Regardless of the FACE Act’s future, the Department of Justice announced it won’t enforce the protective statute, anyway. In a memo issued Friday, the acting attorney general’s chief of staff directed the agency’s Civil Rights Division to dismiss several FACE Act cases against anti-abortion protesters, claiming that the act embodied the “weaponization of the federal government.” The department also ceased future prosecutions under the statute, except under “extraordinary circumstances,” such as death, “serious bodily harm, or serious property damage.”
In the same week, Trump pardoned 23 anti-abortion activists who blockaded the entrance of a Washington clinic in October 2020. They included Lauren Handy, who was arrested in 2022 for retaining five fetuses at her house.
Meanwhile, conservatives are also attacking abortion access through the judicial system: Anti-abortion activists have asked the Supreme Court to overrule Hill v. Colorado, which established a buffer zone around abortion clinics that prevents activists from speaking to patients or distributing anti-abortion materials to them within 100 feet of a facility.