S. 2053Senate118th Congress (2023-2025)In Committee

Freedom to Travel for Health Care Act of 2023

Introduced June 20, 2023

AI-Generated Summary

Updated January 20, 2026 at 9:07 AM UTC

The Freedom to Travel for Health Care Act of 2023 aims to protect the constitutional right to travel between states to obtain or provide reproductive health care that is legal where it is performed. It bars states and their officials from restricting, penalizing, or discriminating against anyone who travels for such care, and it makes conflicting state laws invalid.

Key Provisions

  • It makes it unlawful for any government or person to restrict, penalize, or discriminate against individuals traveling to another state for legal reproductive health care, or against those who assist them.
  • Any state law that conflicts with this protection is preempted and has no legal effect.
  • The Attorney General, affected individuals, entities, and reproductive health‑care providers may sue states, officials, or others in federal or state court, seeking damages, injunctions, and attorney‑fee reimbursement.
  • States and their officials cannot claim sovereign, qualified, or other immunity from lawsuits brought under this Act.
  • The Act defines “government,” “reproductive health care,” and “State” for its purposes.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

June 20, 2023

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SenateIntro Referral

Introduced in Senate

June 20, 2023

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

June 20, 2023

Floor Debate

15 members

What members said about S. 2053 on the floor

5 Republicans10 Democrats
Mike Lee
Sen. Mike LeeR-UT · Jun 21, 2023

Mr. President, reserving the right to object, there is an obsession on the left with abortion. It is becoming all-encompassing, infecting conversations that we have in the Senate on everything from…

Catherine Cortez Masto
Sen. Catherine Cortez MastoD-NV · Jun 21, 2023

Mr. President, this Saturday marks 1 year since the Supreme Court overturned Roe v. Wade at the urging of extremist politicians upending 50 years of precedent protecting women's right to healthcare.…

Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jun 21, 2023

Madam President, let me first salute my colleague from the State of Washington. She has really shown extraordinary leadership on this and so many other issues. She asked us to gather today, on the…

Catherine Cortez Masto
Sen. Catherine Cortez MastoD-NV · Jul 9, 2024

Mr. President, we are now 2 years into a world without Roe v. Wade, a world in which daughters have fewer rights than their mothers and their grandmothers did at their age. In the 2 years since the…

Ron Wyden
Sen. Ron WydenD-OR · Jun 21, 2023

Madam President, before she leaves the floor, let me say to my seatmate on the Senate Finance Committee how much I appreciate her passion and leadership on this critical issue. I note that the…

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Amy Klobuchar
Sen. Amy KlobucharD-MN · Jun 21, 2023

Madam President, as we know, this Saturday marks the 1-year anniversary of the day the U.S. Supreme Court decided to overturn half a century of precedent on a woman's right to make her own healthcare…

Patty Murray
Sen. Patty MurrayD-WA · Jun 21, 2023

Madam President, 1 year ago, Americans lost a constitutional right for the first time in history, and they didn't just lose it--Republicans ripped it away. Just 1 year now after the Dobbs decision,…

Debbie Stabenow
Sen. Debbie StabenowD-MI · Jun 21, 2023

Madam President, listening to this debate today, I can't believe we are having these debates in 2023. It is just stunning to me that we are having to debate privacy and the ability to make your own…

Tammy Baldwin
Sen. Tammy BaldwinD-WI · Jun 21, 2023

Madam President, earlier this afternoon, my colleague Senator Markey asked unanimous consent to advance the Right to Contraception Act. There was an objection heard, but I wanted to come to the floor…

Cindy Hyde-Smith
Sen. Cindy Hyde-SmithR-MS · Jun 21, 2023

Madam President, this bill presents a solution in search of a problem. Unfortunately, it appears that the intent of this legislation is to treat abortion as healthcare, to prevent pro-life entities…

