ACLJ To Ask for Ninth Circuit En Banc Review in Appeal of Unjust Planned Parenthood Verdict

In the case of Planned Parenthood Federation of America v. Center for Medical Progress, which has been ongoing since 2016, the ACLJ represents Troy Newman, a former board member of the Center for Medical Progress (CMP). Recently, a three-judge panel of the United States Court of Appeals for the Ninth Circuit ruled in Planned Parenthood’s favor (aside from one issue). We are now working on the next phase of the appeal.

This litigation will set an important precedent for the future of investigations of illegal abortion practices, and other pro-life advocacy and activities. As you may recall, undercover CMP journalists released videos in 2015 that documented improper activities related to the sale of the organs of aborted babies. One abortionist infamously joked, “I want a Lamborghini,” after haggling over how much money should be paid for specific types of organs of aborted babies. Financial bonuses were offered for harvesting more valuable body parts.

Both the United States Senate and the House conducted extensive investigations, referred Planned Parenthood affiliates and other entities to law enforcement agencies for further investigation, and issued reports that document evidence of profiting from the sale of fetal organs, altering abortion procedures for financial gain, and other criminal and unethical acts.

Planned Parenthood Federation of America and several of its affiliates sued CMP and individuals associated with CMP. After several years of litigation, a San Francisco jury ruled in Planned Parenthood’s favor and awarded them millions of dollars.

We filed opening and reply briefs with the Ninth Circuit, and asked the court to overturn the erroneous verdict. Our appeal has focused on the absurd finding that the undercover investigators were part of a racketeering enterprise under the RICO statute that was enacted to help the federal government combat organized crime families. Due to this incorrect finding, the amount of damages awarded to Planned Parenthood was tripled. Big Abortion has been trying this tactic for decades; for instance, the Supreme Court has rejected a novel RICO theory under which pro-life defendants were held to be liable.

Since the three-judge panel ruled in Planned Parenthood’s favor, the next step in the process is a petition for rehearing en banc to ask a larger group of judges to consider the case. Eventually, the case may end up before the Supreme Court. We will continue to keep you updated about this important case as it moves forward.

UPDATE: 12.14.22: The Ninth Circuit Court of Appeals has issued an order requiring Planned Parenthood to file a response to Defendants’ petitions for rehearing en banc. Planned Parenthood was not required to file a response absent such an order.