FACE Act Repeal Letter

Download the full document (PDF)

February 7, 2024 The Honorable Mike Johnson The Honorable Jim Jordan Speaker Chairman United States House of Representatives House Judiciary Committee Washington, DC 20515 Washington, DC 20515 Speaker Johnson and Chairman Jordan: In the aftermath of additional pro-life activists being convicted by the Biden Administration under the FACE Act for peacefully protesting outside an abortion business, we respectfully urge you to take immediate legislative action to protect peaceful pro-life activists from the Biden Administration’s weaponized Department of Justice and an unconstitutional law.

From 1994 when it became law through 2022, the FACE Act was never used by the federal government to protect a pro-life pregnancy center or a church. In fact, it wasn’t until Republicans took back the House and promised to end President Biden’s reign of woke and weaponized government that the Department of Justice even charged a pro-abortion activist with violating the FACE Act. This is despite hundreds of prolife pregnancy centers and churches being attacked since the Dobbs decision was leaked in May of 2022. To date, the federal government has never used the FACE Act to protect a church. There is no question as to whether the FACE Act is being disproportionately applied to pro-lifers.

Despite official requests from members of Congress, sparse data is available regarding FACE Act prosecutions. However, our best estimates indicate that the FACE Act has been used ~130 times with just 5 FACE Act charges being leveled against pro-abortion activists. We believe that the FACE Act is unconstitutional. It wrongly usurps police powers reserved to the states by the Constitution and allows the Department of Justice to swoop in to punish its political enemies rather than equally applying the law. Additionally, the FACE Act protects abortion, when taking the life of the unborn is no longer and never rightly was a constitutional right.

Chairman Jordan, the House Judiciary Committee must mark-up and pass Rep. Chip Roy’s H.R. 5577, the FACE Act Repeal Act of 2023, as soon as possible. Speaker Johnson, we urge you to bring this legislation to the floor as soon as the calendar allows. Respectfully, Paul Teller Tom Brejcha Executive Director President & Chief Counsel Advancing American Freedom Thomas More Society Kristan Hawkins Ryan T. Anderson, Ph.D.

President President Students for Life of America The Ethics and Public Policy Center Tony Perkins Penny Young Nance President CEO and President Family Research Council Concerned Women for America Lila Rose Tom McClusky Founder and President Director of Government Affairs Live Action CatholicVote