By Sarah Neely

Washington, DC – Earlier this week, the Supreme Court disappointingly refused to hear two cases that could have put an end to unconstitutional “buffer zone” ordinances meant to limit free speech in front of abortion clinics.

The first case came out of Carbondale, Illinois – an abortion destination where Operation Rescue has reported an alarming uptick in abortion injuries as well as hostility towards peaceful pro-life citizens.

Carbondale passed an ordinance in 2023 that forbade citizens to come within 8 feet of another person if that person was inside a 100-foot perimeter around the abortion clinic’s entrance – even when that perimeter included a public sidewalk or right-of-way. 

Coalition Life, a pro-life group that offers life-affirming options on the sidewalk outside of Carbondale abortion clinics, sued the city for violating the First Amendment, among other things. The lower courts ruled against them, citing the Supreme Court case Hill v. Colorado, which set precedence for the 8-foot rule in 2000 and has never been overturned, despite the Justices describing Hill as “defunct” and “long-discredited” in more recent decisions such as Dobbs. 

When it became obvious that Coalition Life would take their appeal to the Supreme Court, Carbondale repealed the ordinance, aiming to make the case moot. 

However, in a dissent from Justice Clarence Thomas, he notes that repealing the law is “not fatal to the petitioner’s claim.” 

In fact, Justice Thomas argues that the Carbondale law – which was in effect for over a year – is “identical” to the Colorado law found in Hill and would, therefore, “clearly and cleanly [present] the question of Hill’s viability.” In other words, this was a strong and straight-forward challenge to Hill that the Supreme Court should have treated as such. Justice Samuel Alito said he also would have heard the case.

The second case came out of Englewood, New Jersey. The New Jersey ordinance does not allow any citizens to stand within 8 feet of an abortion clinic entrance even if – like the Carbondale ordinance – that area is on a public sidewalk or right-of-way. The Supreme Court refused to hear this case as well.

“Sidewalk counseling, praying, and peaceful protest are all activities protected by the Constitution,” said Troy Newman, President of Operation Rescue. “Many of these kind-hearted people are simply trying to warn mothers of the danger posed by these clinics and of the grief and sorrow they will experience after abortion. Some are even offering to adopt the child, or offering a chance at free services. Why shouldn’t women get to consider all the facts? Abortion clinics certainly aren’t offering them.”

In the last two years, as Carbondale has developed into an abortion destination, Operation Rescue has reported on numerous incidents that should alarm any woman seeking an abortion there:

“Operation Rescue is incredibly disappointed that our Supreme Court refused to address ‘buffer zones’ that prevent law-abiding citizens from engaging abortion-minded women in a positive and life-affirming way,” added Newman. “These killing centers are perilous places for women and preborn children, and unconstitutional ‘gag rules’ only help dangerous abortion clinics lure these women in by silencing the only people standing by that day to offer real help. An offer of help that is absolutely protected by the First Amendment.”

This report may be republished with inclusion of the following acknowledgement: “This article was originally published by Operation Rescue, a leading pro-life, Christian activist organization dedicated to exposing abortion abuses, demanding enforcement, saving innocent lives, and building an abortion-free America. The author, Sarah Neely, is Project Coordinator for Operation Rescue.”