Sandra Susan Merritt, who exposed the alleged tissue harvesting of fetal body parts by Planned Parenthood in 2015, asked the Supreme Court this week to review a multimillion-dollar judgment against her.
The abortion giant sued Ms. Merritt and fellow anti-abortion activist David Daleiden, whom she worked with undercover for years to reveal the harvesting, trafficking and profiting of fetal tissue parts across the country. They believed the abortion industry’s conduct ran afoul of federal law pertaining to fetal tissue storage, movement and sale.
They created a fake company called Biomax, a tissue procurement start-up, and met with Planned Parenthood officials, secretly recording conversations.
The videos, which were released in 2015 publicly, alleged Planned Parenthood and abortion industry officials were breaking federal law, prompting investigations, criminal prosecutions and the shuttering of Medicaid contracts with Planned Parenthood in Texas.
Planned Parenthood, though, sued, alleging Ms. Merritt and Mr. Daleiden ran a criminal enterprise.
The San Francisco trial court ruled in favor of Planned Parenthood and against the pro-life duo, ordering more than a $14 million judgment to be paid in attorney fees and to Planned Parenthood.
The U.S. Circuit Court of Appeals for the 9th Circuit affirmed, prompting Ms. Merritt to appeal to the Supreme Court.
She argues in court papers the First Amendment’s press protections should apply to her news gathering and publication, noting the lower court didn’t let her use the First Amendment as a defense during trial.
“The First Amendment not only protects the publication of news; it also protects the news-gathering process, including undercover investigations, because without some protection for seeking out the news, freedom of the press could be eviscerated,’” lawyers for Ms. Merritt wrote in the petition to the high court.
For the Supreme Court to take the case, four of the justices have to vote in favor of hearing Ms. Merritt’s appeal.
A spokesperson from Planned Parenthood did not immediately respond to a request for comment.
Mat Staver, founder of Liberty Counsel, representing Ms. Merritt, said in a press statement Wednesday that they want the high court to undo “blatant injustice.”
“Every journalist and person who values free speech and a free press should be concerned with the implications of this case. We will fight for the free speech rights of all people,” he said.
The case is Merritt v. Planned Parenthood of America.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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