Freedom of Choice Act [tramples states' rights]

"The first thing I'd do as president is sign the Freedom of Choice Act. That's the first thing that I'd do."
-- Senator Barack Obama, speaking to the Planned Parenthood Action Fund, July 17, 2007
(from National Right to Life website)

"Freedom of Choice Act (FOCA)
Following the Supreme Court's closely divided and bitter decision upholding the Federal Abortion Ban, it is clear that the right to choose is facing a new level of assault. That's why the pro-choice community is working to guarantee the right to choose through the Freedom of Choice Act (FOCA) – a measure that will codify Roe v. Wade and guarantee the right to choose for future generations of women."
(from NARAL Pro-Choice America website)

If FOCA was passed it would automatically overturn:
-- State abortion reporting requirements in all 50 states
-- Forty-four states' laws concerning parental involvement
-- Forty states' laws on restricting later-term abortions
-- Forty-six states' conscience protection laws for individual health care providers
-- Twenty-seven states' conscience protection laws for institutions
-- Thirty-eight states' bans on partial-birth abortions
-- Thirty-three states' laws on requiring counseling before an abortion
-- Sixteen states' laws concerning ultrasounds before an abortion
("Freedom of Choice Act Would Remove All Limitations on Abortions")

Text of HR 1964 (Freedom of Choice Act)

All Cosponsors from All States
Bill Name: "Freedom of Choice Act" (FOCA)
Bill Number: H.R.1964
(here are the 105 (1 R, 104 D) Co-sponsors of the bill)
[You can send a message to them at link above]

Summary:

Sponsored by Rep. Jerrold Nadler (D-NY), the so-called "Freedom of Choice Act" (FOCA), the so-called "Freedom of Choice Act" (FOCA) would invalidate any federal, state, or local government law, regulation, policy, or action that would "deny or interfere with" a woman's access to abortion prior to "viability," or which would "discriminate against the exercise of" this right in the regulation or provision of any "benefits, facilities, services, or information."

This ban would apply absolutely prior to fetal "viability," and also apply after "viability" to any abortion sought on grounds of "health," which is not defined in the bill and which therefore would include any physical or emotional factor whatsoever.

Although sometimes referred to as a bill to "codify Roe v. Wade," this is misleading, because -- the sponsors of the bill have acknowledged that it would invalidate many laws that have been upheld by the U.S. Supreme Court under Roe v. Wade, including laws restricting government funding of abortion, limits on abortion in public or military faclities, full-disclosure counseling requirements, and bans on partial-birth abortion.

It would also invalidate all laws requiring parental or judicial notification or consent for abortions performed on minors, laws that permit health care providers to opt out of participation in abortion on conscience grounds, laws prohibiting non-physicians from performing abortions, and waiting periods.
http://www.capwiz.com/nrlc/issues/bills/?bill=9653451&size=full

The Senate has introduced a version too:
Senate bill #S. 1173:
http://www.capwiz.com/nrlc/issues/bills/?bill=9668701&size=full

(Senate bill text)

Excerpt from "Freedom of Choice Act Would Remove All Limitations on Abortions":

When a candidate pledges to ... "sign immediately upon taking office" - the Freedom of Choice Act, Catholics and all people of good will have cause to question the sincerity of the candidate's determination to reduce abortions, when these already existing limits have caused a decrease of more than 100,000 abortions each year....

If FOCA was passed it would automatically overturn:

-- State abortion reporting requirements in all 50 states
-- Forty-four states' laws concerning parental involvement
-- Forty states' laws on restricting later-term abortions
-- Forty-six states' conscience protection laws for individual health care providers
-- Twenty-seven states' conscience protection laws for institutions
-- Thirty-eight states' bans on partial-birth abortions
-- Thirty-three states' laws on requiring counseling before an abortion
-- Sixteen states' laws concerning ultrasounds before an abortion

There is evidence of a very significant reduction of reported abortions, particularly among teens, through the passage of parental involvement laws and the use of ultrasounds. The August, 2008, report of the Alan Guttmacher Institute notes the greatest decline in abortions over the last 30 years is among teens, attributable in large part to the above restrictions, as well as a later initiation of sexual activity....

-- Bishop Robert W. Finn
Kansas City-St. Joseph