“My only problem with his arrest is if it was under the FACE act which I strongly believe is in and of itself unconstitutional.”
SCOTUS disagrees.
L
I don’t believe the FACE act has ever been before SCOTUS.
A correction to my first reply. The SCOTUS has refused to hear challenges to the law. But that was in 1996 (?). The main courts that upheld it based that opinion on the commerce clause.
Please note “anti-choice” is not the word I would use.
“Six Wisconsin anti-choice protestors, who had been arrested in September 1994 after participating in a blockade of a Milwaukee women’s health facility, had successfully petitioned the US District Court for the Eastern District of Wisconsin to dismiss criminal charges based on FACE. While the district court held that Congress had no authority under the Commerce Clause or under the Fourteenth Amendment of the US Constitution to enact FACE, the appellate panel found that the lower court had not given sufficient consideration to congressional findings that the activities restricted by FACE substantially affect interstate commerce and are subject to the regulatory power of Congress.”
The article can be found at
https://pubmed.ncbi.nlm.nih.gov/12320456/