“The Lord is near to all who call on him, to all who call on him in truth.” Psalm 145:18
- Please pray for Craig Walterscheid who was charged with a felony for using spray chalk to raise awareness about abortion on a public sidewalk. A restitution hearing in the case is scheduled for May 19, 2023.
- Please pray for Ross Foti, who was seriously injured after a woman entering Planned Parenthood pushed him into a fire hydrant, puncturing Ross’ lung. The police finally completed their investigation and sent the report to the district attorney recommending prosecution. Three months later, after Life Legal urged calls from the public, the District Attorney filed two charges against Ross’s assailant: battery causing serious bodily harm and battery on an elder. Pretrial scheduled in June.
- Please pray for Lucas, a 15-year-old boy who is recovering from a severe brain injury. The hospital initially sought to declare him brain dead, but now they are working with Lucas’ family to find a long-term rehabilitative hospital for him. Doctors have been able to wean Lucas off of medications to control his blood pressure and heart rate, which is a positive development.
- Please continue to pray for a California woman who is recovering from a serious brain injury as a result of an asthma attack. Doctors said she would never recover, that she would never breathe on her own and never speak, but she is now able to breathe without a ventilator and is able to say a few words.
- Please continue to pray for Josh Barras, a disabled man whose wife planned to withdraw his food and water. We are representing Josh’s mother, who has been named as interim co-curator (guardian). Unfortunately, Josh’s wife insists on continuing litigation in this case, making it very difficult for Josh to receive the rehabilitative care he needs.
- Please continue to pray for Carol Everett and The Heidi Group, a network of pro-life women’s clinics in Texas. They have been under attack by the media, government bureaucrats, and even former employees since qualifying for state grant funding that would otherwise have gone to Planned Parenthood. A Life Legal attorney has filed a lawsuit against state workers and a former employee and the judge is allowing the case to move forward.
Pending Cases:
- Leroy Carhart (Germantown, MD): Life Legal is assisting in two lawsuits filed by a Maryland attorney on behalf of two women who were seriously injured following late term abortions. The case is currently in discovery. Carhart passed away in April, 2003, but the case continues.
- Washington DC Rescue: Eleven pro-lifers were indicted on federal FACE Act and conspiracy charges in connection with a rescue at Washington Surgi-Clinic, which is run by notorious late-term abortionist Cesare Santangelo. The judge asked for briefing on whether a right to abortion could be found in the 13th Amendment, which abolished slavery. Trial is scheduled for August 2023.
- Planned Parenthood v. Center for Medical Progress: Life Legal is preparing to file a petition with the U.S. Supreme Court in a case involving undercover journalists who published a series of videos showing Planned Parenthood officials negotiating the sale of body parts of aborted babies. David Daleiden and his colleague Susan Merritt are also facing criminal charges arising from their investigatory work. After a three-week preliminary hearing in San Francisco, eight of the sixteen felony criminal charges remain against Merritt and ten charges against Daleiden remain. Trial anticipated for September 2023.
- State of Louisiana v. Puckett and Goodman (Baton Rouge, LA)—Red Rose Rescuers who entered an abortion clinic to save babies and moms. Arrested and facing charges of Failure to Disperse. VICTORY: All charges have been dismissed!
- Jackson Women’s Health (Jackson, MS): Deathscort who was disrupting pro-life vigil by honking her horn while driving around abortion facility hit a pro-lifer with her car. Civil action is underway.
- Jackson Women’s Health (Jackson, MS): Deathscorts harassed and issued death threats against a pro-lifer. Investigation underway.
- SB 742: Challenge filed to California law that prohibits leafleting or counseling within 30 feet of any person who is within 100 feet of the entrance of any “vaccination site,” including any Planned Parenthood or other abortion mill that provides Gardasil or other vaccines. VICTORY! Judge struck down the section of the statute that would have criminalized pro-life speech and activities outside abortion clinics.
- AB1356: Filed TRO motion to enjoin California law that prohibits video recording outside abortion clinics with the specific intent to keep someone from becoming a client of the facility filed on behalf of sidewalk counselors. Judge denied TRO and asked for simultaneous briefing on whether the plaintiffs had standing because they did not have the requisite “intent to intimidate.” Case is stalled.
