S. 2593Senate109th Congress (2005-2007)In Committee

Freedom of Choice Act

A bill to protect, consistent with Roe v. Wade, a woman's freedom to choose to bear a child or terminate a pregnancy, and for other purposes.

Introduced April 6, 2006

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3242-3243)

April 6, 2006

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SenateIntro Referral

Introduced in Senate

April 6, 2006

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S3242)

April 6, 2006

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3242-3243)

April 6, 2006

Floor Debate

23 members

What members said about S. 2593 on the floor

13 Republicans9 Democrats1 Independent
John F. Kerry
Sen. John F. KerryD-MA · Apr 6, 2006

Mr. President, today Senator Smith and I are introducing ``The Fallen Heroes Family Savings Act'' that will help military families that have suffered a tragic loss. In recent years, the Congress has…

Patrick J. Leahy
Sen. Patrick J. LeahyD-VT · Apr 6, 2006

Mr. President, I am proud to join with Senators Specter, Kohl, DeWine and others on a new bill, the Oil and Gas Industry Antitrust Act of 2006, which includes, as its centerpiece, our NOPEC…

Kent Conrad
Sen. Kent ConradD-ND · Apr 6, 2006

Mr. President, I rise today to introduce a comprehensive energy bill, one that I call Breaking Our Long-Term Dependency, or the BOLD Energy Act. As President Bush has stated, our Nation is addicted…

Tom Coburn
Sen. Tom CoburnR-OK · Apr 6, 2006

Mr. President, today, along with Senators Barack Obama, Thomas Carper, and John McCain, I introduced legislation to create an online public database that itemizes Federal funding. The bill ensures…

Herb Kohl
Sen. Herb KohlD-WI · Apr 6, 2006

Mr. President, I rise today with Senator Specter to introduce the Oil and Gas Industry Antitrust Act of 2006. This legislation will make several important and overdue reforms to our antitrust laws to…

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Mike DeWine
Sen. Mike DeWineR-OH · Apr 6, 2006

Mr. President, I am proud to join as a co-sponsor of Senator Specter's Oil and Gas Industry Antitrust Act. This bill should help us curb the skyrocketing energy prices that have been an increasing…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Apr 6, 2006

Mr. President, I compliment the Senator from North Dakota for thinking boldly and focusing on an urgent need for our country. I look forward to studying his proposal and working with him, especially…

Arlen Specter
Sen. Arlen SpecterR-PA · Apr 6, 2006

Madam President, I am sending to the desk today legislation captioned as the ``Oil and Gas Industry Antitrust Act of 2006,'' legislation on behalf of myself and Senator DeWine, Senator Kohl, Senator…

Richard G. Lugar
Sen. Richard G. LugarR-IN · Apr 6, 2006

Mr. President, I rise today to introduce the Cooperative Proliferation Detection, Interdiction Assistance, and Conventional Threat Reduction Act of 2006. This bill is based upon the legislation that…

Tom Harkin
Sen. Tom HarkinD-IA · Apr 6, 2006

Mr. President, our Nation faces a public health crisis of the first order. Poor diet and physical inactivity are contributing to growing rates of chronic disease in the U.S. These problems do not…

Barbara Boxer
Sen. Barbara BoxerD-CA · Apr 6, 2006

Mr. President, today I am introducing ``the Eastern Sierra Rural Heritage and Economic Enhancement Act,'' a bill that will provide protection for thousands of some of the most pristine, wild, and…

Paul S. Sarbanes
Sen. Paul S. SarbanesD-MD · Apr 6, 2006

Mr. President, today I am introducing legislation, together with Senators Warner, Allen, Mikulski, Biden and Carper to designate the route of Captain John Smith's exploration of the Chesapeake Bay…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Apr 6, 2006

Mr. President, an excerpt from John Steinbeck's classic The Grapes of Wrath recounting the conditions preceding the great Dust Bowl is eerily similar to the conditions currently faced by the…

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James M. Jeffords
Sen. James M. JeffordsI-VT · Apr 6, 2006

