legislation judicial invalidation based effect alone question whether law neutral face serving ends otherwise within power government pursue davis violates equal protection clause indisputable governmental body violate constitution purpose burdening abortion infringed person federally protected right travel doe bolton governmental conduct actionable ku klux act private parties jointly participated conduct liable see lugar edmondson oil adickes kress animus requirement determines whether private conspiracy violate federal right travel right protected private interference similarly gives rise federal cause action pregnancy discrimination act passed reaction decision gilbert relied geduldig uphold pregnancy exclusion private employer disability insurance plan challenged title vii enacting pregnancy discrimination act congress directly repudiated logic result gilbert see newport news congress amended title vii unambiguously expressed disapproval holding reasoning gilbert decision house senate reports state act adopts position held justices dissented gilbert discrimination basis pregnancy discrimination account sex pp see newport news although two justices dissented portions decision doe bolton see member expressed disagreement proposition moreover even view two justices dissented roe wade law woman right enter another state obtain abortion deserve strong protection position espoused dissenters diversity among regulation abortion procedures magnify importance unimpeded access facilities see gypsum distinguishing intent requirement civil criminal violations sherman act confusion intent element intent required criminal civil rights statutes particularly surprising griffin breckenridge anticipated mistake explicitly warned indeed griffin expressly rejected idea contained specific intent requirement finding specific intent necessary violation guest relied screws also construed criminal statute require specific intent see guest griffin unmistakably distinguished kind specific intent requirement mental element required claim griffin stated motivation requirement must confused test specific intent deprive person federal right made definite decision rule law articulated plurality opinion screws language hardly clear griffin took care differentiate invidiously discriminatory animus require specific intent violate right distinguishing screws griffin cited monroe pape declined find specific intent requirement actions see monroe see also frankfurter concurring part dissenting part section like enacted part ku klux act provides civil enforcement federal rights pattern clear criminal statutes require specific intent violate right civil statutes repeated invocation word aim simply support attempt manufacture specific intent requirement whole cloth observes carpenters scott uses expression aimed carpenters relate phrase specific intent requirement way suggest action requires proof specific intent griffin also uses phrase aim conspiracy words must aim deprivation equal enjoyment rights secured law emphasis added unlike carpenters griffin discuss whether requires specific intent appended sentence contains phrase aim explains motivation aspect focuses scienter relation deprivation rights invidiously discriminatory animus today insisting requires specific intent violate right contradicts griffin finds one mental elements relate scienter relation deprivation rights seeking justify departure precedent describes passage griffin includes discussion specific intent relation supremely irrelevant ante gather means find irrelevant lower courts reluctant ignore griffin plain language see fisher shamburg cameron brock azar conley weiss patrick aff cert denied two persons state territory conspire go disguise highway premises another purpose preventing hindering constituted authorities state territory giving securing persons within state territory equal protection laws case conspiracy set forth section one persons engaged therein cause done act furtherance object conspiracy whereby another injured person property deprived exercising right privilege citizen party injured deprived may action recovery damages occasioned injury deprivation one conspirators emphasis added see full text civil rights act stat quoted appendix opinion kush rutledge part crabbed interpretation statute asserts scope conspiracy irrelevant determining whether activities reached see ante suggestion contradicted prior cases recognized magnitude conspiratorial undertaking may indeed relevant ascertaining whether conduct actionable see griffin collins hardyman generally comments evidence renunciation effort construe civil rights statute accordance intended purpose griffin novotny carpenters construction statute guided understanding congress goals enacting ku klux act today departs practice construes without reference purpose history common understanding civil war era statute novotny powell concurring represents sad unjustified abandonment valuable interpretive tradition course completely reject resort statutory purpose rely legislative intent limiting reach statute requirement animus example owes much griffin analysis congressional purpose text two terms ago noted recent years vacillated purely literal approach task statutory interpretation approach seeks guidance historical context legislative history prior cases identifying purpose motivated legislation west virginia univ hospitals casey dissenting opinion today selectively employs approaches give statute narrowest possible construction justice kennedy reminder denial relief individual respondents prevent calling attorney general help ante puzzling ironic given role administration played related cases support operation rescue see brief amicus curiae women health care services operation compare memorandum amicus curiae griffin breckenridge justice justice blackmun joins dissenting petitioners act organized groups overwhelm local police forces physically blockade entrances respondents clinics purpose preventing women exercising legal rights title provides federal remedy private conspiracies aimed depriving person class persons equal protection laws equal privileges immunities laws view respondents injuries petitioners activities fall squarely within ambit statute reconstruction congress enacted civil rights act also known ku klux act act stat combat chaos paralyzed south wilson garcia briscoe lahue section act extended protection federal courts effectively prevented exercising civil rights threat mob violence although immediate purpose combat animosity blacks supporters carpenters scott language