The Justice Department has directed prosecutors to limit enforcement of the FACE Act, a law often used against pro-life protesters.
The Department of Justice (DOJ) has directed federal prosecutors to scale back enforcement of a federal law protecting access to abortion clinics while criticizing the use of these protections by the DOJ under the Biden administration to target pro-life protesters.
The directive, outlined in a DOJ memo issued on Jan. 24, instructs prosecutors to enforce a law called the Freedom of Access to Clinic Entrances (FACE) Act only in “extraordinary circumstances” involving death, extreme bodily harm, or significant property damage.
Under the new policy, most FACE Act violations will be handled by state or local law enforcement, with federal involvement reserved for cases that present “significant aggravating factors.”
This marks a shift from the Biden administration’s approach, which DOJ officials under Attorney General Merrick Garland defended as necessary to protect abortion.
The FACE Act, enacted in 1994, prohibits violence, threats, or interference with individuals accessing or providing reproductive health services—including abortion—as well as damage to facilities offering such services. It also extends similar protections to people seeking to exercise their First Amendment rights or religious freedom at places of worship.
The policy change comes after years of criticism by President Donald Trump and other critics, who said the Biden administration weaponized the FACE Act against pro-life protesters. On Thursday, Trump pardoned 23 pro-life demonstrators convicted under the law, including Lauren Handy, a prominent activist sentenced to nearly five years in prison for leading a blockade at a Washington abortion clinic. Handy’s convictions included conspiracy against rights and violating the FACE Act.
The Thomas More Society, which represented Handy, condemned her sentence as a “miscarriage of justice” when it was handed down in May 2024, and pledged to appeal. Senior counsel Martin Cannon argued the FACE Act was unconstitutional and should not be used to prosecute non-violent pro-life activists.
“For her efforts to peacefully protect the lives of innocent preborn human beings, Ms. Handy deserves thanks, not a gut-wrenching prison sentence,” Cannon said at the time.
By Tom Ozimek
