S. 317: Reproductive Freedom for All Act

This bill establishes a general right of all persons to make certain reproductive decisions without undue government interference.

It specifically provides statutory authority for the Supreme Court's prior holdings in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. In Roe, the Court held that the Constitution protects a woman's decision to terminate her pregnancy. In Casey, the Court reaffirmed this holding and additionally held that state abortion regulations may not place a substantial obstacle in the path of a woman seeking an abortion before fetal viability (i.e., an undue burden). However, a state may (1) restrict abortions after viability, except when a pregnancy endangers the life or health of the woman; and (2) enact regulations to further the health or safety of a woman seeking an abortion, except for unnecessary health regulations that present a substantial obstacle to a woman seeking an abortion.

Additionally, the bill provides statutory authority for the Court's holdings in Griswold v. Connecticut (the right of married couples to obtain contraception), Eisenstadt v. Baird (the right of single persons to obtain contraception), Carey v. Population Services International (the right of minors to obtain contraception), and Whole Woman's Health v. Hellerstedt (that certain state restrictions on abortion facilities and providers created an undue burden).

Written by the Congressional Research Service, Library of Congress.