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President, Politicians & Abortion Advocates sound off on FOCA
"Freedom of Choice Act" (FOCA) in the words of its supporters
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On April 19, 2007, the day after the U.S. Supreme Court upheld the federal Partial-Birth Abortion Ban Act, abortion advocates reacted by re-introducing the so-called "Freedom of Choice Act" (FOCA). (H.R 1964, 110th Cong. (2007); S. 1173, 110th Cong. (2007)).
This pro-abortion measure has been introduced in varying versions since 1989.
FOCA is intended to nullify every common-sense pro-life regulation enacted by majorities in state legislatures including parental notice, informed consent information, physician-only requirements, restrictions on tax-funded abortion and partial birth abortion bans.
If passed, FOCA could also be interpreted to nullify state and federal protection of conscience laws that prohibit discrimination against health care professionals who refuse to participate in procedures that destroy human life.
No need to take our word for it. See what FOCA advocates themselves have said over the years about the sweeping scope of FOCA:
Presidential Candidate Barack Obama Remarks at a Planned Parenthood Fund, Inc. Rally , July 2007:
“There will always be people… who do not share my view on the issue of choice. On this fundamental issue, I will not yield, and Planned Parenthood will not yield.”
“The first thing I would do as President is sign the ‘Freedom of Choice Act’. That is the first thing I would do.”
(Note: This answer was in response to the following question: “What would you do at the federal level, not only to ensure access to abortion, but also to make sure that the judicial nominees that you will pick will be true to the tenets of Roe v. Wade?”)
- Obama was not an original sponsor of the bill in April. He sponsored the bill on May 11th of 2007, about three weeks later.
Senator Barbara Boxer (D-Ca.) From her 2004 press release after re-introducing FOCA.
(FOCA 2004 and FOCA 2007, the current bill, contain the same language.)
"The Freedom of Choice Act also supersedes any law, regulation or local ordinance that impinges on a woman's right to choose."
“That means a poor woman cannot be denied the use of Medicaid if she chooses to have an abortion. [This] means that abortions cannot be prohibited at public hospitals, giving women more choices that private clinics.”
“That means that we respect a woman’s ability to make her own decisions, and don’t force women to attend anti-propaganda lectures, which submit women to misleading information, the purpose of which is to discourage abortion."
"That means that women serving our country in the military overseas would be able to afford safe abortions that can be performed in a military hospital.”
“And under our law [FOCA], women who are denied their right to choose or discriminated against will be able to go to court to enforce the law.”
(Note: Boxer admits here that FOCA enables tax funding of abortions, and the nullification of informed consent and abortion alternative information laws. FOCA allows women to sue States who enforce these laws for "discrimination.")
NARAL (National Abortion Rights Action League)
“There are some legal technicalities involved, but the Freedom of Choice Act (FOCA) would effectively repeal the Federal [Partial-Birth] Abortion Ban and other federal restrictions on abortion care, as well as codify the protections of Roe nationwide."
- NARAL president Nancy Keenan, 26 June 2007.
“If passed, FOCA would establish a federal law guaranteeing reproductive freedom for future generations of American women. FOCA would ensure that women's rights remain intact, even if President Bush, Congress, and the courts are successful in reversing Roe v. Wade or imposing even more restrictions on our right to choose.”
- Press Release, April 2006.
NOW (National Organization for Women)From press release, April 30th, 2007
“Women who require post-viability abortion in order to preserve their lives or health will also be protected by FOCA. (Viability, the time at which a fetus is capable of sustained survival outside the womb, is determined medically on a case by case basis and cannot legally be established as occurring at a particular time for all women.)”
"Parental consent or notification statutes have been used as a tool to deny access to abortion services for minors. When such laws deny or interfere with the ability of minors to access abortion services, they violate FOCA."
Emily’s ListFrom newsletter, May 5th, 2007
“[FOCA] would also help protect women from new restrictions on reproductive rights passed at the state or local level that are likely to result from the Supreme Court’s recent ruling.”
Planned Parenthood From action alert, April 2007
“The legislation would invalidate existing and future laws that interfere with or discriminate against the exercise of the rights protected. It also would provide an individual aggrieved by a violation of the act a private right of civil action in order to obtain appropriate relief.”
ACLU From news alert, April 2007
“Since the landmark 1973 Roe v. Wade decision, anti-choice legislators in the states and in Congress have systematically eroded reproductive rights. State and federal restrictions already in place make reproductive freedom an empty promise for many American women. Many of these restrictions fall most heavily on low-income women and teens. For example, numerous states and the District of Columbia currently restrict low-income women’s access to abortion; and the federal Hyde Amendment bars access to abortion care for low-income women who rely on the federal government for their health care. Likewise, many states dangerously restrict teenagers’ access to abortion care.”
“FOCA would restore the reproductive rights recognized in Roe and help prevent further attacks on reproductive freedom. Congress should enact FOCA and renew its commitment to women’s health.”
FACT SHEETS: Abortion Harms Women and Children
*This resource is offered for public education purposes, and not for the purpose of influencing the defeat or passage of legislation.
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