First Federal Appeals Court finds anti-violence law constitutional

In a unanimous decision issued on February 13, (1995) a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit upheld the dismissal of two anti-choice challenges to the Freedom of Access to Clinic Entrances Act (FACE). The first mid-level federal bench to rule on FACE's validity, the appeals court held that the law "strikes a balance among competing rights holders. It protects those who seek or provide reproductive health services without suppressing robust debate about abortion. Those opposed to abortion or any other reproductive health service retain the freedom to express their deeply-held moral or religious views in a peaceful, non-obstructive way." In mid-June of last year in American Life League v. Reno, U.S. District Court Judge Leonie Brinkema in Alexandria, Virginia, found that FACE did not violate abortion opponents' First Amendment rights. In open court the next month, Judge Brinkema dismissed Woodall v. Reno, which was filed by an abortion opponent in concert with Concerned Women for America. The cases were consolidated on appeal. Attorneys for the plaintiffs have indicated that they will seek U.S. Supreme Court review. Every other federal court to rule on FACE since its May 1994 enactment has also found the measure constitutional.