From Tool to Weapon: The FACE Act and the Dangers of Federalizing Criminal Law

House Judiciary Bill MarkupsHouse Judiciary Subcommittee on Constitution and Limited Government · 2026-04-28 · 119th Congress
The House Judiciary Subcommittee on the Constitution and Limited Government held this hearing to examine the Freedom of Access to Clinic Entrances (FACE) Act, focusing on a recent DOJ report alleging the Biden administration selectively enforced the law against pro-life activists, and on broader arguments for repealing federal criminal statutes that touch conduct traditionally regulated by states. Begins at 0:14:31
Transcript
Highlights

Title

Hearing on repealing the FACE Act and federal criminalization of clinic protests

Purpose

The House Judiciary Subcommittee on the Constitution and Limited Government held this hearing to examine the Freedom of Access to Clinic Entrances (FACE) Act, focusing on a recent DOJ report alleging the Biden administration selectively enforced the law against pro-life activists, and on broader arguments for repealing federal criminal statutes that touch conduct traditionally regulated by states. Witnesses included a FACE Act defendant pardoned by President Trump, an attorney who has defended FACE cases, a former DOJ civil rights official, and a law professor defending the statute's constitutionality and continued necessity. The hearing also became a forum for sharp partisan exchanges over abortion access, pardons, and violence at clinics. Begins at0:14:31

Who spoke

Chairman Chip Roy (R-TX)0:14:31: Opened by arguing federal criminal law is being "weaponized" and that the FACE Act exemplifies improper federalization of local conduct0:14:57; detailed a DOJ report alleging coordination between the Biden DOJ and groups like the National Abortion Federation and Planned Parenthood, including a same-day records request granted to NAF while Congress waited over three years0:16:580:17:27; announced he has called for repeal of the FACE Act0:20:44.

Ranking Member Mary Gay Scanlon (D-PA)0:22:40: Called this the third or fourth hearing attacking the FACE Act, tying it to Project 20250:22:40; cited National Abortion Federation data of 777 obstruction incidents and 296 threats of violence in two years0:24:160:25:07; recounted a Michigan patient blockaded en route to a medically necessary abortion and a Virginia clinic invasion0:25:310:26:24; noted six people, two previously pardoned by Trump, were arrested for invading a Delaware County, PA clinic in her district0:28:40.

Chairman Jim Jordan (R-OH), Full Committee Chair0:31:00: Said the Southern Poverty Law Center was indicted for paying $3 million to "informants" to foment the violence it claimed to fight, and that SPLC materials were used to train Biden DOJ FACE Act lawyers0:31:000:31:31; later questioned witnesses about attacks on churches and pregnancy centers after the Dobbs leak1:26:24.

Rep. Jamie Raskin (D-MD), Full Committee Ranking Member0:32:49: Argued eight federal circuit courts have upheld FACE's constitutionality under the Commerce Clause0:35:00; detailed the case of pardoned defendant Mizzetto, convicted for blockading a Sterling Heights, Michigan clinic where a woman losing amniotic fluid was trapped and harassed0:36:320:38:31; distinguished FACE defendants from civil-rights-era protesters, saying the former sought to stop others' access to care0:38:01; questioned witness Waters on whether there is a constitutional right to blockade clinics1:12:07.

Eva Edl, pardoned FACE Act defendant0:43:44: Described surviving a communist concentration camp as a child and viewing abortion clinics as comparable sites of killing0:44:260:45:18; said she was convicted in Michigan of two FACE violations and conspiracy against rights, facing up to 13 years and $300,000 in fines0:46:50; called for repeal of the FACE Act0:47:15.

Christopher Ferrara, Senior Counsel, Thomas More Society0:48:55: Argued FACE has been applied elastically to minor conduct, citing "bubble zones" he compared to Justice Scalia's "abridged edition of the First Amendment"0:50:210:50:42; listed sentences he called disproportionate — Joan Bell 27 months, Jean Marshall 24 months, Heather Idoni 24 months, Beverly Beatty 41 months0:52:01; cited a DOJ email referencing a "very Catholic magistrate" as evidence of bias0:52:56.

Roger Severino, Heritage Foundation0:53:47: Argued over-criminalization affects everyday conduct, citing an estimated 5,200 federal crimes and 300,000 regulatory crimes that even DOJ could not fully catalog0:55:430:56:12; said 97% of FACE prosecutions targeted pro-life defendants and that DOJ, where he formerly worked, never brought a FACE case for a church invasion until recently1:20:001:20:57.

Jessica Waters, American University Washington College of Law0:59:08: Said FACE targets only conduct—force, threats, and obstruction—not speech, and that every court to consider the question, including a 2025 Sixth Circuit ruling, has upheld its constitutionality post-Dobbs1:00:381:01:06; cited NAF data of three arsons, 621 trespass incidents, 296 death threats, and 777 obstruction counts in 2023–241:03:17; repeatedly declined under Rep. Gohmert's questioning to discuss abortion procedures, saying she came to discuss the FACE Act1:52:101:53:05.