Edward J. Markey
Sen. Edward J. MarkeyD-MA · Jun 21, 2023

Mr. President, 1 year ago, the rightwing majority of the U.S. Supreme Court overturned decades of established precedent and stripped away the right to abortion in the Dobbs v. Jackson Women's Health…

Sheldon Whitehouse
Sen. Sheldon WhitehouseD-RI · Jun 21, 2023

Will the Senator yield for a question about how long he plans to speak, just for the convenience of others? I appreciate that very much. Thank you. Mr. President, I come to the floor to support my…

Patty Murray
Sen. Patty MurrayD-WA · Jul 9, 2024

Mr. President, to recap, we just tried to pass some very straightforward legislation: a bill to protect a woman's right to travel across State lines to get the healthcare she needs, a bill to protect…

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Cindy Hyde-Smith
Sen. Cindy Hyde-SmithR-MS · Jul 9, 2024

Mr. President, reserving the right to object, my pro-life colleagues and I most certainly do not oppose any individual's freedom to travel across this great country, but we do take issue with this…

Mike Braun
Sen. Mike BraunR-IN · Jun 21, 2023

Mr. President, reserving the right to object, this bill is not about contraception; it is about abortion. The bill defines ``contraception'' as ``any drug, device, or biological product intended for…

Ted Budd
Sen. Ted BuddR-NC · Jun 21, 2023

Madam President, reserving the right to object, I object to S. 1297 for a simple reason: It would make it easier for unborn life to be ended. Last year's Dobbs decision brought renewed hope to…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jun 21, 2023

Mr. President, I call up amendment No. 136. Mr. President, I ask unanimous consent to dispense with further reading of the amendment. I yield the floor.

Markwayne Mullin
Sen. Markwayne MullinR-OK · Jul 9, 2024

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Bill Text

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Introduced in SenateIssued June 20, 2023

II

118th CONGRESS

1st Session

S. 2053

IN THE SENATE OF THE UNITED STATES

June 20, 2023

Ms. Cortez Masto (for herself, Mr. Whitehouse, Mrs. Murray, Mrs. Gillibrand, Mr. Durbin, Mr. Merkley, Mr. Murphy, Mr. Markey, Ms. Stabenow, Mr. Coons, Mr. Sanders, Mr. Padilla, Mr. Wyden, Mrs. Feinstein, Mr. Blumenthal, Mr. Cardin, Ms. Cantwell, Mr. Menendez, Mr. Van Hollen, Mr. Bennet, Ms. Smith, Mr. Carper, Mrs. Shaheen, Ms. Baldwin, Mr. Warner, Mr. Warnock, Ms. Hirono, Mr. Kaine, Ms. Duckworth, Mr. Brown, Mr. Hickenlooper, Ms. Warren, Mr. Welch, Ms. Klobuchar, Mr. Fetterman, Ms. Rosen, and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To protect freedom of travel and reproductive rights.

1.

Short title

This Act may be cited as the Freedom to Travel for Health Care Act of 2023.

2.

Findings

Congress finds the following:

(1)

The right to travel freely and voluntarily among the several States is one of the chief privileges and immunities guaranteed to all citizens of the United States by the 14th Amendment and one of the fundamental rights guaranteed to all persons under the 14th Amendment’s Equal Protection Clause.

(2)

Section 5 of the 14th Amendment empowers Congress to enforce, by appropriate legislation, its provisions.

(3)

Article 1, section 8, clause 3 of the Constitution of the United States empowers Congress to regulate commerce among the several States.

(4)

The Supreme Court has repeatedly held that a citizen of one State who travels in other States, intending to return home at the end of his journey, is entitled to enjoy the Privileges and Immunities of Citizens in the several States that he visits (Saenz v. Roe, 526 U.S. 489, 501 (1999) (citing Corfield v. Coryell, 6 F. Cas. 546 (No. 3,230) (C.C.E.D.Pa.1823); Edwards v. California, 314 U.S. 160 (1941); United States v. Guest, 383 U.S. 745 (1966))).

