[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2150 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2150
To protect a person's ability to determine whether to continue or end a
pregnancy, and to protect a health care provider's ability to provide
abortion services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2025
Ms. Baldwin (for herself, Mr. Blumenthal, Mr. Schumer, Mrs. Murray, Mr.
Durbin, Ms. Alsobrooks, Mr. Bennet, Ms. Blunt Rochester, Mr. Booker,
Ms. Cantwell, Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mr.
Fetterman, Mr. Gallego, Mrs. Gillibrand, Ms. Hassan, Mr. Heinrich, Mr.
Hickenlooper, Ms. Hirono, Mr. Kaine, Mr. Kelly, Mr. Kim, Mr. King, Ms.
Klobuchar, Mr. Lujan, Mr. Markey, Mr. Merkley, Mr. Murphy, Mr. Ossoff,
Mr. Padilla, Mr. Peters, Mr. Reed, Ms. Rosen, Mr. Sanders, Mr. Schatz,
Mr. Schiff, Mrs. Shaheen, Ms. Slotkin, Ms. Smith, Mr. Van Hollen, Mr.
Warner, Mr. Warnock, Ms. Warren, Mr. Welch, Mr. Whitehouse, and Mr.
Wyden) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect a person's ability to determine whether to continue or end a
pregnancy, and to protect a health care provider's ability to provide
abortion services.
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 ``Women's Health Protection Act of
2025''.
SEC. 2. PURPOSE.
The purposes of this Act are as follows:
(1) To permit people to seek and obtain abortion services,
and to permit health care providers to provide abortion
services, without harmful or unwarranted limitations or
requirements that single out the provision of abortion services
for restrictions that are more burdensome than those
restrictions imposed on medically comparable procedures, do
not, on the basis of the weight of established clinical
practice guidelines consistent with medical evidence,
significantly advance reproductive health or the safety of
abortion services, or make abortion services more difficult to
access.
(2) To promote access to abortion services and thereby
protect women's ability to participate equally in the economic
and social life of the United States.
(3) To protect people's ability to make decisions about
their bodies, medical care, family, and life's course.
(4) To eliminate unwarranted burdens on commerce and the
right to travel. Abortion bans and restrictions invariably
affect commerce over which the United States has jurisdiction.
Health care providers engage in economic and commercial
activity when they provide abortion services. Moreover, there
is an interstate market for abortion services and, in order to
provide such services, health care providers engage in
interstate commerce to purchase medicine, medical equipment,
and other necessary goods and services; to obtain and provide
training; and to employ and obtain commercial services from
health care personnel, many of whom themselves engage in
interstate commerce, including by traveling across State lines.
Individuals engage in the interstate market by purchasing
abortion services, including the purchase, use, and consumption
of medicine, medical equipment, and other necessary goods and
services transited in the stream of interstate commerce, the
receipt of telemedicine services, and traveling across State
lines to purchase and receive abortion services or assist
others in purchasing or receiving such services. The increase
in abortion prohibitions and restrictions in a subset of States
since 2022 cause women to travel to other States for abortion
care, which, in turn, affects the health care systems of those
States that provide the treatment and has exponentially
increased the burden on interstate commerce and the
instrumentalities of interstate commerce. Congress has the
authority to enact this Act to protect access to abortion
services pursuant to--
(A) its powers under the commerce clause of section
8 of Article I of the Constitution of the United
States;
(B) its powers under section 5 of the Fourteenth
Amendment to the Constitution of the United States to
enforce the provisions of section 1 of the Fourteenth
Amendment; and
(C) its powers under the necessary and proper
clause of section 8 of Article I of the Constitution of
the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Abortion services.--The term ``abortion services''
means an abortion and any medical or non-medical services
related to and provided in conjunction with an abortion
(whether or not provided at the same time or on the same day as
the abortion).
(2) Government.--The term ``government'' includes each
branch, department, agency, instrumentality, and official of
the United States or a State.
