The United States Law Week

Anti-Abortion Activist Loses Bid to End Class Suit Over Records

Sept. 16, 2020, 4:14 PM

People engaged in work associated with fetal tissue research, but not employed by research labs or abortion advocacy groups, can proceed as a part of a class fighting the disclosure of their identities in a response to a state open records act request, a federal court in Washington said.

Their work was linked to First Amendment-protected activity, the court ruled.

But these class representatives may need to be moved to their own subclass—separate from class members employed by the University of Washington’s Birth Defects Research Laboratory, Planned Parenthood, or similar entities—due to the more intensive factual showing necessary to establish...

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