Biden is Abusing FACE Act To Silence His Pro-Life Critics

Opinion   |   Penny Nance   |   Jun 5, 2024   |   11:58AM   |   Washington, DC

Joe Biden is making Richard Nixon look like an amateur.

Nixon became infamous for using government agencies to spy on, harass, and prosecute his political opponents. The current president has expanded that playbook, using the Department of Justice to go after those on his enemies list, to the cheers of media entities that decried similar actions in the past.

The Department of Justice (DOJ) filed a new lawsuit last month against Lauren Handy, a pro-life activist already serving time in a federal prison for trying to protect the lives of unborn children. The lawsuit, filed in the Northern District of Ohio, charges Handy and six others with violating the Freedom of Access to Clinic Entrances (FACE) Act. That law, which Congress passed in 1994, prevents Americans from voicing their concerns about the barbaric killing of unborn children at abortion clinics.

The Justice Department already threw the book at Handy. Earlier in May, she was sentenced to nearly five years in prison for an incident in Washington, D.C.

The DOJ proudly lists on its website all the people it is prosecuting for FACE Act violations. “Interfering with reproductive health rights” is the euphemism frequently used to describe peacefully sitting in front of an abortion clinic.

Where was this prosecutorial energy when more than 100 pregnancy care centers, pro-life organizations, and more than 300 churches were attacked following the Dobbs v Jackson decision at the Supreme Court?

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It seems the DOJ will do nothing in response to those attacks. But if you sit, stand, or pray in front of an abortion clinic, it’s coming after you.

The Justice Department routinely ignores radical activists who shut down entire highways, blocking access to emergency health services and injuring others in their wake. These individuals are afforded First Amendment protections—freedom of speech and freedom of assembly—that Americans who believe in the sanctity of human life are not.

In policy and practice, the FACE Act is an unjust law and an unconstitutional breach of the states’ police power. Joe Biden, who used to support common-sense limits on abortion, is now beholden to his party’s radical abortion wing and must prosecute these nonviolent offenders.

Congress needs to step in and put an end to the Biden administration’s unconstitutional, politically motivated civil and human rights violations under the FACE Act.

Sen. Mike Lee (R-Utah) and Rep. Chip Roy (R-Tex.) have offered legislation to repeal the FACE Act. Sen. Lee, a former federal prosecutor, has seen up close and personal the abuse of the system that the law enables and points out that Congress infringed on the states’ police power when it passed this federal law. Under our constitutional system, policing is left to the states, not to the federal government where it can be used as a political weapon.

But why is the DOJ singling out Lauren Handy and her associates? She serves as the executive director of Progressive Anti-Abortion Uprising, an organization that believes in the left-wing agenda of this president and the Democratic Party, except on this one issue—life is precious, and abortion is an evil.

Perhaps it is because Lauren and her associates recovered the remains of more than a hundred unborn children at a Washington, D.C., abortion clinic in 2023. In the most gruesome discovery, five of those recovered were post-viability abortion victims. Partial-birth abortion is a federal crime. Biden and his Democratic Party insist they are not for late-term abortions. But the DOJ has given no indication it is willing to prosecute, or even investigate the practice. These activists held on to the evidence to show the real crime that had been committed at this clinic.

Not only did the DOJ put these activists in jail, it is also seeking to destroy the evidence of these five babies. Biden wants the evidence to go away, and the DOJ does not even plan to perform autopsies of these poor babies. Such actions would not advance pro-abortion policies, so the crimes are ignored. That is how the Biden administration enforces the FACE Act; politics trumps justice.

In his “Letter from Birmingham Jail,” Dr. Martin Luther King, Jr., who was imprisoned unjustly for an act of nonviolent civil disobedience in defending the rights of African Americans, explained the self-evident truth that there are both just and unjust laws. He referenced St. Augustine and St. Thomas Aquinas, who centuries before, defined the difference: “an unjust law is no law at all.”

“A just law is a man-made code that squares with the moral law or the law of God,” King wrote. “An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.”

Abortion degrades the human person; in fact, it destroys it. There is no doubt abortion is a violation of moral law. Lauren Handy and her associates suffering in prison today are being punished for defying an unjust law.

LifeNews Note: Penny Nance is CEO and President of Concerned Women for America, the nation’s largest public policy women’s organization.