(3) Health care provider.--The term ``health care
provider'' means any entity (including any hospital, clinic, or
pharmacy (whether physical, mobile, or virtual)) or individual
(including any physician, certified nurse-midwife, nurse
practitioner, advanced practice clinician, registered nurse,
pharmacist, or physician assistant) that--
(A) is engaged or seeks to engage in the delivery
of health care services, including abortion services;
and
(B) if required by law or regulation to be licensed
or certified to engage in the delivery of such
services--
(i) is so licensed or certified; or
(ii) would be so licensed or certified but
for their past, present, or potential provision
of abortion services protected by section 4.
(4) Medically comparable procedures.--The term ``medically
comparable procedures'' means medical procedures that are
similar, on the basis of the weight of established clinical
practice guidelines consistent with medical evidence, in terms
of health and safety risks to the patient, complexity, or the
clinical setting that is indicated.
(5) Pregnancy.--The term ``pregnancy'' refers to the period
of the human reproductive process beginning with the
implantation of a fertilized egg.
(6) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, and each territory
and possession of the United States, and any subdivision of any
of the foregoing, including any unit of local government, such
as a county, city, town, village, or other general purpose
political subdivision of a State.
(7) Viability.--The term ``viability'' means the point in a
pregnancy at which, in the good-faith medical judgment of the
treating health care provider, and based on the particular
facts of the case before the health care provider, there is a
reasonable likelihood of sustained fetal survival outside the
uterus with or without artificial support.
SEC. 4. PROTECTED ACTIVITIES AND SERVICES.
(a) General Rules.--
(1) Pre-viability.--A health care provider has a right
under this Act to provide such abortion services, and a patient
has a corresponding right under this Act to terminate a
pregnancy prior to viability without being subject to any of
the following limitations or requirements:
(A) A prohibition on abortion prior to viability,
including a prohibition or restriction on a particular
abortion procedure or method, or a prohibition on
providing or obtaining such abortions.
(B) A limitation on a health care provider's
ability to prescribe or dispense drugs that could be
used for reproductive health purposes based on current
evidence-based regimens or the provider's good-faith
medical judgment, or a limitation on a patient's
ability to receive or use such drugs, other than a
limitation generally applicable to the prescription,
dispensing, or distribution of drugs.
(C) A limitation on a health care provider's
ability to provide, or a patient's ability to receive,
abortion services via telemedicine, other than a
limitation generally applicable to the provision of
medically comparable services via telemedicine.
(D) A limitation or prohibition on a patient's
ability to receive, or a provider's ability to provide,
abortion services in a State based on the State of
residency of the patient, or a prohibition or
limitation on the ability of any individual to assist
or support a patient seeking abortion.
(E) A requirement that a health care provider
perform specific tests or medical procedures in
connection with the provision of abortion services
(including prior to or subsequent to the abortion),
unless such tests or procedures are standard to the
weight of established clinical practice guidelines
consistent with medical evidence pertaining to abortion
services.
(F) A requirement that a health care provider offer
or provide a patient seeking abortion services
medically inaccurate information that is not compatible
with the weight of established clinical practice
guidelines.
(G) A limitation or requirement concerning the
physical plant, equipment, staffing, or hospital
transfer arrangements of facilities where abortion
services are provided, or the credentials or hospital
privileges or status of personnel at such facilities,
that is not imposed on facilities or the personnel of
facilities where medically comparable procedures are
performed.
(H) A requirement that, prior to obtaining an
abortion, a patient make one or more medically
unnecessary in-person visits to the provider of
abortion services or to any individual or entity that
does not provide abortion services.
(I) A limitation on a health care provider's
ability to provide immediate abortion services when
that health care provider believes, based on the good-
faith medical judgment of the provider, that delay
would pose a risk to the patient's life or health.
(J) A requirement that a patient seeking abortion
services at any point or points in time prior to
viability disclose the patient's reason or reasons for
seeking abortion services, or a limitation on providing
or obtaining abortion services at any point or points
in time prior to viability based on any actual,
perceived, or potential reason or reasons of the
patient for obtaining abortion services, regardless of
whether the limitation is based on a health care
provider's actual or constructive knowledge of such
reason or reasons.
