The FACE Act Should Be Repealed Due to Biased Enforcement and Constitutional Violations
Source: Jordan Boyd. "House GOP, Lawfare Victims Make Case For Repealing FACE Act." April 28, 2026. thefederalist.com
The Gist
The author argues that a law protecting abortion clinic access should be completely eliminated because the Biden administration unfairly used it to jail peaceful pro-life protesters while giving lighter sentences to pro-abortion activists. They believe existing local laws are enough and that this federal law violates free speech rights.
Conclusion
The Freedom of Access to Clinic Entrances (FACE) Act should be repealed because it has been weaponized against pro-life activists and represents an unconstitutional expansion of federal power
Premises
- A DOJ report documented that the Biden administration used biased enforcement of the FACE Act to imprison nearly two dozen peaceful pro-life protesters
- Pro-life defendants received disproportionately longer sentences than pro-abortion defendants under the FACE Act (26.8 months vs 12.3 months average)
- The Biden DOJ colluded with abortion activists who provided real-time reports of pro-life protest activity
- The FACE Act creates unconstitutional restrictions on free speech through buffer zones and injunctions that don't apply to other contexts
- Existing local and state laws already adequately address violence and threats, making the FACE Act redundant
- The law represents a dangerous expansion of federal power that criminalizes what should be matters of local law
- The Southern Poverty Law Center, which was used by the Biden DOJ to train lawyers on FACE Act enforcement, was recently indicted for fraud
Assumptions
- The DOJ report accurately documents systematic bias in FACE Act enforcement
- Pro-life protesters were engaging in peaceful, constitutionally protected activities
- Federal criminalization of local matters is inherently problematic
- The Biden administration's enforcement represents the law's inevitable trajectory rather than an aberration
- Local and state laws provide sufficient protection for clinic access