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Conservatives Urge Repeal of Unjust and Unconstitutional FACE Act

In the wake of the Biden administration’s selective use of the FACE Act to target pro-life conservatives the conservative leaders who participate in the Conservative Action Project

have issued a Memo for the Movement decrying the abuse of pro-lifers, such as three peaceful pro-life activists who now face “a maximum of 11 years in prison, three years of supervised release, and a fine of up to $350,000.” Two of the women charged are over seventy years of age.


The Capitol Switchboard is (202-224-3121), call today and tell your Senators and Representative to vote YES when a FACE Act repeal bill comes before them.


The text of the Conservative Action Project Memo for the Movement and list of signers follows: 

Washington, DC

Conservatives stand united against the unjust and illegal, selective prosecution of conservatives under the unconstitutional Federal Access to Clinic Entrances Act (FACE Act). The 1994 federal criminal law, signed by President Clinton, has been consistently abused under the Biden Administration to intimidate, harass, and punish its political opponents.


The FACE Act must be repealed. We urge Congress to take swift and aggressive action against it. At a minimum, Congress should mark-up and pass Rep. Chip Roy's H.R. 5577 and Sen. Mike Lee's S. 3017 repealing the FACE Act.


An honest legal review of the FACE Act (18 U.S.C. § 248) shows it is constitutionally suspect. Congress claimed jurisdiction to enact it under the much-abused Commerce Clause and Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. Yet it failed to address how even that approach would justify this granting of general police power that is traditionally reserved for the states. Given the topic of the legislation, prohibiting actions to block access to abortion clinics, if its constitutional underpinnings were suspect then, they have entirely crumbled now that the U.S. Supreme Court has admitted there is no constitutional right to abortion.


Worse yet, the Biden Administration is abusing this law to punish pro-life activists who are a major target of one of the Administration’s biggest donor base, abortion lobbyists. In September, the U.S. Department of Justice (DOJ) got convictions against three peaceful pro-life activists who now face “a maximum of 11 years in prison, three years of supervised release, and a fine of up to $350,000.” Two of the women charged are over seventy years of age.


The case of pro-life advocate Mark Houck, who also faced the wrath of the Biden DOJ under the FACE Act over a mundane 2021 encounter with a Planned Parenthood escort outside a Pennsylvania clinic, is another egregious example. The altercation would normally not garner any attention outside the local clinic. Instead, the Biden FBI showed up to arrest Houck at his home, terrifying his wife and children. He was later acquitted of the charges, but the damage to his family cannot be overstated.


In March of 2022, DOJ announced the indictments of nine defendants under the FACE Act for “obstructing patients and providers of a reproductive health services facility.” After their conviction, they, too, face more than a decade in prison. In 2022, the Department of Justice charged 26 pro-life individuals with FACE Act violations. On the other hand, zero indictments were brought against those who not only protested but vandalized numerous pro-life clinics. In 2023, the DOJ filed nearly thirty FACE Act charges.

The emphasis on targeting pro-life Americans is part of the Biden Administration’s plan of action after the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision. Associate Attorney General Vanita Gupta delivered remarks at DOJ’s Civil Rights Division’s 65th Anniversary in December 2022, where she said:


[T]he Supreme Court dealt a devastating blow to women throughout the country, taking away the constitutional right to abortion and increasing the urgency of our work, including enforcement of the FACE Act, to ensure continued lawful access to reproductive services.


DOJ was unmoved as more than 100 pro-life clinics, organizations, and churches were attacked following the famous Dobbs leak. Their twisted schemes of targeting pro-life conservatives continued in 2023, where another 26 charges have been brought. DOJ has never used the FACE Act to prosecute anyone blocking access to a church or house of worship.


Americans have witnessed constant protests at the homes of U.S. Supreme Court Justices with no arrests, violent Black Lives Matter protests with millions of dollars in damages encouraged by the Biden Administration, anti-Israel protests shutting down entire highways, blocking access to emergency health services, defended under the First Amendment. But somehow, peaceful pro-life advocates are beyond First Amendment protection. This is an outrageous violation of the most fundamental principles of freedom and liberty.


The selective application of First Amendment rights must end now. The FACE Act must be repealed.


The Honorable J. Kenneth Blackwell

Chairman, Conservative Action Project

Chairman, CNP Action, Inc. 


The Honorable Tony Perkins


Family Research Council 


Marty Dannenfelser

Vice President for Government Relations and Coalitions, Center for Urban Renewal and Education (CURE) 


Bob Carlstrom

President, AMAC Action 


The Honorable Paul S. Teller, Ph.D.