(2) Post-viability.--
(A) In general.--A health care provider has a right
under this Act to provide abortion services and a
patient has a corresponding right under this Act to
terminate a pregnancy after viability when, in the
good-faith medical judgement of the treating health
care provider, it is necessary to protect the life or
health of the patient. This subparagraph shall not
otherwise apply after viability.
(B) Additional circumstances.--A State may provide
additional circumstances under which post viability
abortions are permitted.
(C) Limitation.--In the case where a termination of
a pregnancy after viability, in the good-faith medical
judgement of the treating health care provider, is
necessary to protect the life or health of the patient,
none of the limitations or requirements described in
paragraph (1) shall be imposed by law.
(b) Other Limitations or Requirements.--The rights described in
subsection (a) shall not be limited or otherwise infringed through any
other limitation or requirement that--
(1) expressly, effectively, implicitly, or as implemented,
targets abortion, the provision of abortion services,
individuals who seek abortion services or who provide
assistance and support to those seeking abortion services,
health care providers who provide abortion services, or
facilities in which abortion services are provided; and
(2) impedes access to abortion services.
(c) Factors for Consideration.--A court may consider the following
factors, among others, in determining whether a limitation or
requirement impedes access to abortion services for purposes of
subsection (b)(2):
(1) Whether the limitation or requirement, in a provider's
good-faith medical judgment, interferes with a health care
provider's ability to provide care and render services, or
poses a risk to the patient's health or safety.
(2) Whether the limitation or requirement is reasonably
likely to delay or deter a patient in accessing abortion
services.
(3) Whether the limitation or requirement is reasonably
likely to directly or indirectly increase the cost of providing
abortion services or the cost for obtaining abortion services
such as costs associated with travel, childcare, or time off
work.
(4) Whether the limitation or requirement is reasonably
likely to have the effect of necessitating patient travel that
would not otherwise have been required, including by making it
necessary for a patient to travel out of State to obtain
services.
(5) Whether the limitation or requirement is reasonably
likely to result in a decrease in the availability of abortion
services in a given State or geographic region.
(6) Whether the limitation or requirement imposes penalties
that are not imposed on other health care providers for
comparable conduct or failure to act, or that are more severe
than penalties imposed on other health care providers for
comparable conduct or failure to act.
(7) The cumulative impact of the limitation or requirement
combined with other limitations or requirements.
(d) Exception.--To defend against a claim that a limitation or
requirement violates a health care provider's or patient's rights under
subsection (b) a party must establish, by clear and convincing
evidence, that the limitation or requirement is essential to
significantly advance the safety of abortion services or the health of
patients and that the safety or health objective cannot be accomplished
by a different means that does not interfere with the right protected
under subsection (b).
SEC. 5. PROTECTION OF THE RIGHT TO TRAVEL.
A person has a fundamental right under the Constitution of the
United States and this Act to travel to a State other than the person's
State of residence, including to obtain reproductive health services
such as prenatal, childbirth, fertility, and abortion services, and a
person has a right under this Act to assist another person to obtain
such services or otherwise exercise the right described in this
section.
SEC. 6. APPLICABILITY AND PREEMPTION.
(a) In General.--
(1) Superseding inconsistent laws.--Except as provided
under subsection (b), this Act shall supersede any inconsistent
Federal or State law, and the implementation of such law,
whether statutory, common law, or otherwise, and whether
adopted prior to or after the date of enactment of this Act. A
Federal or State government official shall not administer,
implement, or enforce any law, rule, regulation, standard, or
other provision having the force and effect of law that
conflicts with any provision of this Act, notwithstanding any
other provision of Federal law, including the Religious Freedom
Restoration Act of 1993 (42 U.S.C. 2000bb et seq.).
(2) Laws after date of enactment.--Federal law enacted
after the date of the enactment of this Act shall be subject to
this Act unless such law explicitly excludes such application
by reference to this Act.