(5)

The Supreme Court long ago decided that one of the privileges which the Constitution guarantees to citizens of 1 State is the fundamental right to travel to another State to seek and obtain services lawful in that State, including medical services, on terms of substantial equality with the citizens of that State (Toomer v. Witsell, 334 U.S. 385, 396 (1948); Hicklin v. Orbeck, 437 U.S. 518, 525 (1978); Doe v. Bolton, 410 U.S. 179, 200 (1973) (citing Ward v. Maryland, 79 U.S. 418 (1870)); Chalker v. Birmingham & N.W.Ry. Co., 249 U.S. 522, 527 (1919); Shaffer v. Carter, 252 U.S. 37, 52, 53 (1920)).

(6)

Since the 2022 Supreme Court decision in Dobbs v. Jackson Women’s Health Org., 142 S. Ct. 2228 (2022), State legislatures have proposed and enacted legislation attempting to interfere with the ability to travel for reproductive health care.

3.

Freedom of travel

(a)

Prohibited conduct

It shall be unlawful for any person or government to—

(1)

restrict or in any way sanction, hold liable, discriminate against, or otherwise disadvantage any individual from traveling to another State to receive or provide reproductive health care that is legal in that State;

(2)

restrict or in any way sanction, hold liable, discriminate against, or otherwise disadvantage any individual, entity, or organization from assisting an individual in traveling to another State to receive or provide reproductive health care that is legal in that State;

(3)

deny any right, benefit, or privilege to an individual, entity, or organization as retaliation for another person’s travel to another State to receive or provide reproductive health care that is legal in that State; or

(4)

restrict or in any way sanction, hold liable, discriminate against, or otherwise disadvantage a reproductive health care provider for providing, initiating, or otherwise enabling reproductive health care services for an individual who does not reside in the State wherein the provider offers health care services if it would be legal for the health care provider to provide, initiate, or otherwise enable the same reproductive health care services to an individual who resides in the State where the provider offers health care services.

(b)

Preemption

A State law that is inconsistent with this section shall be preempted and shall have no legal effect. No State, State official, or any other person acting under the color of law may enforce or apply any law that is inconsistent with this section.

(c)

Enforcement

(1)

Attorney general

The Attorney General may commence a civil action in United States district court on behalf of the United States against any State, State official, or any other person acting under the color of law in violation of this section. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this section.

(2)

Private right of action

Any individual or entity adversely affected by an alleged violation of this section may commence a civil action in State or Federal court against any State, State official, or any other person acting under the color of law in violation of this section. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this section.

(3)

Reproductive health care provider

A reproductive health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, or on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of this section.

(4)

Remedies

In any action under this section, the court may award appropriate relief, including damages, declaratory relief, and temporary, preliminary, or permanent injunctive relief.

(5)

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.

(6)

Jurisdiction

The district courts of the United States shall have jurisdiction over proceedings under this section 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.

(7)

Abrogation of State immunity

Neither a State that enforces or maintains, nor a government official who implements or enforces, any limitation or requirement that violates this section shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, the doctrine of sovereign immunity, the doctrine of qualified immunity, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement.

(8)

Right to remove

A defendant shall have a right to remove to Federal court any civil or criminal proceeding that would have the purpose or effect of interfering with or imposing any liability for the exercise of the travel right in this section, with venue in the district court of the United States for the district and division embracing the place wherein such proceeding is pending. An order remanding the case to State court may be immediately reviewable on appeal or otherwise.

(d)

Definitions

In this Act:

(1)

Government

The term government includes each branch, department, agency, instrumentality, and official of the United States or of a State.

(2)

Reproductive health care

The term reproductive health care means medical, surgical, counseling, or referral services and care related to pregnancy, including the prevention or termination of a pregnancy, and other reproductive care.

(3)

State

The term State includes the District of Columbia, Puerto Rico, each territory and possession of the United States, and any subdivision of a State, including any unit of local government, such as a county, city, town, village, or other general purpose political subdivision of a State.

4.

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.