Mr. President, I rise today to join my colleague from Vermont, Mr. Leahy, in introducing the Vermont Wilderness Act of 2006. This legislation designates 48,051 acres within the Green Mountain…

Ken Salazar
Sen. Ken SalazarD-CO · Apr 6, 2006

Mr. President, I rise today to speak about S. 2584, ``The Rocky Mountain Forest Insects Response Enhancement and Support Act,'' or ``Rocky Mountain FIRES Act,'' which I introduced earlier today. I am…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Apr 6, 2006

Mr. President, I rise to introduce the Pharmacist Access and Recognition in Medicare Act. I have enjoyed working closely with Chairman Cochran and Senator Talent on this bill that will help protect…

Barbara Boxer
Sen. Barbara BoxerD-CA · Apr 6, 2006

Mr. President, today I am introducing the Freedom of Choice Act. When the Supreme Court issued its landmark Roe v. Wade decision in 1973, it made clear that our Constitutional right to privacy grants…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Apr 6, 2006

Mr. President, I rise today to introduce a bill that would restore balance to a system that disadvantages education funding in the West. The Action Plan for Public Land and Education Act of 2006…

Larry E. Craig
Sen. Larry E. CraigR-ID · Apr 6, 2006

Mr. President, today I join Senator Akaka in introducing legislation that would provide a cost-of-living adjustment to the rates of disability compensation provided to our Nation's disabled veterans…

Barack Obama
Sen. Barack ObamaD-IL · Apr 6, 2006

Mr. President, Senator Lugar has already outlined the legislation that we are reintroducing here today and the process that has led us to this point, so I will be brief. I don't want my brevity to be…

Thad Cochran
Sen. Thad CochranR-MS · Apr 6, 2006

Mr. President, The Medicare prescription drug plan is a tremendous success with more than 27 million Medicare beneficiaries now enrolled in the program. Seniors are realizing significant decreases in…

Conrad R. Burns
Sen. Conrad R. BurnsR-MT · Apr 6, 2006

Mr. President, I come to the floor today to introduce the Aviation Consumer Protection Extension Act. The bill is a 1-year extension of section 145 of the Aviation and Transportation Security Act,…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · Apr 6, 2006

America's service men and women continue to make the ultimate sacrifices for our Nation. In the tragic cases where brave soldiers, marines, airmen, and sailors lose their lives in support of…

Richard Burr
Sen. Richard BurrR-NC · Apr 6, 2006

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Bill Text

Latest available legislative text

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Introduced in SenateIssued April 6, 2006

II

109th CONGRESS

2d Session

S. 2593

IN THE SENATE OF THE UNITED STATES

April 6, 2006

Mrs. Boxer (for herself, Mrs. Feinstein, Mrs. Murray, Ms. Mikulski, Mr. Lautenberg, Ms. Stabenow, and Ms. Cantwell) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To protect, consistent with Roe v. Wade, a woman's freedom to choose to bear a child or terminate a pregnancy, and for other purposes.

1.

Short title

This Act may be cited as the Freedom of Choice Act.

2.

Findings

Congress finds the following:

(1)

The United States was founded on core principles, such as liberty, personal privacy, and equality, which ensure that individuals are free to make their most intimate decisions without governmental interference and discrimination.

(2)

One of the most private and difficult decisions an individual makes is whether to begin, prevent, continue, or terminate a pregnancy. Those reproductive health decisions are best made by women, in consultation with their loved ones and health care providers.

(3)

In 1965, in Griswold v. Connecticut (381 U.S. 479), and in 1973, in Roe v. Wade (410 U.S. 113) and Doe v. Bolton (410 U.S. 179), the Supreme Court recognized that the right to privacy protected by the Constitution encompasses the right of every woman to weigh the personal, moral, and religious considerations involved in deciding whether to begin, prevent, continue, or terminate a pregnancy.

(4)

The Roe v. Wade decision carefully balances the rights of women to make important reproductive decisions with the State's interest in potential life. Under Roe v. Wade and Doe v. Bolton, the right to privacy protects a woman's decision to choose to terminate her pregnancy prior to fetal viability, with the State permitted to ban abortion after fetal viability except when necessary to protect a woman’s life or health.

