The FACE Act Must Be Repealed Due to Constitutional Issues and Prosecutorial Abuse
Source: Andrew Bath. "Pardons Aren't Enough. The FACE Act Must Go." April 30, 2026. thefederalist.com
The Gist
The author argues that Congress should completely eliminate the FACE Act because it's unconstitutional and was abused by the Biden administration to unfairly prosecute peaceful pro-life protesters. Since presidential pardons are only temporary fixes, the law itself needs to be removed to prevent future abuse.
Conclusion
Congress must repeal the Freedom of Access to Clinic Entrances Act (FACE Act) entirely
Premises
- The Biden DOJ weaponized the FACE Act against pro-life Americans, as documented in a 900-page DOJ report showing selective prosecution and coordination with abortion advocacy groups
- The FACE Act is unconstitutional because it exceeds federal police powers, which are reserved to states under the Constitution
- After Dobbs overruled Roe v. Wade, the FACE Act's constitutional foundation under the Fourteenth Amendment was eliminated, leaving only weak Commerce Clause justification
- Peaceful sidewalk counseling and prayer are not economic activities that substantially affect interstate commerce, making Commerce Clause authority inappropriate
- Prosecutors combined FACE Act misdemeanor charges with felony conspiracy charges, circumventing Congress's intent to treat nonviolent obstruction as minor offenses
- Presidential pardons and personnel changes are temporary solutions - future administrations could re-weaponize the law
- The law enables federal overreach into matters that should be handled by local law enforcement
Assumptions
- The Constitution's separation of powers requires strict limits on federal police authority
- Congressional intent regarding penalty severity should not be circumvented by prosecutorial charging decisions
- Peaceful pro-life activities deserve constitutional protection from federal prosecution
- State and local authorities are adequate to handle clinic-related disturbances
- The Dobbs decision fundamentally changed the constitutional landscape for abortion-related laws