[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4688 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4688
To guarantee that Americans have the freedom to make certain
reproductive decisions without undue government interference.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2022
Mr. Kaine (for himself, Ms. Murkowski, Ms. Sinema, and Ms. Collins)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
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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