Title: Reproductive Choice Act
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
Reproductive Choice Act
This bill provides statutory authority for certain Supreme Court holdings on abortion rights and restrictions in the cases of 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.
The bill provides statutory authority for these holdings. It also specifies that the bill does not affect laws regarding conscience protection.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3713 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3713

 To codify the essential holdings of Roe v. Wade (410 U.S. 113 (1973)) 
and Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 
                              833 (1992)).


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2022

 Ms. Collins (for herself and Ms. Murkowski) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To codify the essential holdings of Roe v. Wade (410 U.S. 113 (1973)) 
and Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 
                              833 (1992)).

    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 Choice Act''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to codify the essential holdings of 
Roe v. Wade (410 U.S. 113 (1973)) and Planned Parenthood of 
Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)).

SEC. 3. CLARIFICATION OF ALLOWABLE STATE REQUIREMENTS.

    (a) In General.--A State--
            (1) may not impose an undue burden on the ability of a 
        woman to choose whether or not to terminate a pregnancy before 
        fetal viability;
            (2) may restrict the ability of a woman to choose whether 
        or not to terminate a pregnancy after fetal viability, unless 
        such a termination is necessary to preserve the life or health 
        of the woman; and
            (3) may enact regulations to further the health or safety 
        of a woman seeking to terminate a pregnancy.
    (b) Clarification.--For purposes of this Act, unnecessary health 
regulations that have the purpose or effect of presenting a substantial 
obstacle to a woman seeking to terminate a pregnancy impose an undue 
burden.
    (c) Rule of Construction.--Nothing in this Act shall be construed 
to have any effect on laws regarding conscience protection.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) 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.
            (2) Undue burden.--The term ``undue burden'' means any 
        burden that places a substantial obstacle in the path of a 
        woman seeking to terminate a pregnancy prior to fetal 
        viability.
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