A group of House Republicans, led by Rep. Chip Roy (R-TX), are advocating for the repeal of the Freedom of Access to Clinic Entrances (FACE) Act. They argue that the Biden administration has disproportionately used this law to target anti-abortion activists demonstrating outside clinics. Roy's office obtained data from the Department of Justice revealing that nearly all FACE Act prosecutions in the past two decades involved individuals opposing abortion.
This push for repeal follows requests for the Trump administration to pardon 21 pro-life activists prosecuted under the FACE Act, including some facing lengthy prison sentences. The conservatives claim these prosecutions are politically motivated and represent a "weaponization" of the justice system against those expressing pro-life views. One of the individuals being considered for a pardon is nearly 90 years old.
The FACE Act, enacted in 1994, prohibits threats, obstruction, and property damage intended to interfere with reproductive healthcare services. While the Biden administration has employed the FACE Act to pursue legal action against pro-life demonstrators following the overturning of Roe v. Wade, critics contend it has been underutilized in cases of attacks on anti-abortion organizations and pregnancy centers. Roy's office reports at least 90 such attacks since May 2022, with a significantly smaller number of prosecutions.
The case of Mark Houck, a Catholic father arrested by a large SWAT team in front of his children, is cited as a prime example of the perceived overreach and bias in the application of the FACE Act. Houck was later acquitted. Meanwhile, several pro-life activists involved in a 2020 abortion clinic blockade received prison sentences, ranging from 10 months to over four years, further fueling calls for the law's repeal.
Groups like CatholicVote and Students for Life Action have joined the call for repeal, characterizing the FACE Act as a tool for discrimination against pro-life individuals. They highlight the perceived disparity in treatment between peaceful pro-life protesters and those who engage in violence against anti-abortion facilities. Roy expressed optimism that the current Republican-led House will prioritize the repeal effort and that the Trump administration will consider pardons for those prosecuted under the FACE Act.
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