March 14, 2018 (Operation Rescue) – A final reply brief has been filed with the U.S. Supreme Court on behalf of Troy Newman, President of Operation Rescue, in a crucial case challenging an oppressive Federal Court gag order that is currently preventing the release of incriminating evidence against the National Abortion Federation and Planned Parenthood to state and Federal law enforcement.
The case, Newman v. National Abortion Federation, is seeking a Writ of Certiorari from the Supreme Court, which would open the way for arguments before the full Court challenging the constitutionality of a Ninth Circuit Court of Appeals gag order.
Representing Newman is Jay Sekulow and a team of attorneys from the American Center for Law and Justice. In an unrelated case, Seklow also represents President Donald Trump in the probe into so-called Russian collusion.
Newman v. NAF stemmed from a 2015 case, NAF v. Center for Medical Progress, in which the National Abortion Federation sued Newman in his capacity as a founding board member of the Center for Medical Progress, along with other CMP members, in an effort to block the release of additional undercover videos that showed Planned Parenthood, NAF executives, and middleman biotech companies discussing the buying and selling of aborted baby body parts for profit, which is illegal in the U.S.
An injunction blocking the release of further videos was granted, and that injunction is now the subject of Newman's Supreme Court appeal. Twenty state attorneys general have joined in the appeal after being blocked from accessing evidence needed for investigations in their own states.
The undercover videos released by the CMP beginning in July 2015, launched two Congressional investigations and a number of state investigations into the illegal trafficking in human aborted baby remains. As a result, both a Senate and House committee issued criminal referrals to local, state, and federal authorities recommending investigation and prosecution for a broad spectrum of criminal conduct related to the illicit baby parts trade.
Newman's attorneys argue that the Ninth Circuit gag order is unconstitutional since the Court erred in ruling that the undercover videos held no evidence of criminal wrongdoing. This completely ignored the two Congressional investigations that found ample evidence to issue the criminal referrals. The Ninth Circuit also ignored a $7.8 million settlement agreement reached in a lawsuit filed by the Orange County (CA) District Attorney against DaVinci Biosciences and DaVinci Biologics, which admitted it had procured aborted baby remains from Planned Parenthood for resale around the world. Those companies were forced to shut down as a result.
The Ninth Circuit further erred by enjoining individuals from voluntarily cooperating with government investigators.
The U.S. Department of Justice has confirmed that there is an ongoing investigation into Planned Parenthood, the NAF, and others involved in the profit-taking scheme.
“This case is critical and of national importance not only to our rights to Free Speech, but also to prevent corrupt or misguided courts from protecting criminals from prosecution by slapping an injunction on those who have evidence of their crimes,” said Cheryl Sullenger, Senior Vice President of Operation Rescue.
A decision from the Supreme Court on Newman's petition for a Writ of Certiorari is expected to be issued by the Court on March 29, 2018.
Published with permission from Operation Rescue.