The Freedom of Choice Act

Therese responded to my last post titled Abortion and the States saying:
I'm sure a number of states would try to outlaw all abortion, but what's really grim is that every limitation you mention, limitations voted on by the people of the states, every last one will be GONE if Pres Obama signs his "Freedom" of "Choice" Act.
Got me to wondering.. I found this summary at

"Freedom of Choice Act - Declares that it is the policy of the United States that every woman has the fundamental right to choose to: (1) bear a child; (2) terminate a pregnancy prior to fetal viability; or (3) terminate a pregnancy after fetal viability when necessary to protect her life or her health.

Prohibits a federal, state, or local governmental entity from: (1) denying or interfering with a woman's right to exercise such choices; or (2) discriminating against the exercise of those rights in the regulation or provision of benefits, facilities, services, or information. Provides that such prohibition shall apply retroactively.

Authorizes an individual aggrieved by a violation of this Act to obtain appropriate relief, including relief against a governmental entity, in a civil action.
A few thoughts:
  1. It seems that this bill would not invalidate all state restrictions on abortion as fetal viability is involved.. also doesn't address other points such as parental notification.

  2. The bill has never gotten out of committee.. it will be interesting to see if it does and if it is filibuster proof.

  3. I suspect that if it actually does come to a vote it will look differently then the one that didn't get out of committee.

  4. It will really be interesting to see who actually votes for the bill.. at least we will have an idea who the pro-choice folks (especially the Republican ones) really are.. and how much outrage (read that filibustering) is expressed by the so-called pro-lifers.

  5. If passed and signed the bill will probably and ultimately be contested and decided by the supreme court.
I will be surprised and saddened if it is actually passed and signed.. alas.. I have been surprised before.


  1. The language does not specifically address parental notification, but it also does not address what "a woman" is and can be expected to make the argument that making a woman's decision to get pregnant means that one has the requisite womanhood to terminate.

    And the other chill is "fetal viability." Does that mean we can shift that down as premature babies survive successfully, or does that mean that up to and including the moment of birth, before a breath is drawn, the fetus is considered non-viable.

    When abortion becomes a pseudo-Constitutional right, then those who deny it, like a doctor or a hospital who refuses to abort, is now guilty of a crime, instead of acting on their conscience.

    The language is slippery and alarmingly non-specific.

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