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Questions & Answers about FOCA =

The=20 federal Freedom of Choice Act would prevent the government from=20 discriminating against a woman on the basis of her reproductive = decisions,=20 about using birth control, having a child, or terminating a = pregnancy.=20 Senator Barbara Boxer (D-CA) and Representative Jerrold Nadler = (D-NY)=20 introduced this landmark piece of legislation as the nation = marks the=20 31st anniversary of the U.S. Supreme Court's monumental 1973 = decision in=20 Roe v. Wade.=20

Q. If passed, how would FOCA affect women's = reproductive=20 freedom?

A. Once passed, FOCA will protect a woman's right to choose by = federal=20 statute. This means that if our worst fear comes to pass and a = newly=20 constituted anti-choice Supreme Court overrules Roe v. = Wade,=20 women in the United States will have the protection of federal law = in the=20 exercise of their right to choose. In addition, FOCA would = immediately=20 restore reproductive freedom for the millions of American women = who=20 already face interference with their right to choose as a result = of=20 onerous state and federal restrictions.

FOCA will supercede anti-choice laws that restrict the right to = choose,=20 including laws that prohibit the public funding of abortions for = poor=20 women or counseling and referrals for abortions. Additionally, = FOCA will=20 prohibit onerous restrictions on a woman's right to choose, such = as=20 mandated delays and targeted and medically unnecessary = regulations. As a=20 result, women will be freed from improper governmental = interference with=20 their right to choose a pre-viability abortion. Women who require = a=20 post-viability abortion in order to preserve their lives or health = will=20 also be protected by FOCA. (Viability, the time at which a fetus = is=20 capable of sustained survival outside the womb, is determined on a = case by=20 case basis and cannot legally be established as occurring at a = particular=20 time for all women.). FOCA applies to measures enacted or = implemented=20 before, on, or after the date of its enactment.

Q. Does Congress have authority to enact = FOCA?

A. Yes. Congress has ample authority under Article I =A7 8 and = section 5=20 of the 14th Amendment of the Constitution of the United States to = enact=20 this legislation. Congress has the authority to step in to ensure = that a=20 woman's fundamental right to choose is protected in all states and = to=20 prevent State interference with liberty or equal protection of the = laws.=20 Commerce Clause authority is derived from the economic and = interstate=20 nature of abortion services. Abortions are provided by medical=20 professionals on a fee-for-service basis; many women travel across = state=20 lines to obtain abortions; clinics purchase supplies from out of = state;=20 and employees often travel across state lines to work in clinics.=20 Therefore, Congress may enact legislation to create a national = standard=20 governing the provision of abortion services.

Q. Even if the Supreme Court overturns Roe v. = Wade,=20 won't states protect a woman's right to choose?

A. Not everywhere. In recent years, state legislators have = enacted=20 hundreds of anti-choice laws =97 over 350 since 1995 alone. The = situation=20 will likely worsen dramatically if Roe is overturned. Also, women = in many=20 states could face sweeping criminal bans on abortion if Roe v. = Wade is overturned. It is essential that the federal = government step=20 in to protect women since the states have such a wide disparity in = protections for reproductive freedom. Liberty should not be a = patchwork=20 available only to women fortunate enough to live in a pro-choice=20 state.

Q. Does FOCA go beyond the rights granted to women in = Roe=20 v. Wade?

A. Like the Supreme Court decision in Roe v. Wade, = FOCA will=20 prohibit state interference with a woman's right to choose prior = to the=20 point of viability. As under Roe, states will also be = able to=20 prohibit abortion after viability, unless necessary to protect the = woman's=20 life or health. FOCA will restore the reproductive rights = recognized under=20 the 1973 Roe decision, before these rights were eroded by onerous = state=20 and federal restrictions aimed at curtailing freedom of = choice.

FOCA embodies the full vision of reproductive freedom =97 it = also forbids=20 government from interfering with a woman's right to choose to bear = a=20 child. Moreover, it prohibits discrimination against the exercise = of=20 reproductive rights.

Q. Does FOCA prohibit states from limiting access to = abortion=20 services for minors?

A. FOCA prohibits states from enacting laws intended to deny or = interfere with a woman's fundamental right to choose an abortion. = Minors=20 have long been included within the protections of Roe. = Parental=20 consent or notification statutes have been used as a tool to deny = access=20 to abortion services for minors. When such laws deny or interfere = with the=20 ability of minors to access abortion services, they would violate=20 FOCA.

Q. What would be the impact of FOCA on bans on abortion = procedures (so-called "partial-birth" abortion bans)?

A. FOCA would supersede the federal ban and any state ban, to = the=20 extent those bans restrict pre-viability abortion procedures, or=20 post-viability procedures necessary to preserve a woman's health = or=20 life.

Q. What is the outlook for this = legislation?

A. Current anti-choice leadership in both the House and Senate = will=20 likely block any action on this legislation for the foreseeable = future.=20 However, success in the short term cannot be defined solely by = passage of=20 legislation, though FOCA's passage is our ultimate goal. In the = short=20 term, this legislation allows the pro-choice community to make = important=20 headway as a movement =97 politically, electorally, and = rhetorically. It=20 helps us to: (1) articulate our vision of what it means to be = pro-choice;=20 (2) educate Americans about the threat facing Roe at the Supreme = Court and=20 the many other efforts long underway to erode Roe's protections; = and (3)=20 mobilize and activate pro-choice Americans as we build momentum = for the=20 serious battles that lie ahead.

###Planned = Parenthood=20 Federation of America is the nation's leading sexual and = reproductive=20 health care advocate and provider. We believe that everyone has = the right=20 to choose when or whether to have a child, and that every child = should be=20 wanted and loved. Planned Parenthood affiliates operate more than = 860=20 health centers nationwide, providing medical services and = sexuality=20 education for millions of women, men, and teenagers each year. We = also=20 work with allies worldwide to ensure that all women and men have = the right=20 and the means to meet their sexual and reproductive health care = needs.=20

Published:=20 01.22.04

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