Trump Lawyer Jay Sekulow Loses SCOTUS Petition in Abortion Videos Case
Sekulow had asked the high court to overturn an injunction against his client, Troy Newman, president of the anti-abortion group Operation Rescue.
April 02, 2018 at 09:49 AM
4 minute read
Jay Sekulow, chief counsel for the American Center for Law & Justice.
Jay Sekulow, a lawyer for President Donald Trump and a veteran U.S. Supreme Court advocate, failed to persuade the justices on Monday to review an abortion-related challenge.
Sekulow had asked the high court to overturn an injunction against his client, Troy Newman, president of the anti-abortion group Operation Rescue, and a former board member and secretary of the anti-abortion Center for Medical Progress. The court denied review without comment.
Newman and David Daleiden, founder of CMP, were sued by the National Abortion Federation for publicly releasing secret recordings of the federation's annual meetings and follow-up meetings with abortion providers.
The videos, which lawyers for the abortion federation claimed were manipulated to falsely portray the providers as sellers of fetal tissue, violated confidentiality agreements that members of CMP, using false names, signed in order to have access to the meetings, according to the suit.
A federal district court, finding the contracts enforceable and breached, issued a preliminary injunction blocking release of the videos in 2016. The court rejected arguments by Newman and Daleiden that enforcing the contracts was an unconstitutional prior restraint under the First Amendment and that CMP had an interest in disclosing criminal wrongdoing.
The U.S. Court of Appeals for the Ninth Circuit upheld the trial court. The appeals panel said the district court concluded “as a matter of fact” that CMP had not found evidence of criminal wrongdoing and “that determination is amply supported by the record.”
Because of the videos, nine states opened and then closed investigations of Planned Parenthood after finding no wrongdoing; 11 other states refused to pursue investigations based on CMP's accusations, according to the National Abortion Federation's high court brief opposing review.
In addition to Newman, Daleiden, represented by Catherine Wynne Short of Ojai, California, filed a separate petition for review. Marc Hearron, an appellate partner at Morrison & Foerster, represents NAF in both cases.
Sekulow, chief counsel of the American Center for Law & Justice, is a familiar face in the high court. He has argued 12 cases involving speech and religion issues such as abortion clinic buffer zones, prayers before high school football games and religious monuments in public parks. He also has filed numerous amicus briefs.
In February, Sekulow filed an amicus brief in the Supreme Court supporting the Trump administration's most recent iteration of its ban on certain foreign nationals entering the United States in Trump v. Hawaii.
Sekulow was not immediately reached for comment Monday.
He is not the only lawyer straddling two legal worlds amid the difficulties stemming from the 2016 presidential campaign. Deputy Solicitor General Michael Dreeben and Elizabeth Prelogar, an assistant to the solicitor, are assigned to Special Counsel Robert Mueller's team but continue to handle and argue certain cases in the Office of the Solicitor General.
Dreeben has argued two major cases in the current term: Carpenter v. United States and United States v. Microsoft. Prelogar argued City of Hays, Kansas v. Vogt.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'New Circumstances': Winston & Strawn Seek Expedited Relief in NASCAR Antitrust Lawsuit
3 minute read5th Circuit Rules Open-Source Code Is Not Property in Tornado Cash Appeal
5 minute readDOJ Asks 5th Circuit to Publish Opinion Upholding Gun Ban for Felon
Trending Stories
- 1Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 2Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 3NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 4A Meta DIG and Its Nvidia Implications
- 5Deception or Coercion? California Supreme Court Grants Review in Jailhouse Confession Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250