Ted Cruz and Mike Lee Say Loretta Lynch’s Justic Department Favors Abortion Clinics, Neglects to Protect House of Worship

Sens. Ted Cruz, R-Texas, and Mike Lee, R-Utah, both members of the Senate Judiciary Committee, send a letter to the Justice Department demanding documents regarding the enforcement of the FACE Act. (Photo: Newscom/Tom Williams/CQ Roll Call)
Sens. Ted Cruz, R-Texas, and Mike Lee, R-Utah, both members of the Senate Judiciary Committee, send a letter to the Justice Department demanding documents regarding the enforcement of the FACE Act. (Photo: Newscom/Tom Williams/CQ Roll Call)

Sens. Ted Cruz of Texas and Mike Lee of Utah are accusing the Justice Department of pursuing “frivolous prosecutions” against the pro-life movement and having, according to the senators’ offices, “what appears to be an exceptionally heavy bias” in favor of abortion clinics over houses of worship in a letter sent to U.S. Attorney General Loretta Lynch Tuesday.

The letter concerns the Justice Department’s enforcement of the 1994 Freedom of Access to Clinic Entrances (FACE) Act, a law that prohibits any use or threat of force and physical obstruction outside abortion clinics and places of religious worship. The law, however, does not criminalize peaceful protests or other First Amendment-protected activities outside abortion facilities or places of worship.

In the letter, obtained by The Daily Signal, the Republican senators write:

The [Justice Department’s] brazen pursuit (and subsequent online promotion) of—at best—frivolous prosecutions in the abortion context, combined with its failure to list any prosecutions or enforcement activities in the religious worship context, gives the distinct impression of a warped and biased enforcement of FACE by the [Justice Department].

Cruz and Lee reference the Civil Rights Division’s web page, which cites “more than 15 FACE actions in more than a dozen states” that the Justice Department has filed. The website also notes “ongoing investigations in other states,” along with “several FACE cases and settlement agreements concerning abortion clinic workers or abortion facilities.”

“Interestingly, it does not list a single case concerning the freedom of religious exercise at houses of worship,” Cruz and Lee write.

To further investigate the alleged double standard, Cruz and Lee are demanding that Lynch hand over a broad range of documents pertaining to the FACE Act dating back to January 2009.

For example, the senators requested that the Justice Department “identify the number of matters the [Justice Department] has investigated, looked into, or reviewed concerning potential FACE enforcement” with regard to access to both abortion facilities and houses of worship.

They are also seeking information about whether or not the Justice Department coordinated or closely communicated with abortion facilities or houses of worship in any of its investigations. Another request, for example,  states:

Identify by date, location, and name of organization, every discussion, conference, or meeting (whether by e-mail, text message, phone, video or in person) between the DOJ and any abortion clinic or facility, abortion provider, parent organization or affiliate, concerning FACE enforcement with regard to access to abortion facilities.

According to the FBI, the U.S. experienced a “dramatic escalation in the number of acts of violence and harassment directed towards reproductive health care providers and clinics” in the mid-1980s. Since the passage of the 1994 FACE Act, “the number of violent crimes committed against reproductive health care providers and facilities has dramatically decreased.”

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SOURCE: The Daily Signal
Kelsey Harkness