Appeals court won’t dismiss lawsuit against Daleiden

Ninth Circuit Court of Appeals rules Planned Parenthood lawsuit against Center for Medical Progress can move forward

David Daleiden (Lisa Bourne / LifeSiteNews)

A federal appeals court rejected a pro-life effort to have Planned Parenthood’s lawsuit against the pro-life Center for Medical Progress (CMP) dismissed. The move ensures that the fight will continue over the undercover videos that revealed what many say is the abortion giant’s fetal organ harvesting activities.

On Wednesday, a three-judge panel of the Ninth Circuit Court of Appeals unanimously upheld U.S. District Judge William Orrick’s previous decision to let the lawsuit continue, Courthouse News reports.

In 2014 and 2015, CMP founder David Daleiden and other pro-life investigators had posed as representatives of a fetal tissue procurement company to attend abortion industry meetings in which Planned Parenthood and National Abortion Federation (NAF) officials made a variety of shocking statements about the sale of organs from aborted babies. CMP began releasing undercover videos of their findings in the summer of 2015, sparking an ongoing national scandal.

California prosecutors have charged Daleiden’s team with multiple felonies related to recording “confidential” communications, while Planned Parenthood and NAF are suing to prevent the release of further videos.

CMP had attempted to invoke California’s Strategic Lawsuit Against Public Participation (SLAPP) law, which Courthouse News summarizes as “meant to curtail frivolous or malicious lawsuits with the potential to chill free speech.”

But the Ninth Circuit’s ruling decided that the request would have “effectively allow[ed] the state anti-SLAPP rules to usurp the federal rules. We could not properly allow such a result.” It also determined that Planned Parenthood had shown enough substance to all fifteen of its claims to decide them at trial.

Planned Parenthood attorney Amy Bomse celebrated the ruling for “affirm[ing] the sufficiency of all 15 claims and that our case can proceed to hold them accountable” for “br[eaking] the law in order to spread malicious lies about Planned Parenthood.”

But Freedom of Conscience Defense Fund attorney Jeffrey Trissell, who is representing CMP, called the ruling “just another step in the case.”

“Many attorneys who specialize in SLAPP law will find it a very important opinion” he said, but it was not “of much note” from “a pro-life and religious liberty perspective,” because it merely determined that Planned Parenthood “had no evidentiary burden at this stage of the litigation.”

Planned Parenthood and its defenders in government and media have long argued that CMP’s videos were “deceptively edited,” and that there is no evidence Planned Parenthood broke the law. In fact, the videos show Planned Parenthood officials Deborah Nucatola and Mary Gatter making multiple references to illegal practices, including a desire to profit off of fetal organs on top of cost reimbursement, performing federally-prohibited partial-birth abortions, and altering abortion procedures in order to procure intact organs. Federal rules forbid abortionists from even knowing whether the parts of the baby they’re killing will be donated, to prevent any incentive for altering their methods at the risk of patient safety.

In one video, abortionist DeShawn Taylor even alludes to performing infanticide, saying the “key” to determining whether an intact, delivered baby shows signs of life after an attempted abortion is “pay[ing] attention to who’s in the room.”

Full story at LifeSiteNews.

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  1. Michael McDermott says:

    Of course they couldn’t know… ‘Wink, Wink, Nudge Nudge. Know what I mean…”

    So much for appeal to the Turkey Baster Creationist ‘9th Circus’

    Whatdayabet – it was one (0r more) of the ‘Clerks’ who decided the case, and then assigned it to a Rubber Stamp Panel?
    Justice – Or Just Us?

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