S. 317 · 118th Congress · Senate

Reproductive Freedom for All Act

Active· Read twice and referred to the Committee on the Judiciary.
Introduced
Feb 9, 23
Passed Senate
Pending
Passed House
Pending
Sent to President
Pending
Signed into Law
Pending

Executive 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.

Action Timeline

2
  1. FEB 09, 2023IntroReferral

    Introduced in Senate

  2. FEB 09, 2023IntroReferral

    Read twice and referred to the Committee on the Judiciary.

Committees

1

Judiciary Committee

ssju00

Referred: Feb 9, 2023

Active