Bill Summary

The Freedom of Choice Act (FOCA) would nullify every federal and state limitation on abortion by codifing Roe v. Wade. This would include invalidating federal restrictions on abortion such as the ban on partial-birth abortion, and state restrictions such as parental involvement laws which have been passed in 36 states. Basically, this bill would undo all pro-life achievements made politically in recent years.

FOCA has the support of president-elect Barack Obama, who told Planned Parenthood in July of 2007 that “the first thing I’d do as president is, is sign the Freedom of Choice Act. That’s the first thing that I’d do.”

FOCA has long been a priority of the pro-abortion lobby, which has been trying to pass versions of FOCA since 1989. Since its introduction, there has only been a pro-abortion majority in 1993 and 1994. During those years it was stalled because some pro-abortion politicians did not think it went far enough because it did not require states to fund abortion. FOCA will once again be a top priority as a pro-abortion majority will hold reign in the upcoming 111th Congress.

Bill Status

In April 2007, the day after the Supreme Court upheld the Partial-Birth Abortion Ban, Senator Barbara Boxer (D-CA) introduced this bill in the Senate and Congressman Jerrold Nadler (D-NY) in the House. Both were referred to committee.