act like many reconstruction statutes expansive historical circumstances inspired civil remedy component codified speaks general terms provides federal cause action person injured deprived legal right two persons state territory conspire go disguise highway premises another first purpose depriving either directly indirectly person class persons equal protection laws equal privileges immunities laws second purpose preventing hindering constituted authorities state territory giving securing persons within state territory equal protection laws yet holds otherwise primarily basis element cause action appear face statute adhering adamantly choice words griffin breckenridge supra holds petitioners exhibit invidiously discriminatory animus clinics women serve parse griffin finely focus phrase exclusion reasons adopting element civil action explained griffin animus requirement derived statute legislative history case recounted original civil rights bill proposed criminal punishment private individuals conspired intent act violation rights privileges immunities another person quoting cong globe app bill amended placate believed proposed language sweeping accordingly amendment narrowed criminal provision reach conspiracies deprived person class persons equal protection laws equal privileges immunities laws cong globe emphasis supplied amendment also added civil remedy harmed conspiracies codified looking congressional purpose statute legislative history exhibited concluded must racial perhaps otherwise invidiously discriminatory animus behind conspirators action conspiracy words must aim deprivation equal enjoyment rights secured law griffin footnotes omitted griffin narrowing construction rational effort honor language statute without providing federal cause action tortious conspiratorial interferences rights others animus requirement avoids constitutional difficulties federalizing every crime tort committed two persons giving effect enacting congress condemnation private action individuals account group affiliation perhaps clearest expression intent found statement senator edmunds managed bill floor senate explained colleagues congress undertake bill interfere might called private conspiracy growing neighborhood feud appear conspiracy formed man democrat please catholic methodist vermonter section reach cong globe indeed senator edmunds comment scope act illustrative general concern congress extending federal protection diverse classes nationwide see app garfield legislation protects particular classes citizens certain classes individuals app barry white black native adopted citizens app lowe classes persons every complexion whatever politics app buckley yes even women griffin requirement animus reasonable shorthand description type actions congress attempting address beginning carpenters scott however shorthand description began take life case majority held conspiracies motivated bias toward others account economic views activities constitute discrimination within reach statute agreed dissent however nstead contemplating list actionable class traits congress mind functional definition scope intended provide federal remedy classes seek exercise legal rights unprotected circumstances similar victims klan violence opinion blackmun emphasis deleted accordingly found provided remedy nonunion employees injured mob violence union town whose residents resented nonunion activities reason find case statute covers petitioners conspiracy clinics clients like klan conspiracies congress tried reach enacting etitioners intended hinder particular group exercise legal rights membership specific class ibid controversy associated exercise rights although legitimate makes clinics women serve especially vulnerable threat mob violence women seeking clinics services simply group victims tortious action case carpenters petitioners intended targets clearly identifiable virtue affiliation activities tortious action occurs even dissented carpenters still find today case reaches conspiracies targeted class petitioners actions fall within category agree justice stevens text statute provides basis excluding coverage cognizable class persons entitled equal protection laws ante dissenting opinion least classes protected must encompass classifications determined merit heightened scrutiny state action equal protection clause fourteenth amendment classifications based gender fall within narrow category protected classes mississippi univ women hogan craig boren surprisingly seven federal courts appeals addressed question reached conclusion class women falls within protection statute stathos bowden new york state national organization women terry cert denied novotny great american fed sav loan en banc vacated grounds national organization women operation rescue volk coler conroy conroy life ins north america reichardt justice white observed clear sex discrimination may sufficiently invidious come within prohibition great american fed sav loan assn novotny dissenting opinion women protected class think statute must reach conspiracies whose motivation directly related characteristics unique class victims petitioners tortious actions linked ability become pregnant ability terminate pregnancies characteristics unique class women petitioners activities directly related class characteristics therefore believe appropriately described class based within meaning holding griffin petitioners assert even activities class based motivated discriminatory animus profound opposition practice abortion doubt sincerity opposition assessing motivation behind petitioners actions sincerity opposition surmount manner chosen express petitioners free express views variety ways including lobbying counseling disseminating information instead chosen target women seeking abortions prevent exercising equal rights law even without relying federally protected right abortion petitioners activities infringe number interests including state laws make abortion legal ann state laws protect force intimidation violence ann supp trespassing instigating trespass prevent rendering services persons lawfully premises obstructing free passage others conspiring injure another business profession undeniably petitioners purpose target protected class account class characteristics prevent equal enjoyment personal property rights law element discrimination griffin read require showing agree use unlawful means achieve one goal relevant discussion animus ante contrary deliberate decision isolate members vulnerable group physically prevent conducting legitimate activities