Abortion Lobby Faces United States Supreme Court Countdown in Daleiden Case

The clock is ticking down to January 26, 2018, which is the extended deadline for the National Abortion Federation to file a response to the petition filed by the legal team representing undercover journalist David Daleiden with the United States Supreme Court. US Supreme Court seal

Daleiden, who exposed Planned Parenthood’s role in the trafficking of aborted human baby body parts, has petitioned the high court to review and reverse a Ninth Circuit Court of Appeals decision affirming Judge William Orrick’s gag order that prohibits Daleiden from releasing videos he took at National Abortion Federation conferences.

In August 2017, the Thomas More Society filed a Petition for a Writ of Certiorari, asking the court to reverse the gag order. The National Abortion Federation failed to file a response to the Petition. Peter Breen, Thomas More Society Special Counsel, explained, “When a case is deemed significant enough to be filed with the Supreme Court, it is customary and expected that the opposition will file a written response. By not doing so in this case, the National Abortion Federation tried to signal that they didn’t believe the case was worthy of a response. The Supreme Court disagreed, and ordered the National Abortion Federation to file a formal, written response.”

About the gag order, Breen stated, “This injunction only serves to conceal from the public important and incriminating information about Planned Parenthood’s trafficking of the body parts and organs of dismembered children, children from whose intentional death they have already profited.”

The petition to reverse the order argues that no federal court has ever upheld a prior restraint like this, to conceal “speech of overwhelming public interest.” Daleiden has labeled the Court’s gag order “an unprecedented attack on the First Amendment” that is intended to conceal the misdeeds of Planned Parenthood and the National Abortion Federation.

“The layers of injustice here are manifold,” added Breen. “There is injustice toward Mr. Daleiden – impeding his freedom of speech and his ability to share serious information regarding a matter of public safety and disclosing illegal activity. There is injustice to the public, who has a right to know about the criminal behavior of Planned Parenthood – which receives hundreds of millions of dollars of taxpayer funds and is under investigation by the United States Department of Justice. Finally, there is the grave injustice to the unborn children, whose very bodies are being sold as if they were livestock.”

The Supreme Court’s order requiring the National Abortion Federation to file a written response is heartening, according to Breen. “The gravity of the biased censorship behind this gag order is evidently not lost on the Justices who occupy the bench of the highest court in the land,” he remarked.

Daleiden has also sought to disqualify Orrick due to his alleged bias, based on his personal relationship with one of the Planned Parenthood clinics involved in the lawsuits against Daleiden.

Read the Petition for Writ of Certiorari in David Daleiden, et al. v. National Abortion Federation, filed August 3, 2017, with the United States Supreme Court here.

Read additional information on the Daleiden Supreme Court filing here.