OAN Staff James Meyers
7:55 AM – Tuesday, February 25, 2025

The Supreme Court has declined to hear a challenge to the restrictions that had been placed on pro-life speech and protest activity within 100 feet of an abortion clinic. 

The case came to light after the pro-life group ‘Coalition Life’ challenged a Carbondale, Illinois, injunction that stopped pro-life sidewalk counseling within 100 feet of an abortion facility. The policy, which was first implemented in response to the overturning of Roe v. Wade, was repealed by the city as ‘Coalition Life’ prepared their appeal to the Supreme Court. 

On Monday, both Justices Samuel Alito and Clarence Thomas said that they would have heard the challenge. 

In agreement, both fellow conservative justices argued that the SCOTUS should have taken up the case, Coalition Life v. City of Carbondale, Illinois. 

The votes of four justices are required to bring a case up for review.

Thomas said Hill v. Colorado “has been seriously undermined, if not completely eroded, and our refusal to provide clarity is an abdication of our judicial duty.” He also added that he would’ve used the ‘Coalition Life’ case to override the hill decision. 

“This case would have allowed us to provide needed clarity to lower courts,” Thomas wrote in his dissent.

In that specific case, which was decided in 2000, the Supreme Court upheld a Colorado statute that prohibited individuals from “knowingly” approaching within eight feet of another person within 100 feet of a healthcare facility entrance. 

At the time, the court determined this law was a content-neutral regulation, place and manner of speech, serving the state’s interest in protecting individuals who were entering healthcare facilities from unwanted communication. The decision was 6-3, with Justices Thomas, Antonin Scalia and Anthony Kennedy who were in opposition of the other justices.

Meanwhile, the City of Carbondale, in southern Illinois, saw an increase in pro-life protests after two abortion clinics opened following the overturning of Roe v. Wade in 2022. 

‘Coalition Life,’ which is known for training sidewalk counselors to plead with women to not get abortions, was represented by lawyers with the Thomas More Society and former U.S. Solicitor General Paul Clement.

The only reason Carbondale repealed its ordinance was to be relieved from Supreme Court scrutiny, according to Peter Breen, who is the head of litigation for Thomas More Society. 

“On the eve of our petition deadline, Carbondale quietly repealed its bubble zone ordinance in a shadowy, four-minute, weekend meeting, knowing full well their bubble zone would fail constitutional scrutiny if it came before the Supreme Court,” Breen said. “While our clients are now able to sidewalk counsel freely in Carbondale, the city flagrantly violated their Free Speech rights for eighteen months, without penalty.”

Additionally, ‘Coalition Life’ Executive Director Brian Westbrook stated that his group would continue its work despite the court’s decision. 

“Our appeal may have been denied but across this nation, at hundreds of abortion facilities, a different sort of tragic ‘denial’ continues,” he said. “Cities and states across America are denying sidewalk counselors and law-abiding citizens their rights to inform women about their options… Women are being denied true choice as they are bullied into the only option that is offered by the abortion advocates.”

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