irrelevant assessing motivation cf maher roe noting basic difference constitutional equal protection analysis direct interference protected activity encouragement alternative activity clinics issue lawful operations women seek services lawfully opinion petitioners unlawful conspiracy prevent clinics serving women targeted petitioners virtue class characteristics private deprivation equal protection laws within reach finds absence discriminatory animus reference decisions construing scope equal protection clause reinforces conclusion recourse dictionary definition word invidious see ante first step fitting respondents challenging state action second proper word invidious appeared statute construing noted griffin requirement invidiously discriminatory animus shorthand description congressional purpose behind legislation became microscopic examination language chose griffin substitute giving effect congress intent enacting relevant legislative language violation right animus effect strike citizen end may enjoy equality rights contrasted citizens rights shall within scope remedies section cong globe shellabarger statute designed address deprivations caused private actors invocation cases construing reach equal protection clause fourteenth amendment misplaced relies geduldig aiello maintained purposes fourteenth amendment every legislative classification concerning pregnancy classification case construed constitutional provision governing state action far different determining scope statute aimed rectifying harms inflicted private actors fact stark contrast constitutional holding geduldig congress declared purposes interpreting recent antidiscrimination statute classification based pregnancy considered classification basis sex see pregnancy discrimination act stat newport news shipbuilding dry dock eeoc similarly although determined successful constitutional challenge regulation disproportionately affects women must show legislature selected reaffirmed particular course action least part merely spite adverse effects upon identifiable group personnel administrator mass feeney congress recently made clear position showing subjective intent discriminate always necessary prove statutory discrimination see civil rights act stat today case see reason hold plaintiff constitutional standard invidious discrimination employed fourteenth amendment jurisprudence sure language amendment equal protection clause similar century fourteenth amendment adjudication made understandably difficult conceive might constitute deprivation equal protection laws private persons griffin resolves difficulty construing two provisions tandem although surely requirement cf romero international terminal operating explaining statutory grant arising jurisdiction need mirror reach art iii arising jurisdiction focus similarities two provisions differences equal protection clause guarantees state shall deny person within jurisdiction equal protection laws amdt emphasis added view simply repeat guarantee provides complement private actor may conspire purpose depriving person class persons equal protection laws emphasis added unlike deny connotes withholding word deprive indicates intent prevent private actors taking away state seen fit bestow distinction choice words significant light interrelated objectives two provisions fourteenth amendment protects state action erects shield merely private conduct however discriminatory wrongful shelley kraemer section contrast meant reach private action griffin supra given difference focus interpret discriminatory animus statute establish high threshold must met find state engaged invidious discrimination violation constitution congress well appreciated private actors acting groups devastating exercise civil rights hostile state actors pose even greater danger operate unregulated realm divorced responsibilities checking functions government recognition danger hold griffin element discrimination met whenever private conspirators target actions members protected class virtue class characteristics deprive equal enjoyment rights accorded law case abortion assuredly disfavoring abortions state legislatures ante discussing maher roe harris mcrae rather case whether private conspiracy deprive members protected class legally protected interests gives rise federal cause action view precisely sort conduct congress sought address legislation codified precedents construing scope gender discrimination fourteenth amendment distract us properly interpreting scope statutory remedy ii second reason majority offers reversing decision petitioners activities intentionally deprive clinics clients right guaranteed private impairment requirement previously grafted onto first clause see carpenters find unnecessary address merits argument however content rest analysis solely basis respondents entitled invoke protections federal second clause whereas first clause statute speaks conspiracies whose purpose depriv either directly indirectly person class persons equal protection laws equal privileges immunities laws second clause addresses conspiracies aimed preventing hindering constituted authorities state territory giving securing persons within state territory equal protection laws respondents attempted brief issue supplemental brief reargument effort rejected majority see although issue open decided remand agree justice stevens espondents unquestionably established claim second clause state hindrance provision ante dissenting opinion previously occasion consider scope statute prevention hindrance provision clear second clause require actionable conspiracies aimed interfering rights protected private well official encroachment carpenters supra rather covers conspiracies aimed obstructing local law enforcement see griffin second clause prohibits interference state officials great american ed sav loan assn novotny stevens concurring like justice stevens satisfied review record district made findings adequately support conclusion petitioners activities intentionally designed impede local law enforcement securing equal protection laws clinics women serve see iii griffin resurrect ed interment collins hardyman hold statute provided federal remedy injured purely private conspiracies novotny supra white dissenting resurrection proved false hope indeed statute intended provide federal means redress targets private conspiracies seeking accomplish political social goals unlawful means today takes yet another step restricting scope statute point applied paradigm situation statute meant address respectfully dissent