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To Speaker Mike Johnson: FACE Act needs a full repeal

Abortion rights and pro-life supporters clash outside the Supreme Court on April 24, 2024, in Washington, D.C. The Supreme Court hears oral arguments today on Moyle v. United States and Idaho v. United States to decide if Idaho emergency rooms can provide abortions to pregnant women during an emergency using a federal law known as the Emergency Medical Treatment and Labor Act to supersede a state law that criminalizes most abortions in Idaho.
Abortion rights and pro-life supporters clash outside the Supreme Court on April 24, 2024, in Washington, D.C. The Supreme Court hears oral arguments today on Moyle v. United States and Idaho v. United States to decide if Idaho emergency rooms can provide abortions to pregnant women during an emergency using a federal law known as the Emergency Medical Treatment and Labor Act to supersede a state law that criminalizes most abortions in Idaho. | Andrew Harnik/Getty Images

This week marks a significant turning point in the national debate over political violence, free speech and federal overreach.  AFA Action — joined by more than 50 pro-life, family-policy, and religious-liberty organizations — sent a sweeping coalition letter to Speaker Mike Johnson urging immediate and full repeal of the Freedom of Access to Clinic Entrances (FACE) Act.

The FACE Act makes it a federal crime to use physical force, threat of physical force, or physical obstruction to interfere with anyone seeking an abortion, or exercising their First Amendment right of religious freedom at a place of religious worship. 

The breadth of this coalition is itself newsworthy. It reflects a growing consensus across the conservative movement that this law is no longer a neutral safeguard but a deeply politicized weapon that undermines constitutional rights.

For decades, critics of the FACE Act have warned that its vague language and broad prosecutorial powers make it ripe for abuse. But the coalition letter represents a new level of urgency. These 50+ organizations are not merely raising concerns — they are sounding the alarm that the FACE Act has become a serious and escalating threat to peaceful citizens whose only “crime” is acting on their deeply held convictions.

The assault on Charlie Kirk underscores the urgency

The letter, spearheaded by AFA Action CEO Walker Wildmon, lays out a sobering pattern of selective enforcement: peaceful sidewalk counselors prosecuted as federal criminals, elderly citizens subjected to punishing sentences, and families terrorized by armed FBI raids. Meanwhile, clear threats and acts of political violence against conservatives routinely go unaddressed.

While the weaponization of the law has been evident for years, September’s shocking assault on Charlie Kirk intensified the urgency behind this week’s letter. The attack, which drew national attention, is part of a broader pattern of escalating hostility toward conservative individuals and organizations.

Yet, we have not seen federal authorities apply to left-wing aggressors the same zeal they apply to peaceful pro-life advocates. That disparity is exactly what drives the coalition’s concern. When the federal government selectively enforces the law, it emboldens extremists and fosters cynicism about the very institutions entrusted with ensuring public safety.

Why the letter targets Speaker Johnson

The coalition addressed its appeal directly to Speaker Mike Johnson for a reason. As former chairman of the House Judiciary Subcommittee on the Constitution and Limited Government, Johnson previously investigated FACE Act abuses and raised serious concerns about its biased enforcement. The signers believe he is uniquely positioned — and morally obligated — to lead the repeal effort now.

They urge him to bring forward Rep. Chip Roy’s H.R. 589, which would eliminate the FACE Act in its entirety.

A turning point for the conservative movement

This coalition letter is more than a policy request — it is a strategic moment for the conservative movement. For years, warnings about federal overreach were dismissed as partisan exaggeration. But the sheer size and variety of groups now calling for repeal — religious-liberty advocates, parental-rights organizations, family-policy groups and pro-life ministries — reveals a broad, shared conviction: the FACE Act has outlived any legitimate usefulness it once had.

Repealing it would not leave abortion facilities unprotected. It would simply return the responsibility for policing real violence to the states, where it belongs. It would also send a powerful message that Congress will no longer tolerate a two-tiered system of justice.

The coalition has now done its part by speaking with one unified voice

The question is whether Speaker Johnson and Congress are prepared to do theirs.

Jenna Ellis served as the senior legal adviser and personal counsel to the 45th president of the United States. She hosts “Jenna Ellis in the Morning” weekday mornings on American Family Radio, as well as the podcast “On Demand with Jenna Ellis,” providing valuable commentary on the issues of the day from both a biblical and constitutional perspective. She is the author of “The Legal Basis for a Moral Constitution.”

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