(5)

These decisions have protected the health and lives of women in the United States. Prior to the Roe v. Wade decision in 1973, an estimated 1,200,000 women each year were forced to resort to illegal abortions, despite the risk of unsanitary conditions, incompetent treatment, infection, hemorrhage, disfiguration, and death. Before Roe, it is estimated that thousands of women died annually in the United States as a result of illegal abortions.

(6)

In countries in which abortion remains illegal, the risk of maternal mortality is high. According to the World Health Organization, of the approximately 600,000 pregnancy-related deaths occurring annually around the world, 80,000 are associated with unsafe abortions.

(7)

The Roe v. Wade decision also expanded the opportunities for women to participate equally in society. In 1992, in Planned Parenthood v. Casey (505 U.S. 833), the Supreme Court observed that, [t]he ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives..

(8)

Even though the Roe v. Wade decision has stood for more than 30 years, there are increasing threats to reproductive health and freedom emerging from all branches and levels of government. In 2006, South Dakota became the first State in more than 15 years to enact a ban on abortion in nearly all circumstances. Supporters of this ban have admitted it is an attempt to directly challenge Roe in the courts. Other States are considering similar bans.

(9)

Legal and practical barriers to the full range of reproductive services endanger women’s health and lives. Incremental restrictions on the right to choose imposed by Congress and State legislatures have made access to abortion care extremely difficult, if not impossible, for many women across the country. Currently, 87 percent of the counties in the United States have no abortion provider.

(10)

While abortion should remain safe and legal, women should also have more meaningful access to family planning services that prevent unintended pregnancies, thereby reducing the need for abortion.

(11)

To guarantee the protections of Roe v. Wade, Federal legislation is necessary.

(12)

Although Congress may not create constitutional rights without amending the Constitution, Congress may, where authorized by its enumerated powers and not prohibited by the Constitution, enact legislation to create and secure statutory rights in areas of legitimate national concern.

(13)

Congress has the affirmative power under section 8 of article I of the Constitution and section 5 of the 14th amendment to the Constitution to enact legislation to facilitate interstate commerce and to prevent State interference with interstate commerce, liberty, or equal protection of the laws.

(14)

Federal protection of a woman's right to choose to prevent or terminate a pregnancy falls within this affirmative power of Congress, in part, because—

(A)

many women cross State lines to obtain abortions and many more would be forced to do so absent a constitutional right or Federal protection;

(B)

reproductive health clinics are commercial actors that regularly purchase medicine, medical equipment, and other necessary supplies from out-of-State suppliers; and

(C)

reproductive health clinics employ doctors, nurses, and other personnel who travel across State lines in order to provide reproductive health services to patients.

3.

Definitions

In this Act:

(1)

Government

The term government includes a branch, department, agency, instrumentality, or official (or other individual acting under color of law) of the United States, a State, or a subdivision of a State.

(2)

State

The term State means each of the States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States.

(3)

Viability

The term viability means that stage of pregnancy when, in the best medical judgment of the attending physician based on the particular medical facts of the case before the physician, there is a reasonable likelihood of the sustained survival of the fetus outside of the woman.

4.

Interference with reproductive health prohibited

(a)

Statement of policy

It is the policy of the United States that every woman has the fundamental right to choose to bear a child, to terminate a pregnancy prior to fetal viability, or to terminate a pregnancy after fetal viability when necessary to protect the life or health of the woman.

(b)

Prohibition of interference

A government may not—

(1)

deny or interfere with a woman’s right to choose—

(A)

to bear a child;

(B)

to terminate a pregnancy prior to viability; or

(C)

to terminate a pregnancy after viability where termination is necessary to protect the life or health of the woman; or

(2)

discriminate against the exercise of the rights set forth in paragraph (1) in the regulation or provision of benefits, facilities, services, or information.

(c)

Civil action

An individual aggrieved by a violation of this section may obtain appropriate relief (including relief against a government) in a civil action.

5.

Severability

If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to which the provision is held to be unconstitutional, shall not be affected thereby.

6.

Retroactive effect

This Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act.