Appellate Section - Freedom of Access to Clinic Entrances Act

Briefs and Opinions

• United States v. Zastrow (6th Cir.) - Appellee

  • Zastrow has not identified a substantial question of law or fact likely to result in reversal of or a new trial for his FACE Act conviction
  • Zastrow has not raised a substantial question of law or fact regarding individual voir dire likely to result in reversal of or a new trial for his convictions

   

  Document	Date
  Court of Appeals Order
  Response to Motion for Release Pending Appeal	10/11/24

• United States v. Vaughn (6th Cir.) - Appellee

  • This Court should apply the standard for release pending appeal in 18 U.S.C. 3143(b) to Vaughn’s request to stay his sentence
  • Vaughn has not identified a substantial question of law or fact likely to result in reversal of his FACE Act conviction or a new trial
  • Vaughn has not identified a substantial question of law or fact likely to result in reversal of his conspiracy conviction or a new trial

   

  Document	Date
  Court of Appeals Order	11/14/24
  Response to Motion to Stay Sentence Pending Appeal	08/09/24

• United States v. Lauren Handy, et al. (D.C. Cir.) - Appellee

  • The court must use the modified categorical approach to determine whether defendants’ FACE Act offense constitutes a crime of violence
  • Defendants’ Section 248(a)(1) offense is a “crime of violence” that requires mandatory detention under 18 U.S.C. 3143(a)(2)
  • Handy misunderstands and misreads the FACE Act when discussing and applying the modified categorical approach
  • Handy identifies no error in the district court’s finding that no exception to presentence detention under 18 U.S.C. 3143(a)(2) applies

   

  Document	Date
  Court of Appeals Order and Judgment , available at 2023 WL 7277155	11/03/23
  Memorandum of Law and Fact	10/12/23
  Court of Appeals Order	09/22/23
  Opposition to FRAP 9(A) Memorandum for Release Pending Sentencing	09/12/23

• FemHealth dba carafem v. Williams (6th Cir.) - Amicus

  • The district court correctly held that a partial physical obstruction of a reproductive health care facility can violate the FACE Act

   

  Document	Date
  Court of Appeals Decision, reported at 83 F.4th 551	09/29/23
  Brief as Amicus	03/20/23

• United States v. Dillard (10th Cir.) - Appellant/Cross-Appellee

  • The district court incorrectly applied the test for a true threat
  • The district court applied the wrong legal standard in requiring that the threatened violence be imminent and unconditional
  • The district court misapplied the requirement to the facts of this case, i.e., a reasonable person could read the letter to suggest that Dillard would be a participant in the threatened violence and that the letter was not just a prediction of harm at the hands of others

   

  Document	Date
  Court of Appeals Decision, reported at 795 F.3d 1191	07/28/15
  Reply/Cross-Appellee Brief (Under Seal)	08/01/14
  Brief as Appellant/Cross-Appellee	04/02/14

• McCullen v. Coakley (S. Ct.) - Amicus

  • The Massachusetts statute that creates 35-foot buffer zones around reproductive health care facilities' entrances and driveways is neutral as to both content and viewpoint, and it survives intermediate scrutiny

   

  Document	Date
  Supreme Court Decision, reported at 134 S. Ct. 2518	06/26/14
  Brief as Amicus	11/22/13

• United States v. Alaw (D.C. Cir.) -- Appellee

  • Whether the district court erred in finding that Defendants were sufficiently likely to violate the Freedom of Access to Clinic Entrances Act, 18 U.S.C. 248 (Access Act), in the future to warrant issuing an injunction
  • Whether injunctive relief under the Access Act must be predicated upon pervasive, egregious, unlawful conduct
  • Whether injunctive relief is prohibited if civil penalties are available to deter future illegal conduct
  • Whether the injunction issued on remand violates the First Amendment because it prohibits otherwise lawful expressive conduct
  • Whether the district court was required by the First Amendment to prohibit only acts committed with the mens rea necessary to prove a violation of the Access Act
  • Whether the injunction is unconstitutionally overbroad because it is not tailored to each covered facility
  • Whether the injunction is unconstitutional because it does not permit Defendants to sit, stand or kneel alone in front of the entrances of covered facilities

   

  Document	Date
  Court of Appeals Decision, reported at 327 F.3d 1217	05/06/03
  Brief as Appellee	10/22/02

• United States v. Alaw (D.C. Cir.) -- Appellee

  • Defendants' conduct violated the Freedom of Access to Clinic Entrances Act
  • Injunction issued to enforce FACE does not violate the First Amendment

   

  Document	Date
  Court of Appeals Decision, reported at 247 F.3d 279	05/01/01
  Brief as Appellee	11/27/00

• United States v. Gregg (3d Cir.) -- Appellant/cross-appellee

  • Defendants are individually, not jointly and severally, liable under the Freedom of Access to Clinic Entrances Act for statutory damages of $5,000 per violation
  • FACE is a valid exercise of the Commerce Clause
  • FACE does not violate the First Amendment
  • FACE is not vague or overbroad

   

  Document	Date
  Certiorari Denied, reported at 532 U.S. 971	04/15/01
  Opposition to Petition for Writ of Certiorari	03/12/01
  Court of Appeals Decision, reported at 226 F.3d 253	09/07/00
  Reply Brief	12/13/99
  Brief as Appellant/Cross-Appellee	10/06/99

• United States v. Hart (8th Cir.) -- Appellee

  • FACE is a valid exercise of the Commerce Clause
  • FACE does not violate the First Amendment
  • FACE is not vague or overbroad
  • Parking rental trucks at the entrance of abortion clinics could constitute a "threat of force," in violation of FACE

   

  Document	Date
  Certiorari Denied, reported at 531 U.S. 1114	01/16/01
  Opposition to Petition for Writ of Certiorari	12/13/00
  Petition for Rehearing En Banc Denied	06/16/00
  Brief Opposing Petition for Rehearing En Banc	05/31/00
  Court of Appeals Decision, reported at 212 F.3d 1067	05/01/00
  Brief as Appellee	06/19/99

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