The U.S. Supreme Court recently denied Liberty Counsel’s petition for writ of certiorari regarding a request to review a ruling by the Ninth Circuit Court of Appeals against Sandra Merritt in Planned Parenthood’s civil lawsuit for her undercover investigation of the abortion provider.
In 2015 Merritt, along with David Daleiden, released videos exposing Planned Parenthood’s alleged involvement in the illegal trade of aborted baby body parts. The undercover work spanned nearly three years and exposed an underground market wherein Planned Parenthood supplied baby body parts to others for profit.
In response to that undercover journalistic work, Merritt has faced civil and criminal charges.
After the civil lawsuit was ruled in favor of Planned Parenthood, Liberty Counsel (who is representing Merritt) appealed her case to the U.S. Supreme Court. On Oct. 2, the Supreme Court declined to hear the case. The denial of review was without any comment by the high court.
Harry Mihet, Vice President of Legal Affairs and Chief Litigation Counsel for Liberty Counsel, told The Lancaster Patriot that “a grave injustice has taken place here with respect to Sandra.”
“You would think that with this kind of evidence [gathered by Merritt and Daleiden] the authorities would have gone after Planned Parenthood to shut it down,” Mihet said during an episode of The Lancaster Patriot Podcast. “But instead, it has been Sandra and David that have found themselves on the wrong side of the law because Planned Parenthood has appealed to its political allies.”
Mihet referred to Kamala Harris and Xavier Becerra, who both previously served as Attorney General of the State of California. Both Harris and Becerra have received campaign donations from Planned Parenthood, Mihet said.
Mihet said the idea that the undercover work included “filming confidential communications without consent” is a “complete farce.”
“These were communications that were filmed in crowded restaurants and crowded hotel lobbies, where they could clearly be overheard by others,” Mihet said.
In the civil case, a San Francisco jury awarded approximately $16 million in damages to Planned Parenthood. The abortion provider can determine the amount each person named in the lawsuit is responsible to pay, but legally Merritt is “on the hook” for the entire amount, Mihet said.
Liberty Counsel is also defending Merritt in the ongoing criminal case.
Mihet said that if Merritt is convicted in the criminal case, that case could be appealed to the U.S. Supreme Court.
He said he was hopeful the high court would accept the appeal if that happened.
