Do Americans Have Equal Justice Before the Law?

The liberty principle for this Freedom Friday concerns the guaranteed right for equal justice before the law. The Department of Justice, the FBI, and every single law enforcement agency in the United States are obligated to provide equal justice to every person. Yet, many people in America are questioning if we now have a two-tier justice system – one tier for conservatives and another for Democrats and their supporters. Yesterday, Attorney General Merrick Garland was grilled by several U.S. Senators, and Tyler O-Neil of The Daily Signal reported on it. 

Sen. Mike Lee, R-Utah, asked Garland about the case of pro-life activist Mark Houck, who faced charges for violating the Freedom of Access to Clinic Entrances Act, or FACE Act. A jury found Houck not guilty, and Houck claims he did not attack an abortion clinic, but merely pushed an abortion activist who had been antagonizing his son. He cited Catholic Vote statistics on attacks against pregnancy resource centers and Catholic churches after the leak of the decision in Dobbs v. Jackson Women’s Health Organization.

“In 2022 and for the first couple of months of 2023, DOJ’s announced charges against 34 individuals for blocking access to or vandalizing abortion clinics, and there have been over 81 recorded attacks on pregnancy centers, 130 attacks on Catholic churches since the leak of the Dobbs decision, and only two individuals have been charged,” Lee noted.

“So, how do you explain this disparity by reference to anything other than politicization of what’s happening there?” Lee asked.

Garland rationalized that the events at abortion centers are well documented and done during daylight hours, so it is easy to see the person. However, the attacks on pregnancy centers take place at night and in the dark. He said that the department has “put full resources on this” and “have put rewards out for this” and even asked for help from Catholic and other organizations to identify the people. He claimed that “every case against a pregnancy resource center” will be prosecuted if they can just find the people involved.

Catholic Vote faulted Garland’s response – “failing to distinguish between criminal acts and acts of protest protected by the U.S. Constitution.” The attacks at pregnancy centers are criminal and done in secret, while pro-life activists act during the day because they know their actions are legal and protected by the Constitution.