FACE Act prosecution to continue after judge denies effort to dismiss charges
Case grew out of an antiabortion harassment of facility in DC in 2020
A prosecution of a violation of the Freedom to Access Clinic Entrances Act will continue after a federal judge denied the antiabortion defendants’ attempts to have the case dismissed.
The case, U.S. v. Harlow, was filed in October 2020 after a group brought a duffle bag of rope and chain into a reproductive healthcare facility. The legal question concerns whether the FACE Act remains viable after the Dobbs decision.
Lawyers moved to dismiss the indictment for lack of jurisdiction, arguing that Dobbs holding further precluded any federal regulation of conduct outside of facilities that provide abortion services. The Court has ordered limited, supplemental briefing for that motion, which remains pending before the Court.
The Defendants have argued that the law has violated their free speech rights.
This case could clarify how antiabortion protestors will be treated going forward if there is questionable behavior and conduct on their part outside of facilities. The decision is attached.
