CA5 Access to Clinic prosecution; commerce clause

U.S. v. Bird is a repeat prosecution under the Freedom of Access to Clinic Entrances Act (FACE).  In a 1997 prosecution of Frank, the Fifth Circuit held FACE validly within Congress’s Commerce Clause powers.  124 F.3d 667 (5th Cir. 1997). DeMoss dissented. In 2003, Bird drove a van through the front door of a Planned Parenthood facility in Houston, Texas and was prosecuted again under FACE.  In spite of Bird I, the district court held that under United States v. Morrison, 529 U.S. 598 (2000), FACE exceeded the Commerce Clause authority.  In a Garza opinion, Bird II holds that Morrison did not materially effect Bird I and vacated and remanded, reinstating the prosecution.  DeMoss again dissented.