DOJ Limits Enforcement of Law Used to Convict Pro-Life Protesters at Abortion Clinics

Pro-life activists protest outside of a Planned Parenthood clinic in Washington, on Jan. 20, 2022. Drew Angerer/Getty Images

The Department of Justice (DOJ) has directed federal prosecutors to scale back enforcement of a federal law protecting access to abortion clinics while criticizing the use of these protections by the DOJ under the Biden administration to target pro-life protesters.

The directive, outlined in a DOJ memo issued on Jan. 24, instructs prosecutors to enforce a law called the Freedom of Access to Clinic Entrances (FACE) Act only in “extraordinary circumstances” involving death, extreme bodily harm, or significant property damage.

Under the new policy, most FACE Act violations will be handled by state or local law enforcement, with federal involvement reserved for cases that present “significant aggravating factors.”

This marks a shift from the Biden administration’s approach, which DOJ officials under Attorney General Merrick Garland defended as necessary to protect abortion.

The FACE Act, enacted in 1994, prohibits violence, threats, or interference with individuals accessing or providing reproductive health services—including abortion—as well as damage to facilities offering such services. It also extends similar protections to people seeking to exercise their First Amendment rights or religious freedom at places of worship.

The policy change comes after years of criticism by President Donald Trump and other critics, who said the Biden administration weaponized the FACE Act against pro-life protesters. On Thursday, Trump pardoned 23 pro-life demonstrators convicted under the law, including Lauren Handy, a prominent activist sentenced to nearly five years in prison for leading a blockade at a Washington abortion clinic. Handy’s convictions included conspiracy against rights and violating the FACE Act.

The Thomas More Society, which represented Handy, condemned her sentence as a “miscarriage of justice” when it was handed down in May 2024, and pledged to appeal. Senior counsel Martin Cannon argued the FACE Act was unconstitutional and should not be used to prosecute non-violent pro-life activists.

“For her efforts to peacefully protect the lives of innocent preborn human beings, Ms. Handy deserves thanks, not a gut-wrenching prison sentence,” Cannon said at the time.

Garland defended the FACE Act’s enforcement during his tenure, particularly after the Supreme Court’s 2022 decision to overturn Roe v. Wade in a case known as Dobbs v. Jackson Women’s Health Organization. In response to the ruling, the DOJ created a Reproductive Rights Task Force to address state-level restrictions on abortion. Garland emphasized the department’s commitment to protecting constitutional rights, including access to reproductive health services and the freedom to provide information about lawful care, including abortion.

“As I said on the day that Dobbs was announced, women who reside in states that have banned access to comprehensive reproductive care must remain free to travel to states in which that care is lawful,” Garland said in an April 2023 speech. He reaffirmed the department’s role in enforcing the FACE Act to safeguard access to reproductive services, including pregnancy counseling centers, pharmacies, and abortion clinics.

By contrast, current DOJ officials under the Trump administration say that the previous administration failed to impartially enforce the law.

In Friday’s memo, DOJ officials highlighted that over 100 crisis pregnancy centers, pro-life organizations, and churches were attacked following the Supreme Court’s decision in Dobbs. They say many of these incidents went uncharged, raising concerns about “the even-handed administration of justice,” given that the FACE Act extends protections to churches and places where women can get counseling about alternatives to abortion like adoption.