- Christian Medical & Dental Association v. Bonta (SB 380): Life Legal served as local counsel with ADF in a challenge to an California statute that removes conscience safeguards from California’s assisted suicide law and forces doctors to participate in the assisted suicide process. VICTORY! The state offered to settle the case based on the terms of the preliminary injunction.
- Bakersfield Pregnancy Center v. California Department of Managed Health Care: We filed a lawsuit to enjoin a California law, SB 245, that prohibits insurance companies from charging any out-of-pocket medical costs for abortion, but not for pregnancy care and childbirth. Our clients initially were four pregnancy resources centers. The claims are brought under the California right to privacy and right to equal protection. The preliminary injunction was denied, primarily for lack of standing. We filed an amended complaint adding two obstetricians and taxpayer as plaintiffs. The doctors asserted standing both as taxpayers and on behalf of their patients. GOOD NEWS! On May 8, the court overruled the State’s demurrer as to both constitutional claims. In particular, as to the equal protection claim, the court held that 1) “it appears that strict scrutiny review applies,” and 2) even under rational basis review, the state has failed to show a rational basis.
- People v. Hurley (San Francisco, CA) —Pro-lifer was arrested for trespass after entering a Women’s Option Clinic at Zuckerburg Hospital on the campus of UCSF to plead with abortionist to stop killing babies. In addition, the UCSF Regents filed a civil motion seeking a TRO against Hurley. Civil: PI hearing set for July 19; Criminal: preliminary hearing (mini trial) set for June 29; Status hearing set for June 17.
- carafem v. Hurley (Nashville, TN) —Abortion clinic carafem [sic] and Planned Parenthood sued several pro-lifers for alleged violation of Tennessee’s FACE Act. The district court issued a preliminary injunction and found that the clinic was likely to succeed on merits of FACE violation, based on a 5-minute conversation that some pro-lifers had with security guards while standing near the building entrance. We filed a motion to dismiss for one defendant (Hurley) on the grounds that standing to bring civil actions for obstruction and intimidation under FACE is limited to the persons obstructed or intimidated, not the facilities.
- Conemac et al v. Planned Parenthood Northern California (Napa, CA) — Pro-lifers filed complaint against PP and deathscorts for violation of local bubble zone ordinance intended to “protect” the clinic, escorts, and clients but written broadly to protect anyone on the sidewalk. PP, represented by Arnold & Porter, filed an answer. Settlement in progress.
- Thomas Short v. Berger (D. Ariz)—Lawsuit filed to challenge military vaccine mandate. Preliminary injunction was denied, and the denial is on appeal to the Ninth Circuit. In August 2022, a district court in Florida granted class-wide preliminary injunctive relief to Marines who had a religious objection to receiving the vaccine, and in January 2023, the vaccine mandate was repealed. At that time, the DoD also ordered that also disciplinary actions be withdrawn for currently serving service members who had refused the vaccine and requested accommodations. Oral argument of Short’s appeal was held on January 17, but because of the rescission, the focus of the argument was whether the case was moot or not. In March, the Ninth Circuit vacated the lower court’s decisions (good!) and dismissed the appeal as moot. The case is now stayed in the District Court as further administrative processes unraveling the effects of the RFRA violation play out.
- Gender Justice v. MN — Life Legal helped fund the attempted intervention of a group of mothers of teen-age girls into this lawsuit that successfully challenged several decades-old restrictions on abortion, including parental notification and informed consent. Last July, a trial court in MN permanently enjoined the law and the pro-abortion Attorney General announced he would not appeal. At that point Mothers Offering Maternal Support (MOMS) filed a motion to intervene, arguing that the AG had not competently defended the law and, specifically, had not defended their rights as parents of minor girls. The intervention motion was denied; an appeal is being prepared. However, the November elections gave the Democrat party in MN a trifecta, so legislation to repeal all restrictions on abortion is making its way through the legislature. Passage of this law would moot the intervention.
