A far left activist court...
It will be appealed... and they will get nothing.... count on it!
I am not certain how this case will end; however, there is at least a strong possibility the SCOTUS will reverse the lower court's decision. The following are excerpts from an article in
the FEDERALIST:
Breen has several solid grounds for appeal, and initially will likely challenge presiding judge William Orrick III’s refusal to recuse from the case. While appellate courts are hesitant to second-guess a trial court’s decision on whether recusal is required, in this case the facts strongly suggest recusal was required.
Specifically, Judge Orrick was a founder and a longtime officer and director of the Good Samaritan Family Resource Center, an organization which, according to Daleiden, houses and participates in a joint venture with one of the named Planned Parenthood affiliates. Further, during the pendency of this case, as Breen pointed out in briefing, Orrick was “held out to the public as serving as an Emeritus Board Member of [the Good Samaritan Family Resource Center].”
Judge Orrick’s refusal to allow Daleiden and the other defendants to testify concerning their reasonable beliefs about abuses in the fetal tissue business, from harvesting of organs from born-alive babies to selling tissue and body parts for profit, as well as the judge’s decision barring the admission of the video evidence, will also be areas ripe for reversal.
However, the most significant legal aspect of this case concerns the First Amendment—and it is that issue which will likely result in this case eventually reaching the Supreme Court. That prospect promises not just vindication for Daleiden but assures further exposure to the reality of the violence of abortion.
Breen’s argument has strong support in the case law, specifically the seminal circuit court decision involving undercover journalists:
Food Lion Incorp. v. Capital Cities ABC. That case also involved undercover journalists using false pretenses and hidden cameras to expose the heinous practices of butchers, albeit in that case they were working in Food Lion grocery stores and not abortion clinics.
Why The Planned Parenthood Whistleblower Will Hit The Supreme Court
