New DOJ Strategy Under Trump: Shifts in Enforcement and Its Ramifications

President Trump’s Department of Justice has made a significant shift in its approach to enforcing the Freedom of Access to Clinic Entrances (FACE) Act, marking a clear departure from previous administrations and stirring debate on reproductive rights and pro-life advocacy.

Top Takeaways

Trump’s DOJ limits FACE Act prosecutions to “extraordinary circumstances” with “significant aggravating factors.”
Three FACE Act cases from 2021 clinic blockades ordered to be dismissed.
Move aims to end perceived “weaponization” of law enforcement against pro-life activists.
Decision praised by pro-life groups, criticized by abortion-rights advocates.
Future FACE Act prosecutions require authorization from the Assistant Attorney General for Civil Rights Division.

Trump Administration’s New FACE Act Enforcement Policy

The Department of Justice under President Trump has issued a directive to limit prosecutions under the Freedom of Access to Clinic Entrances (FACE) Act. This new policy restricts enforcement to cases involving “extraordinary circumstances” or those with “significant aggravating factors.” The move represents a stark contrast to the previous administration’s approach and has led to the dismissal of three cases related to clinic blockades in Tennessee, Pennsylvania, and Ohio.

DOJ Promises End to ‘Weaponization’ of FACE Act, Drops Three Cases https://t.co/oU2ovpb1K4

— Dawn Wildman (@WildmanDawn) January 28, 2025

This shift in policy is part of the Trump administration’s broader effort to address what it describes as the “weaponization” of law enforcement. Chad Mizelle, a senior official in the Trump administration, explained the rationale behind this decision:

“President Donald Trump campaigned on the promise of ending the weaponization of the federal government and has recently directed all federal departments and agencies to identify and correct the past weaponization of law enforcement”

Impact on Pro-Life Advocacy

The decision has been met with enthusiasm from pro-life groups and advocates. The Thomas More Society, which has represented many defendants in FACE Act cases, hailed the decision as a significant moment. Peter Breen, Executive Vice President and Head of Litigation for the Thomas More Society, stated:

“Thomas More Society welcomes the news that the Department of Justice has been directed to dismiss with prejudice three remaining FACE Act cases brought against our peaceful pro-life clients. In all three of these cases, our attorneys have led the defense of pro-life advocates targeted by Biden’s DOJ—which had sought crushing penalties, fines, and injunctions against them, to stop them from sharing their pro-life message.”

The announcement coincided with Trump’s support for anti-abortion protesters at the March for Life and his pardoning of anti-abortion activists previously convicted under the FACE Act. Vice President JD Vance praised these actions, referring to Trump as “the most pro-life American president of our lifetimes.”

Concerns and Criticisms

While pro-life advocates celebrate this policy shift, abortion-rights supporters have expressed concern. Critics argue that the new approach disregards the law and potentially endangers abortion providers and those seeking reproductive health services. The DOJ’s memo acknowledges the disparities in enforcement, noting:

“Even though more than 100 crisis pregnancy centers, pro-life organizations, and churches were attacked in the immediate aftermath of the Dobbs decision, nearly all prosecutions under the FACE Act have been against pro-life protesters. That is not the even-handed administration of justice.”

This statement highlights the administration’s view that the FACE Act has been disproportionately applied to pro-life activists, despite incidents targeting pro-life organizations.

Looking Ahead

The DOJ’s new policy requires future FACE Act prosecutions to be limited to serious violations and obtain authorization from the Assistant Attorney General for the Civil Rights Division. This additional oversight aims to ensure more balanced enforcement of the law. Some Republican lawmakers, including Rep. Chip Roy and Sen. Mike Lee, are advocating for the complete repeal of the FACE Act, arguing that it has been used unconstitutionally against pro-life Americans.

As the debate continues, President Trump has reaffirmed his commitment to pro-life causes, stating, “We will again stand proudly for families and for life.” This policy shift underscores the ongoing political and legal tensions surrounding reproductive rights and pro-life advocacy in the United States.