Reproductive Freedom for All Act
Bill: S.4688 | Sponsor: Sen. Kaine, Tim (D-VA)
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
Reproductive Freedom for All Act
This bill establishes a general right of all persons to make certain reproductive decisions without undue government interference.
It specifically provides statutory authority for the Supreme Court's prior holdings in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. In Roe, the Court held that the Constitution protects a woman's decision to terminate her pregnancy. In Casey, the Court reaffirmed this holding and additionally held that state abortion regulations may not place a substantial obstacle in the path of a woman seeking an abortion before fetal viability (i.e., an undue burden). However, a state may (1) restrict abortions after viability, except when a pregnancy endangers the life or health of the woman; and (2) enact regulations to further the health or safety of a woman seeking an abortion, except for unnecessary health regulations that present a substantial obstacle to a woman seeking an abortion.
Additionally, the bill provides statutory authority for the Court's holdings in Griswold v. Connecticut (the right of married couples to obtain contraception), Eisenstadt v. Baird (the right of single persons to obtain contraception), Carey v. Population Services International (the right of minors to obtain contraception), and Whole Woman's Health v. Hellerstedt (that certain state restrictions on abortion facilities and providers created an undue burden).
The bill allows the Department of Justice or any person adversely affected by a state law that violates this bill to seek injunctive relief. It also specifies that the bill does not affect laws regarding conscience protection.

To guarantee that Americans have the freedom to make certain 
     reproductive decisions without undue government interference.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Reproductive Freedom for All Act''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to guarantee that Americans have the 
freedom to make certain reproductive decisions without undue government 
interference, consistent with the essential holdings of Griswold v. 
Connecticut (381 U.S. 479 (1965)), Eisenstadt v. Baird (405 U.S. 438 
(1972)), Roe v. Wade (410 U.S. 113 (1973)), Carey v. Population 
Services International (431 U.S. 678 (1977)), Planned Parenthood of 
Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)), and Whole 
Woman's Health v. Hellerstedt (579 U.S. 582 (2016)).

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) For decades, the Supreme Court of the United States has 
        held that the liberty protected by the Fourteenth Amendment 
        encompasses a right to make certain reproductive decisions 
        without undue government interference.
            (2) While these precedents have advanced slightly different 
        constitutional rationales, and have acknowledged that some 
        government regulation is acceptable, they have created a 
        society whereby Americans expect to make certain reproductive 
        decisions without undue government interference. Generations of 
        American women have relied on the fact that they have the 
        freedom to make such choices as a matter of fundamental 
        personal right.
            (3) The right to make certain reproductive decisions 
        without undue government interference should be guaranteed for 
        all Americans, consistent with the Fourteenth Amendment's 
        guarantee of equal protection and due process under the law.
            (4) The Supreme Court has recently reversed five decades of 
        jurisprudence in Dobbs v. Jackson Women's Health Organization 
        (142 S. Ct. 2228 (2022)), concluding that questions related to 
        the legality of abortion services are a matter for legislative 
        action rather than constitutional protection.
            (5) In light of the Dobbs ruling that the legality of 
        abortion services is now a matter of legislative action, it is 
        appropriate to enact the essential holdings of the cases 
        referred to in section 2 so that Americans are guaranteed the 
        freedom to make the reproductive decisions discussed therein. 
        The absence of such a guarantee has a profound effect upon the 
        quality of Americans' lives, particularly the lives of women. 
        As such, this action is an appropriate exercise of the 
        Congressional power established in section 5 of the Fourteenth 
        Amendment to the Constitution of the United States. By 
        continuing to protect their reliance on fundamental 
        reproductive rights, such a guarantee will improve the general 
        welfare for generations of American women.
            (6) Enacting this guarantee is also justified as 
        congressional regulation of interstate commerce because 
        contraception and abortion services are economic transactions 
        that frequently involve the shipment of goods, the provision of 
        services, and the travel of persons across State lines.

SEC. 4. REPRODUCTIVE FREEDOM.

    (a) In General.--All persons shall have the right to make certain 
reproductive decisions without undue government interference, 
consistent with the provisions of this Act.
    (b) Authority.--A State--
            (1) shall not prohibit an individual from obtaining or 
        using contraceptives or contraceptive care;
            (2) shall not impose an undue burden on the ability of a 
        woman to choose whether or not to terminate a pregnancy before 
        fetal viability;
            (3) may regulate the termination of a pregnancy after fetal 
        viability, provided that a State shall not prohibit the 
        termination of a pregnancy that, in the appropriate medical 
        judgment of the attending health care practitioner or 
        practitioners, is medically indicated to protect the life or 
        health of the pregnant woman; and
            (4) may enact reasonable regulations to further the health 
        or safety of a woman seeking to terminate a pregnancy, unless 
        such regulations impose an undue burden pursuant to paragraph 
        (2).
    (c) Rule of Construction.--Nothing in this Act shall be construed 
to have any effect on laws regarding conscience protection.

SEC. 5. ENFORCEMENT.

    The Attorney General of the United States or any person adversely 
affected by State laws passed in contravention of this Act may seek 
injunctive relief in a Federal district or State court. In any action 
or proceeding under this section, the court, in its discretion, may 
allow the prevailing party, other than the United States, a reasonable 
attorney's fee as part of the costs.

SEC. 6. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Fetal viability.--The term ``fetal viability'' means 
        the time at which, in the appropriate medical judgment of the 
        attending health care practitioner or practitioners, there is a 
        realistic possibility of maintaining and nourishing a life 
        outside the womb.
            (2) Reasonable.--The term ``reasonable'' with respect to a 
        regulation referred to in paragraph (4) of section 4(b), means 
        that the regulation is consistent with the essential holdings 
        of the cases referred to in section 2.
            (3) State.--The term ``State'' includes the District of 
        Columbia, the Commonwealth of Puerto Rico, and each other 
        territory or possession of the United States, and any 
        subdivision of any of the foregoing.
    (b) Undue Burden.--For purposes of this Act, an undue burden shall 
be deemed to exist, and the related provision of law shall be invalid 
under section 4, if the purpose or effect of such law is to place a 
substantial obstacle in the path of a woman seeking to terminate a 
pregnancy before fetal viability.

SEC. 7. SEVERABILITY.

    If any provision of this Act, or the application of such provision 
to any person or circumstance is held to be invalid, the remainder of 
this Act and the application of the provisions of such to any person or 
circumstance shall not be affected thereby.
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