On January 16 I reported that a Florida court had dismissed a case brought against a pro-lifer by the Department of Justice based on the Freedom of Access to Clinics Act.

Well, last week a second of the eight cases the DOJ has filed since President Barack Obama took office received a serious blow.

On January 26 U.S. District Court Judge Philip Brimmer denied the DOJ’s request for a preliminary injunction against Denver pro-lifer Kenneth Scott, ruling “the Attorney General would not be reasonably likely to prove at trial that Scott physically obstructed employees of the Planned Parenthood of the Rocky Mountains abortion facility in Denver,” according to the Thomas More Society, the Chicago law firm that is representing Scott.

In other words, the judge thinks the DOJ is going to lose this case. More from TMS:

The Attorney General’s primary legal theory is that a car that stops to speak to a sidewalk counselor constitutes a “physical obstruction” of access to an abortion facility and a violation of the FACE Act, punishable by a $10,000 fine and an injunction against sidewalk counseling at a particular facility.

Judge Brimmer’s ruling held that the brief delays experienced by cars waiting for others to finish their conversations with Ken Scott were not the kinds of “unreasonable delays” contemplated by the FACE Act. Judge Brimmer also held that the balance of the equities weighed in favor of Ken Scott.

As evidence the DOJ submitted videos taped by Planned Parenthood that supposedly demonstrated Scott violating FACE. TMS has posted them on YouTube. They’re laughable.

With real terrorists and awful crimes being committed in the United States, this is what the DOJ thinks is worth spending its time on? Five federal prosecutors have been assigned to this case. Really?

Apparently 2-3 car traffic jams – one of them in a parking lot for crying out loud – are now threats to our national security. Don’t forget any stopped cars were speaking to Scott willingly. The DOJ submitted no evidence that Scott physically blocked cars…


View the other three videos here, here, and here.

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