Casten, Schakowsky, Nadler, 72 House Democrats Demand DOJ Enforce FACE Act, Protect Women’s Health Clinics
Washington, D.C. — U.S. Representatives Sean Casten (IL-06), Jan Schakowsky (IL-09), and Jerrold Nadler (NY-12) led 72 House Democrats in a letter to Attorney General Pam Bondi demanding the Department of Justice (DOJ) fully enforce the Freedom of Access to Clinic Entrances (FACE) Act and ensure women and health care providers are not threatened, harassed, or abused while trying to enter reproductive health care facilities.
“Limiting the Justice Department from enforcing bipartisan law will put at risk the well-being and security of patients, providers, and others at reproductive health care facilities,” the lawmakers wrote. “Individuals have the right to freedom of speech and the right to peacefully gather to protest. However, individuals do not have the right to use physical force or intimidation as these acts pose a threat to those attempting to access a range of health care services - from abortion care to breast cancer screenings, prenatal care, reproductive counseling, and in vitro fertilization (IVF).”
The FACE Act, passed in 1994 and signed into law by President Bill Clinton, protects safe access to reproductive health care facilities, and prevents abuse and harassment of patients, families, and health care providers. Last month, the DOJ issued a memo directing Department prosecutors to severely limit enforcement of the FACE Act, a potentially illegal directive that removes a vital legal tool, emboldens protesters to commit acts of violence and intimidation, and endangers those seeking care.
In addition to Reps. Casten, Schakowsky, and Nadler, the letter was signed by Reps. Bonnie Watson Coleman, Delia Ramirez, Eleanor Holmes Norton, Jennifer McClellan, Jesús “Chuy” García, Henry “Hank” Johnson, Gerald Connolly, Grace Meng, Haley Stevens, Seth Moulton, Mikie Sherrill, Nydia Velázquez, Rashida Tlaib, Julia Brownley, Scott Peters, Becca Balint, Paul Tonko, Ritchie Torres, Dan Goldman, Alexandria Ocasio-Cortez, Raúl Grijalva, Doris Matsui, Nanette Diaz Barragán, Sheila Cherfilus-McCormick, Danny Davis, Mike Quigley, Mary Gay Scanlon, Stephen Lynch, Jill Tokuda, Maxine Dexter, Jimmy Panetta, Raja Krishnamoorthi, Salud Carbajal, Andrea Salinas, Kathy Castor, Mark Pocan, Jimmy Gomez, Judy Chu, Hillary Scholten, Morgan McGarvey, George Latimer, Seth Magaziner, Frederica Wilson, Jake Auchincloss, Greg Casar, Dina Titus, Nikki Budzinski, Eric Swalwell, Kweisi Mfume, Sarah McBride, Juan Vargas, Bill Foster, John Larson, Johnny Olszewski, Sharice Davids, Robin Kelly, Mark DeSaulnier, Lizzie Fletcher, Emanuel Cleaver, Julia Johnson, Brittany Pettersen, Yassamin Ansari, Suzan DelBene, Emilia Sykes, Angie Craig, Steven Cohen, Janelle Bynum, LaMonica McIver, and Glenn Ivey.
A copy of the letter can be found here. Text of the letter can be found below.
Dear Attorney General Bondi:
We write to you to condemn your administration’s directive to minimize enforcement of the Freedom of Access to Clinic Entrances (FACE) Act. On January 24th, 2025, your incoming Chief of Staff, Chad Mizelle, penned a memorandum indicating that “future abortion-related FACE Act prosecutions and civil actions will be permitted only in extraordinary circumstances.” Moreover, the memorandum states that “until further notice, no new abortion-related FACE Act actions—criminal or civil—will be permitted without authorization from the Assistant Attorney General for the Civil Rights Division.” To be clear: Congress writes the law. The oath you took is to enforce the law. Our country is founded on the rule of law, and it is the Department of Justice’s duty to enforce existing federal law.
Your potentially illegal directive, which neglects your duty to enforce the duly enacted FACE Act, removes a vital legal tool, emboldens protesters to commit acts of violence and intimidation, and endangers patients, their companions, and healthcare providers. Worse yet, it signals to criminals that they will not be prosecuted for violations of federal law, jeopardizing the safety of all Americans. We demand that you withdraw this memorandum that instructs prosecutors to substantially limit FACE Act violations and remind the Department of Justice (DOJ) to vigorously enforce the FACE Act and other protections for those seeking access to health care.
In 1994, Congress enacted the FACE Act with broad bipartisan support to protect the rights of patients to safely access reproductive health services. Failure to do so undermines the rule of law and sets a dangerous precedent. or interfere with an individual’s right to seek, obtain or provide reproductive health services. The DOJ is tasked by Congress with the enforcement of federal laws. The principle of "faithful execution" of the law is embedded in the US constitution.
Both Republican and Democratic administrations have enforced the FACE Act over the last 30 years. During the Clinton Administration, clinics experienced fewer violent incidents in the years following the passage of the FACE Act. The United States General Accounting Office reported at least 46 criminal and civil cases pertaining to FACE between the bill’s enactment in May 1994 and September 1998. The Bush Administration continued to enforce the FACE Act. The Obama Administration also continued to protect the right of access to reproductive health under the FACE Act, filing at least eight civil FACE complaints from 2009 to September 2011. Notably, the first Trump administration prosecuted multiple violations under the FACE Act. The first Trump administration’s enforcement of FACE Act violations included prosecuting defendants for sending threatening emails to abortion clinics, directing threatening social media posts to Planned Parenthood, throwing a Molotov cocktail through the front door of a Planned Parenthood clinic, and more. Most recently, the Biden administration forcefully defended the right to access reproductive healthcare, prosecuting at least 57 people for FACE Act violations between 2021 and 2024.
Patients and providers have increasingly become the targets of violence and harassment, ranging from threats to deadly attacks. The National Abortion Federation reported a significant increase in violence and disruptions against abortion providers in 2022 compared to 2021. The findings showed a 229% increase in stalking, a 231% increase in burglary, and a 25% increase in invasions targeting abortion clinic staff, patients, and providers. In the past decade, abortion clinics experienced a 100% rise in anthrax and bioterrorism threats. Furthermore, the number of clinic blockades more than doubled in recent years and incidents of picketing at facilities have been growing exponentially for years.
Limiting the Justice Department from enforcing bipartisan law will put at risk the well-being and security of patients, providers, and others at reproductive health care facilities. Individuals have the right to freedom of speech and the right to peacefully gather to protest. However, individuals do not have the right to use physical force or intimidation as these acts pose a threat to those attempting to access a range of health care services - from abortion care to breast cancer screenings, prenatal care, reproductive counseling, and in vitro fertilization (IVF). Therefore, we request answers to the following questions:
- Do you commit to rescinding the January 24th memorandum that severely curtails enforcement of the FACE Act? If so, what is your timeline for doing so?
- Under what authority do you assert the right to issue a memorandum to categorically direct prosecutors not to enforce the FACE Act?
- The recent memorandum instructs DOJ prosecutors to only enforce the FACE Act in “extraordinary circumstances.” Please clarify precisely what qualifications meet the bar of an “extraordinary circumstance.”
Thank you for your attention to this important matter. We look forward to your written response to our questions, by March 31, 2025.
Sincerely,
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