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S. 3713: Reproductive Choice Act

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The text of the bill below is as of Feb 28, 2022 (Introduced).

Summary of this bill

They’re really wade-ing into controversial territory.

Context

A coalition of states led by Mississippi is asking the Supreme Court to overturn its 1973 decision Roe v. Wade, which found a nationwide constitutional right to abortion. In December 2021, the Court heard oral arguments in the case Dobbs v. Jackson Women’s Health Organization.

If the decision goes Mississippi’s way, that doesn’t mean abortion would instantly become *illegal *nationwide. But 12 states currently have so-called “trigger laws” that would automatically ban (or nearly ban) all abortions if Roe is overturned and other individual states could then ban the practice, which at least 20 states seem poised to.

The current Court’s …

II

117th CONGRESS

2d Session

S. 3713

IN THE SENATE OF THE UNITED STATES

February 28, 2022

(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)).

1.

Short title

This Act may be cited as the Reproductive Choice Act.

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)).

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.

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.