US judge dismisses DOJ lawsuit against pro-Palestinian protesters under abortion clinic access law

US District Judge Katharine Hayden dismissed a Justice Department lawsuit against pro-Palestinian protesters on October 2, 2026, ruling that the government failed to adequately plead violations of the 1994 FACE Act. The lawsuit, filed in September 2025, accused activists of intimidating attendees at a November 2024 West Bank real estate event at a New Jersey synagogue. The dismissal was without prejudice, allowing the Trump administration 30 days to file an amended complaint.

Lawsuit over the New Jersey synagogue protest

• ▪The Justice Department's lawsuit alleged the November 2024 protest escalated into violence, with demonstrators physically assaulting worshippers and using chants and vuvuzelas to disrupt the event.
• ▪The US Justice Department filed a lawsuit in September 2025 accusing pro-Palestinian activists of intimidating attendees during a November 2024 protest at a synagogue in New Jersey.
• ▪On October 2, 2026, US District Judge Katharine Hayden dismissed the Justice Department's FACE Act lawsuit against pro-Palestinian organizations and protesters without prejudice, ruling the complaint was inadequate but allowing 30 days to file an amended complaint.
• ▪The November 2024 New Jersey synagogue event was billed as a spiritual service and real estate fair promoting property sales in Israeli settlements in the occupied West Bank.

Application of the FACE Act

• ▪The dismissed lawsuit was brought under the Freedom of Access to Clinic Entrances Act, a 1994 law prohibiting force and physical obstruction at reproductive health centers or houses of worship.
• ▪The September 2025 lawsuit marked the first time the Justice Department used the FACE Act to allege interference with religious worship rather than abortion clinic access.
• ▪The Justice Department has brought several cases against protesters who have obstructed abortion clinics.

Trump administration policy on the FACE Act

• ▪Harmeet Dhillon, head of the Justice Department's Civil Rights Division, stated that restrictions on FACE Act prosecutions do not apply to cases involving houses of worship.
• ▪President Donald Trump pardoned several individuals prosecuted under the FACE Act in 2025.
• ▪The Trump administration curtailed the use of the FACE Act in abortion-related cases, claiming past criminal prosecutions represented an improper, politicized use of law enforcement.

Stance on pro-Palestinian protests

• ▪Pro-Palestinian demonstrators state that their criticism of Israeli military actions in Gaza and the occupation of Palestinian territories is not antisemitism and should not be equated with extremism.
• ▪The Trump administration expanded social media screening of immigrants and imposed sanctions on some critics of Israel.
• ▪The Trump administration attempted to deport foreign pro-Palestinian protesters and threatened funding freezes for universities where protests were held.
• ▪The Trump administration characterizes pro-Palestinian protesters as antisemitic and supportive of extremists.

Debatable claims

• ▪The Trump administration's selective enforcement of the FACE Act is politically motivated
• ▪Protests targeting synagogues hosting West Bank land sales are antisemitic
• ▪The DOJ is justified in using the FACE Act to prosecute synagogue protesters
• ▪Synagogues hosting West Bank real estate fairs forfeit their status as purely religious sanctuaries