Federal Judge Delays Pro-Life Activists' Sentencing Pending 2024 Election Outcome

 December 4, 2024

A federal judge has postponed the sentencing of seven pro-life activists, indicating the 2024 presidential election could influence their case.

The delay is tied to possible changes in the administration that could affect the application of the Freedom of Access to Clinic Entrances (FACE) Act, Breitbart reported

Judge Matthew Leitman of the federal court has decided to pause the sentencing for seven activists convicted under the FACE Act during a 2020 protest in Michigan. This move comes amid anticipation of policy shifts following the presidential election.

The activists, facing up to ten years in prison, had their case postponed to a status conference set for the week of March 24, 2025. This decision by Judge Leitman reflects the potential for significant legal changes post-election.

During his campaign, former President Donald Trump openly criticized the Biden administration's aggressive enforcement of the FACE Act, especially against pro-life advocates. This criticism aligns with Trump’s promises to reassess such prosecutions.

Political Influence On Legal Proceedings Highlighted

The Biden administration's prosecution of FACE Act cases has seen a notable increase since the Supreme Court's Dobbs decision in 2022, which has led to heightened scrutiny of such cases.

Trump, signaling potential pardons, has mentioned several pro-life activists by name, asserting that their imprisonment was politically motivated and promising swift action if re-elected.

In September 2023, Republican lawmakers including Rep. Chip Roy and Sen. Mike Lee proposed a bill to repeal the FACE Act, which they argue has been misused to target pro-life activists.

Legal Experts Discuss Unusual Judicial Decisions

In response to the judge’s unprecedented delay, Steve Crampton, senior counsel for the Thomas More Society, expressed surprise, noting such a postponement is highly unusual and possibly indicative of the politicized nature of these cases.

Crampton’s observation suggests a growing sentiment among legal experts that the application of the FACE Act could be reevaluated depending on the election's outcome.

As part of their defense strategy, the Thomas More Society is preparing formal petitions for pardons, anticipating a favorable shift with the new administration.

Anticipated Changes Stir Broad Legal Debates

Judge Leitman, in his order dated November 19, underscored the importance of reassessing the case after the election, reflecting a judicial openness to potential executive and legislative changes.

Donald Trump has vocally supported these activists, claiming excessive force in their arrests and pledging to address their cases as one of his first acts upon potentially returning to the White House.

Rep. Chip Roy also highlighted the necessity of legislative action against what he views as persecution under the FACE Act, indicating a significant push from some quarters to overhaul how the law is applied.

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