The Biden administration has indicted at least 37 individuals on charges under the Freedom of Access to Clinics (FACE) Act. In just over three years, the Biden Department of Justice (DOJ) has accounted for more than a quarter of all FACE Act charges in the law's 30-year history. Notably, this includes the frequent use of a novel sentence enhancement, signaling a weaponization in the application of this law under the current administration.

The FACE Act itself is a prime example of federal overreach and an infringement on First Amendment rights. While the federal law applies both to conduct committed at abortion clinics and at pro-life facilities like pregnancy centers, enforcement has historically shown a focus on protecting access to abortion services. Thus, it has morphed into a tool for the selective persecution of pro-life advocates.

President-elect Donald Trump has a golden opportunity to correct this imbalance. In addition to his commendable promise to address the injustices faced by those involved in the January 6 protests, whom he rightly calls political prisoners, he should extend this mercy to these pro-life activists. Pardoning the twelve individuals currently imprisoned under the FACE Act would not only right a wrong but also send a strong message against the misuse of power by the Biden DOJ.

The repeal of the FACE Act is equally imperative. This law has no place in a society that values free speech, assembly, and the right to protest without fear of reprisal. It's an outdated piece of legislation that no longer serves its intended purpose in a post-Roe v. Wade America, where states are reclaiming their authority over abortion laws.