DOJ Told to Stand Down on Most FACE Act Prosecutions as Reproductive Health Advocates Cry Foul
Abortion rights and reproductive health care advocates are speaking out, after the Trump Administration stopped enforcing a federal law meant to safeguard reproductive health centers.
On January 24, 2025, the Department of Justice (DOJ) ordered staff to limit enforcement of the Freedom of Access to Clinic Entrances Act, commonly known as the FACE Act.
The FACE Act, enacted in 1994, is designed to protect abortion clinics and reproductive health centers from threats of violence, violent protests, patient intimidation, and other disturbances. It was passed after the murder of abortion provider David Gunn in Pensacola, Florida in 1993. However, opponents say it infringes on the free speech of pro-life activists.
Prosecutions Limited
In a memo, DOJ called the FACE Act a “prototypical example of this weaponization” of the federal government. It ordered federal law enforcement and prosecutors to stand down on FACE Act prosecutions and civil actions, unless there are “extraordinary circumstances” or in cases “presenting a significant aggravating factor” such as death, serious bodily harm, or serious property damage.
The memo also prohibits abortion-related FACE Act actions unless they’re authorized by the Assistant Attorney General for the Civil Rights Division.
"It basically tells them that there will be no consequences for them to come into our centers, disrupt things, and potentially even be violent," said Phebe Brandt of a Planned Parenthood clinic in Philadelphia, who dealt with an anti-abortion protester, Matthew Connolly, who holed himself up in the bathroom until law enforcement removed him. "I absolutely think we're going to see more of that going forward. I think this is going to put our safety at risk."
The case against Connolly was among three dropped due to the change in policy. The other two cases dropped involved blockades against clinics in Ohio and Tennessee.
Democrats Demand Enforcement
Meanwhile, 72 House Democrats demanded that DOJ enforce the law in full.
“Limiting the Justice Department from enforcing bipartisan law will put at risk the well-being and security of patients, providers, and others at reproductive health care facilities,” wrote the Democratic representatives. “Individuals have the right to freedom of speech and the right to peacefully gather to protest. However, individuals do not have the right to use physical force or intimidation as these acts pose a threat to those attempting to access a range of health care services.”