40 Days for Life / Screenshot
CV NEWS FEED // Catholic pro-life activist Mark Houck is appealing a federal judge’s dismissal of his lawsuit against the Biden administration’s Department of Justice (DOJ), citing political motivations by an “activist judge.”
Houck, a 40 Days for Life volunteer since 2007, sued the DOJ in 2023 for $4.3 million, alleging the Biden administration used “excessive force” when the FBI arrested him at his home in front of his wife and seven children. The early-morning raid involved about 25 agents.
The lawsuit stemmed from Houck’s 2021 arrest under the Freedom of Access to Clinic Entrances (FACE) Act, after an altercation outside a Philadelphia Planned Parenthood where he regularly prayed.
He was acquitted of all charges by a Pennsylvania jury in 2023.
US District Judge Paul Diamond dismissed Houck’s case last month, halting settlement discussions that had reportedly gained traction under the Trump administration.
Now, Houck and 40 Days for Life, which backed the lawsuit, are turning to the Third Circuit Court of Appeals.
“You live in fear of it happening again, not only to yourselves but to others, and you want to know that this administration, which rode this message to the White House, is willing to step in,” Houck told Fox News Digital, calling upon the Trump administration to support his case. “And they’re doing it for other organizations, they’re doing it in the DOGE, they’re doing it with all the things, they’re cleaning house.”
He added that the judge’s decision “reflects poorly against the Trump administration.”
40 Days for Life President Shawn Carney echoed the concern, denouncing “activist judges on both sides of the political aisle” and reaffirming support for the appeal.
“We are appealing the decision of the judge to continue the lawsuit against the DOJ,” Carney said. “And of course, if we could get back on track with that, the idea is that then we would be able to settle with DOJ, since they want to settle.”
“We have a very strong appeal,” he added.
While the appeal has not yet been filed, it is expected to argue for a reinstatement of settlement negotiations with the DOJ.
