The Department of Justice under President Trump’s leadership has made a significant policy shift regarding the enforcement of the Freedom of Access to Clinic Entrances (FACE) Act, sparking both praise and criticism from various quarters.
At a Glance
- Trump’s DOJ limits FACE Act prosecutions to “extraordinary circumstances”
- Three ongoing FACE Act cases ordered to be dismissed
- Decision praised by pro-life groups, criticized by abortion-rights advocates
- Move aligns with Trump’s campaign promise to end “weaponization” of government
- Policy change contrasts with Biden administration’s aggressive enforcement
Trump Administration’s New Stance on FACE Act
In a marked departure from previous administrations, the Department of Justice under President Trump has issued an order to limit prosecutions under the FACE Act. The new policy restricts enforcement to cases involving “extraordinary circumstances” or those with “significant aggravating factors.” This shift represents a significant change in how the federal government approaches protests and demonstrations at reproductive health facilities.
The FACE Act, which prohibits obstructing or using force to intimidate individuals seeking reproductive health services and damaging clinic property, has been a contentious issue between pro-life and pro-choice activists for years. Pro-life groups have long argued that the Act has been disproportionately used against them, while abortion-rights advocates view it as a necessary protection for patients and providers.
Immediate Impact and Reactions
As an immediate consequence of this policy change, the DOJ has ordered the dismissal of three ongoing FACE Act cases related to clinic blockades in Tennessee, Pennsylvania, and Ohio. This action has been met with approval from pro-life organizations and criticism from abortion-rights groups.
“We will again stand proudly for families and for life,” President Donald Trump said in a statement.
The Thomas More Society, a legal organization representing many defendants in FACE Act cases, hailed the decision as a significant moment. Peter Breen, the Society’s Executive Vice President and Head of Litigation, expressed satisfaction with the DOJ’s directive to dismiss the remaining cases against their clients.
The announcement of this policy shift coincided with Trump’s support for anti-abortion protesters at the March for Life and his pardoning of anti-abortion activists previously convicted under the FACE Act. These actions align with Trump’s campaign promise to end what he described as the “weaponization” of the federal government.
The DOJ memo outlining the new policy notes that future FACE Act prosecutions will be limited to serious violations and will require authorization from the Assistant Attorney General for the Civil Rights Division. This change in approach stands in stark contrast to the Biden administration’s more aggressive enforcement of the Act, which reportedly accounted for over a quarter of all prosecutions since the law’s inception.
Every day Trump does something transformative.