Ensuring Women's Reproductive Freedom Act

Summary#

This bill would stop people acting under color of State law from interfering with interstate abortion services. It says such people may not prevent or restrict a health care provider from providing an abortion that is lawful in the State where the service is given to a nonresident. It also bars stopping people or entities from assisting providers, from traveling across State lines to obtain an abortion, from helping someone travel to get an abortion, and from moving in interstate commerce any FDA-approved drug for ending a pregnancy. The Attorney General may sue to get court orders stopping violations. Any person harmed by a violation may sue for declaratory and injunctive relief, compensatory damages (including economic losses and emotional pain and suffering), and possibly attorney's fees and costs. The bill defines "abortion service" and "health care provider," and treats States to include territories and Indian tribes. It contains severability and says it should not be read to limit the fundamental right to travel.

What it means for you#

• Health care providers in a State where abortion is lawful could provide abortion services to people who live in other States without interference by persons acting under color of State law, according to the bill.
• People may travel across State lines to obtain abortions that are lawful where the service is provided, and others may assist that travel.
• Movement in interstate commerce of FDA-approved drugs for terminating a pregnancy is protected by the bill.
• The Attorney General can bring civil cases to stop violations, and individuals harmed by a violation can bring private lawsuits that may seek money damages and attorney's fees.

Expenses#

No publicly available information on costs or budgetary effects. The bill does say courts may award compensatory damages and reasonable attorney's fees to prevailing private plaintiffs.

Proponents' View#

No publicly available information in the bill text or metadata describing proponents' stated views or arguments.

Opponents' View#

No publicly available information in the bill text or metadata describing opponents' stated views or arguments.