Liberty Counsel filed a response in federal court opposing an appeal motion by the Southern Poverty Law Center (SPLC) in Jenkins v. Miller, a case where a judge awarded summary judgment and a complete and total victory for Liberty Counsel.

After 187,000 pages of discovery documents, 25 depositions, 127 pages of Undisputed Facts, about 500 pages of summary judgment legal arguments, the federal court ruled that the SPLC and their client, Janet Jenkins, presented no evidence to support their frivolous allegation that Liberty Counsel helped Lisa Miller flee the country with her two-year-old daughter in 2009 or her whereabouts. The court also ruled that Jenkins’ attempt to drag Liberty Counsel into the case in 2016 was barred by the statute of limitations. The court also found that Jenkins repeatedly contradicted her prior allegations. 

Liberty Counsel wrote in opposition, “Jenkins has not and cannot demonstrate a controlling question of law, has not and cannot demonstrate that there is substantial ground for difference of opinion with the Court’s decision.”

Since Jenkins has no evidence to ever obtain a judgment against Liberty Counsel, her appeal claims are meritless, wrote Liberty Counsel.

The case arose from a custody battle where Liberty Counsel represented Miller to dissolve her Vermont civil union to Jenkins in 2004. When Miller moved to Virginia with her 2-year-old daughter, Isabella, the litigation to dissolve the civil union pitted the laws of Vermont against Virginia, which did not yet recognize civil unions or “same-sex marriage.”  In a “first of its kind” case, a Vermont court recognized Jenkins as a legal parent of Miller’s daughter awarding her parent-child contact. 

Miller complied until Isabella complained of abuse. While the cases were ongoing in both states, Miller suddenly fled with Isabella to Nicaragua. When Lisa Miller suddenly stopped communicating, Liberty Counsel informed the court it lost contact with her and sought to withdraw from the case. 

Jenkins filed a civil lawsuit in 2012 against several people from Nicaragua and Virginia who had been indicted for helping Miller flee. In 2016, Jenkins amended her suit to include Liberty Counsel and attorney Rena Lindevaldsen, falsely alleging they were part of a conspiracy to help Miller leave the country.  The SPLC then began representing Jenkins seeking an astronomical $200 billion in damages.

In April 2025, Judge William K. Sessions III ruled in favor of Liberty Counsel in Jenkins v. Miller finding it did not “engage in, aid, or abet any conspiracy” for the international kidnapping of a child. Judge Sessions found that Jenkins’ claims had no merit based on more than 187,000 documents, 25 depositions, and 6,800 pages of transcripts showing Liberty Counsel had no involvement in the kidnapping nor violated Jenkins’ constitutional rights. Judge Sessions also exonerated Lindevaldsen ruling she had no part in advising or helping Miller flee the country. On a third aspect, Judge Sessions ruled the lawsuit was also barred by the statute of limitations.

Judge Sessions ruled that “Liberty Counsel is entitled to summary judgment,” after nine years of litigation.

Liberty Counsel Founder and Chairman Mat Staver said, “The appeal attempt of Janet Jenkins is a meritless attempt to keep this frivolous case going. The federal court saw through the sham of the Southern Poverty Law Center and Janet Jenkins by ruling in favor of Liberty Counsel. This frivolous lawsuit by the Southern Poverty Law Center is lawfare attempting to destroy Liberty Counsel. The truth has prevailed and will continue to prevail.”