I 

118TH CONGRESS 

1ST SESSION H. R. 2430 

To create a rule of construction for Federal courts to apply in all cases 

regarding the provision or obtaining of reproductive health services and 

the imposition of capital punishment. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2023 

Ms. MACE introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To create a rule of construction for Federal courts to apply 

in all cases regarding the provision or obtaining of reproductive health services and the imposition of capital punishment. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Women’s Healthcare 

5 Anti-Death Penalty Construction Act’’. 


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1 SEC. 2. REPRODUCTIVE HEALTH SERVICES ANTI-DEATH 

2 PENALTY RULE OF CONSTRUCTION. 

3 (a) IN GENERAL.—Chapter 13 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 251. Reproductive health services anti-death pen7 alty rule of construction 

8 ‘‘(a) RULE OF CONSTRUCTION.—In each case before 

9 a Federal court involving the imposition of a sentence of 

10 death on an individual by a State court for a conviction 

11 of an offense under State law involving receiving or pro12 viding a reproductive health service, the court shall con13 strue the imposition of such sentence as cruel and unusual 

14 punishment, and a manifest miscarriage of justice at law. 

15 ‘‘(b) CAUSE OF ACTION FOR VIOLATIONS.— 

16 ‘‘(1) IN GENERAL.—A person who is sentenced 

17 to death in a State court for receiving or providing 

18 a reproductive health service, or their estates or suc19 cessors in interest, may bring an action under sec20 tion 1979 of the Revised Statutes of the United 

21 States (42 U.S.C. 1983), including for declaratory 

22 or injunctive relief. 

23 ‘‘(2) RIGHT CLEARLY ESTABLISHED AT LAW.— 

24 In an action brought under this section, the right 

25 against cruel and unusual punishment shall be con26 sidered clearly established at law in cases where of 


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1 the sentence of death is imposed on an individual for 

2 providing or receiving a reproductive health service. 

3 ‘‘(3) RESIDUAL HABEAS REMEDY.—A person 

4 who is sentenced to death in a State court for receiv5 ing or providing a reproductive health service shall 

6 be entitled to bring an action for habeas corpus re7 lief in Federal district court under section 2254 of 

8 title 28, United States Code, and such writ shall 

9 issue if the State court has imposed a cruel and un10 usual punishment, or performed a manifest mis11 carriage of justice, within the meaning of this sec12 tion. 

13 ‘‘(4) JURISDICTION AND VENUE.—Jurisdiction 

14 and venue is appropriate in any Federal court in 

15 which an action under section 1979 of the Revised 

16 Statutes of the United States (42 U.S.C. 1983) may 

17 be brought. 

18 ‘‘(c) PREEMPTION.—This Act preempts any State 

19 law that conflicts with this section of this Act. 

20 ‘‘(d) DEFINITIONS.—In this section: 

21 ‘‘(1) The term ‘reproductive health services’ 

22 means the same as the term is defined under section 

23 248(e)(5) of title 18, United States Code. 

24 ‘‘(2) The term ‘State’ means a State, Territory, 

25 Tribal Nation, Federal enclave, outlying possession, 


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1 or other property of the United States, and includes 

2 local and municipal governments.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 for chapter 13, title 18, United States Code, is amended 

5 by inserting after the item relating to section 250 the fol6 lowing: 

‘‘251. Reproductive health services anti-death penalty rule of construction.’’. 

Æ 


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