(b) Limitations.--The provisions of this Act shall not supersede or
apply to--
(1) laws regulating physical access to clinic entrances,
such as the Freedom of Access to Clinic Entrances Act of 1994
(18 U.S.C. 248);
(2) laws regulating insurance or medical assistance
coverage of abortion services;
(3) the procedure described in section 1531(b)(1) of title
18, United States Code; or
(4) generally applicable State contract law.
(c) Preemption Defense.--In any legal or administrative action
against a person or entity who has exercised or attempted to exercise a
right protected by section 4 or section 5 or against any person or
entity who has taken any step to assist any such person or entity in
exercising such right, this Act shall also apply to, and may be raised
as a defense by, such person or entity, in addition to the remedies
specified in section 8.
SEC. 7. RULES OF CONSTRUCTION.
(a) Liberal Construction by Courts.--In any action before a court
under this Act, the court shall liberally construe the provisions of
this Act to effectuate the purposes of the Act.
(b) Protection of Life and Health.--Nothing in this Act shall be
construed to authorize any government official to interfere with,
diminish, or negatively affect a person's ability to obtain or provide
abortion services prior to viability, or after viability when, in the
good-faith medical judgment of the treating health care provider,
continuation of the pregnancy would pose a risk to the pregnant
patient's life or health.
(c) Government Officials.--Any person who, by operation of a
provision of Federal or State law, including through the grant of a
private cause of action, is permitted to implement or enforce a
limitation or requirement that violates section 4 or 5 shall be
considered a government official for purposes of this Act.
SEC. 8. ENFORCEMENT.
(a) Attorney General.--The Attorney General may commence a civil
action on behalf of the United States in any district court of the
United States against any State that violates, or against any
government official (including a person described in section 7(c)) who
implements or enforces a limitation or requirement that violates,
section 4 or 5. The court shall declare unlawful the limitation or
requirement if it is determined to be in violation of this Act.
(b) Private Right of Action.--
(1) In general.--Any individual or entity adversely
affected by an alleged violation of this Act, including any
person or health care provider, may commence a civil action
against any government official (including a person described
in section 7(c)) that implements or enforces a limitation or
requirement that violates section 4 or 5. The court shall
declare unlawful the limitation or requirement if it is
determined to be in violation of this Act.
(2) Health care provider.--A health care provider may
commence an action for relief on its own behalf, on behalf of
the provider's staff, and on behalf of the provider's patients
who are or may be adversely affected by an alleged violation of
this Act.
(c) Pre-Enforcement Challenges.--A suit under subsection (a) or (b)
may be brought to prevent enforcement or implementation of a State
limitation or requirement that is inconsistent with section 4 or 5.
(d) Declaratory and Equitable Relief.--In any action under this
section, the court may award appropriate declaratory and equitable
relief, including temporary, preliminary, or permanent injunctive
relief.
(e) Costs.--In any action under this section, the court shall award
costs of litigation, as well as reasonable attorney's fees, to any
prevailing plaintiff. A plaintiff shall not be liable to a defendant
for costs or attorney's fees in any non-frivolous action under this
section.
(f) Jurisdiction.--The district courts of the United States shall
have jurisdiction over proceedings under this Act and shall exercise
the same without regard to whether the party aggrieved shall have
exhausted any administrative or other remedies that may be provided for
by law.
(g) Abrogation of State Immunity.--Neither a State that enforces or
maintains, nor a government official (including a person described in
section 7(c)) who is permitted to implement or enforce any limitation
or requirement that violates section 4 or 5 shall be immune under the
Tenth Amendment to the Constitution of the United States, the Eleventh
Amendment to the Constitution of the United States, or any other source
of law, from an action in a Federal or State court of competent
jurisdiction challenging that limitation or requirement, unless such
immunity is required by clearly established Federal law, as determined
by the Supreme Court of the United States.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect upon the date of enactment of this Act.
SEC. 10. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person, entity, government, or circumstance, is held to be
unconstitutional, the remainder of this Act, or the application of such
provision to all other persons, entities, governments, or
circumstances, shall not be affected thereby.
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