Wednesday, April 7, 2010

Judge denies motion to dismiss for ND 88

Chicago, Ill., Apr 5, 2010 / 11:08 pm (EWTN News)

On April 1, the Thomas More Society announced that the motion they filed to dismiss on behalf of the Notre Dame 88 was denied by Judge Michael Scopelitis of the St. Joseph County Superior Court in Indiana.

The motion to dismiss was denied nearly one month after the death of Linda Schmidt, one of the 88 pro-life group members who was arrested last year at the University of Notre Dame for protesting President Obama's commencement address. Schmidt passed away in March after a battle with terminal cancer and faced court charges up until the time of her death.

“We understand Judge Scopelitis' ruling to have been a strict application of a procedural rule, and we respect that decision,” said Tom Dixon, lead attorney for the ND88, and a Notre Dame Law alumnus on Thursday. “However, he did not rule on the merits of our legal defenses or our constitutional challenges to the validity of the charges. As such, we fully plan on presenting a vigorous defense of these prayerful individuals who bravely stood in defense of the Catholic Church's pro-life teachings.”

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