Kaine, Murkowski, Sinema, and Collins introduce legislation to codify Roe v. Wade

On August 1, 2022, U.S. Senators Tim Kaine (D-VA), Lisa Murkowski (R-AK), Kyrsten Sinema (D-AZ), and Susan Collins (R-ME) introduced the Reproductive Freedom For All Act.  This legislation would enact the essential holdings of Roe v. Wade and related cases in federal law, protecting abortion rights and contraception access.

“After the Supreme Court gutted a woman’s right to make personal health care decisions, Congress must restore that right,” said Senator Kaine. “That’s why I’ve worked with my colleagues to find common ground on this bipartisan compromise that would do just that. The Reproductive Freedom For All Act would restore the right to abortion and protect access to contraception by enshrining those freedoms into federal legislation.”

“Every American should have autonomy over their own health care decisions, and the Supreme Court’s decision in Dobbs has made it imperative for Congress to restore women’s reproductive rights. I’m proud to introduce bipartisan legislation with my colleagues to write into law the protections provided through Roe and Casey as well as affirming access to contraception provided in Griswold and other cases,” said Senator Murkowski. “For five decades, reproductive health care decisions were centered with the individual – we cannot go back in time in limiting personal freedoms for women.”

“A woman’s health care decisions should be between her, her family, and her doctor. Our bipartisan, commonsense legislation protects the health and wellbeing of women in Arizona and across the country by ensuring all women – no matter where they live – can access the health care they need and have the ability to make their own decisions about their futures,” said Senator Sinema.

“The Supreme Court’s recent abandonment of longstanding precedent erodes the reproductive rights on which women have relied for half a century. These basic rights need to be the same for American women regardless of the state in which they reside. Our bill would restore the right to obtain an abortion by enacting in federal law Roe v. Wade and other seminal Supreme Court decisions pertaining to reproductive freedom. In addition, our bill would protect access to contraception,” said Senator Collins. “By reinstating—neither expanding nor restricting—the longstanding legal framework for reproductive rights in this country, our bill would preserve abortion access along with basic conscience protections that are relied upon by health care providers who have religious objections.”

According to a recent Pew Research Center poll, more than 60 percent of Americans believe abortion should be legal in all or most cases. Overturning Roe has resulted in immediate bans on all abortions in several states. In the future could potentially call into question other important rights, including the right to access birth control, outlined in Griswold v. Connecticut, Eisenstadt v. Baird, and Carey v. Population Services International. That is why the Reproductive Freedom For All Act would enact not only the core holdings of Roe v. Wade but also key subsequent cases: Planned Parenthood of Southeastern Pennsylvania v. Casey and Whole Woman’s Health v. Hellerstedt, as well as the holdings of Griswold v. Connecticut, Eisenstadt v. Baird, Carey v. Population Services International.

The Reproductive Freedom For All Act protects the ability of women to make health care choices for themselves. It would:

• Prohibit state regulations that impose an undue burden on a woman’s access to pre-viability abortions while allowing states to enact reasonable restrictions on post-viability abortions – provided that states cannot ban abortions that are necessary to protect the life or health of the mother;
• Protect access to contraceptives; and
• Preserve conscience protections.

The full text of the legislation is available here.