Executive Director

Advancing American Freedom 


Thomas E. McClusky

PrincipalGreenlight Strategies, LLC 


Chad Connelly

Founder and President

Faith Wins 


Myron Ebell


American Lands Council 


The Honorable Becky Norton Dunlop

White House Advisor

President Ronald Reagan (1981-1985) 


The Honorable T. Kenneth Cribb, Jr.

Assistant to the President for Domestic Affairs, President Ronald Reagan 


The Honorable Jim DeMint

Chairman, Conservative Partnership Institute

Member, US Senate (SC 2005-2013) 


David N. Bossie


Citizens United 


William L. Walton

The Bill Walton Show

Resolute Protector Foundation 


Lt. Gen. William G. Boykin (Ret.)

Executive Vice President

Family Research Council 


The Honorable Gary L. Bauer


American Values 


Walker Wildmon


AFA Action 


Kristen A. Ullman


Eagle Forum 


Tim Throckmorton


Lifepointe Ministries 


Judson Phillips


Tea Party Nation 


Seton Motley


Less Government 


Ashley Baker

Director of Public Policy

Committee for Justice 


Ron Pearson

Executive Director

Conservative Victory Fund 


Donna Rice Hughes


DRH Enterprises 


The Honorable James C. Miller III

Budget Director for President Reagan (1985-1989)


 Ralph Benko

Co-founder and Chairman

The Capitalist League 


Kielle Lindsey


The Lindsey Foundation 


Paavo Ensio


Universal Minerals Group 


C. Preston Noell III


Tradition, Family, Property, Inc. 


Ralph Rebandt


Michigan Lighthouse Ministries 


Tim LeFever


Capitol Resource Institute 


Steven H. Aden

General Counsel

Americans United for Life 


Allen Hebert

Chairman, American-Chinese Fellowship of Houston


Penny Y. Nance

President & CEO

Concerned Women for America 


Star Parker

President & CEO, Center for Urban Renewal and Education (CURE) 


Rebecca Weber


Association of Mature American Citizens (AMAC) 


Jenny Beth Martin 


L. Brent Bozell III

Founder and President

Media Research Center 


Alfred S. Regnery


Republic Book Publishers 


The Honorable Edwin Meese III

Attorney General

President Ronald Reagan (1985-1988) 


Thomas H. Jones


American Accountability Foundation 


Wesley Denton

Chief Operating Officer

Conservative Partnership Institute (CPI) 


Cleta Mitchell, Esq.

Senior Legal Fellow

Conservative Partnership Institute 


Ed Corrigan

Vice Chairman, Conservative Action Project and President & CEO, Conservative Partnership Institute 


The Honorable Bob McEwen

U.S. House of Representatives

Former Member, Ohio  


The Honorable Morton C. Blackwell


The Leadership Institute 


The Honorable Penny Pullen


Life Advocacy Resource Project 


James C. Dobson, Ph.D.

Founder and Chairman

James Dobson Family Institute 


Craig Shirley

Reagan Biographer

Presidential Historian 


Gary Marx


The Concord Fund 


Mike Davis

President & Founder

Article III Project 


The Honorable George K. Rasley Jr.

Managing Editor


Tom DeWeese


American Policy Center 


Joan Holt Lindsey


Lindsey Communications 


E.C. Sykes

General Partner

Aslan Ventures 


E.W. Jackson

Founder & President

STAND Foundation, Inc. 


The Honorable Richard D. Hayes

State Representative

State of Texas 


The Honorable Peter J. Thomas


The Conservative Caucus 


Joseph A. Morris

Partner, Morris & De La Rosa, Former Assistant U.S. Attorney General, Reagan / Meese 


Rick Rounsavelle




Kevin Freeman


NSIC Institute 


The Honorable Mike Hill

Former Member

Florida State House 


Shannon O. Royce


Christian Employers Alliance 


Jack Park

Conservative Activist and Donor

  • Pro life movement

  • FACE Act

  • Sen. Mike Lee

  • Federal Access to Clinic Entrances Act

  • State police powers

  • Merrick Garland

  • Biden administration

  • Free Speech

  • Freedom of Assembly

  • Chip Roy

  • Limits on abortion

  • Mark Houck

  • Dobbs decision

  • 2024 election

  • Jim Jordan

  • lawfare

  • Freedom Caucus

  • Byron Donalds

  • abortion

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1 Comment

First, we actually need real conservatives. I don't see very many, if any, of those these days. President Trump's defeat in the 2020 election is the ultimate proof.

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