A committee member from North Carolina1:04:12: Asked Ferrara whether FACE prosecutions chill pro-life activism1:05:02 and whether Trump's pardons reflect anti-Christian bias in Biden-era enforcement, citing a Richmond FBI memo on Catholics1:08:38.

A committee member from Missouri (Mr. Ander)1:16:03: Detailed DOJ report findings that the Garland-era task force coordinated with Planned Parenthood, NAF, and the Feminist Majority Foundation, and that pro-life defendants faced average sentences of 26.8 months versus 12.3 months for anti-life offenders1:16:261:18:06; asked Severino about disparate church-versus-clinic enforcement1:19:47.

Rep. Pramila Jayapal (D-WA)1:21:11: Criticized Trump administration actions on reproductive health and pardons of FACE Act violators1:21:38; pressed Waters with a rapid-fire list of services (STD testing, cancer screenings, prenatal care) made harder by repeal1:25:41.

A committee member from Tennessee1:32:15: Described 17 arrests at a Memphis Planned Parenthood clinic, noting some detainees were prior Trump pardonees re-arrested for FACE-type conduct1:34:341:35:03.

A committee member from Wyoming1:37:08: Cited the DOJ report's finding that 45+ pro-life defendants were charged versus few pro-choice defendants, and questioned Severino on the Houck case, including a reported $1 million settlement1:37:551:39:28.

A committee member from Vermont1:43:16: Cited a near five-decade history of 11 murders, 26 attempted murders, and hundreds of arsons and assaults against providers1:43:40; asked Waters about the murder of Dr. Slepian1:44:53.

Rep. Louie Gohmert (R-TX)1:49:05: Questioned Waters on whether abortion should be "safe, legal, and rare" and pressed her on preferred abortion methods, describing several procedures graphically; she repeatedly declined to answer, redirecting to the FACE Act1:49:23.

A committee member from California1:54:16: Argued the DOJ report reflects selective, politically motivated prosecution, cited clinic arsons in California and Ohio, and raised FACE Act charges against journalists in Minneapolis while a "MAGA influencer" went uncharged1:58:111:59:40.

A committee member from Wisconsin2:00:51: Asked Severino about a new Milwaukee abortion clinic sited in a minority neighborhood2:01:20 and about DOJ withholding evidence in United States v. Gallagher2:04:50.

Key moments

Chairman Roy said the National Abortion Federation received a full internal DOJ FACE Act prosecution report within one hour of requesting it on May 15, 2023, while Congress's identical request was stonewalled for over three years0:16:580:17:27.

A DOJ official reportedly wrote that releasing enforcement data would "open gates we will struggle to close," which Roy said acknowledged unequal enforcement0:17:27.

Chairman Jordan said the Southern Poverty Law Center — cited in a DOJ training memo calling pro-life Catholics extremists — was indicted for paying $3 million to informants to instigate the violence it claimed to combat0:31:000:31:31.

DOJ's report found pro-life defendants received average sentences of 26.8 months versus 12.3 months for pro-choice defendants, a disparity the Missouri member and Wyoming member cited as evidence of bias1:18:061:38:35; Waters countered that sentence length reflects repeat-offense enhancements built into the statute2:10:08.

Raskin detailed the Sterling Heights, Michigan clinic blockade underlying defendant Mizzetto's conviction, including testimony that a woman whose fetus had fatal anomalies was trapped in her car while protesters displayed fake fetus signs0:38:310:39:14.

Ferrara cited prison terms he called disproportionate for non-violent conduct: Joan Bell (27 months), Jean Marshall (24 months), Heather Idoni (24 months), and Beverly Beatty (41 months)0:52:01.

Severino said 97% of FACE Act prosecutions targeted pro-life activists and that, during his DOJ tenure, no case was brought over a church invasion despite documented attacks, including on a Mormon temple during the Prop 8 debate1:20:001:20:57.

Waters cited a 2025 Sixth Circuit decision holding that Dobbs "provides no basis to reconsider" FACE's constitutionality, and noted courts in Tennessee, New York, DC, and Pennsylvania reached the same conclusion1:01:061:02:03.

Rep. Gohmert repeatedly asked Waters to name her preferred abortion method while describing several procedures in graphic detail; she declined each time, saying she came to discuss the FACE Act1:51:05.

Eva Edl testified she faced up to 13 years in prison and $300,000 in fines after being convicted of two FACE violations and conspiracy against rights in Michigan at age 890:46:502:12:56.

Metadata

CommitteeHouse Judiciary Subcommittee on Constitution and Limited Government
Chamber / CongressHouse · 119th Congress
Date2026-04-28
TypeHearing
Witnesses
Mr. Roger Severino — Vice President, Economic and Domestic Policy, Joseph C. and Elizabeth A. Anderlik Fellow
Ms. Jessica Waters — Senior Scholar in Residence, Justice, Law & Criminology
Ms. Eva Edl
Mr. Christopher Ferrara — Senior Counsel, Thomas More Society
Videoyoutube
Transcript421 caption blocks · 19,972 words · 2:18:25 runtime
EventCongress.gov 119234