To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. A Proposal for Amendment to the Constitution of the United States. 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. Findings: (1) For decades, the Supreme Court of the United States has held that the liberty protected by the Fourteenth Amendment to the Constitution of the United States 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 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
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