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Freedom of Choice Acts (FOCA)

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End the House Special Committee Attacking Planned Parenthood

Exposing people involved in fetal tissue research to harassment and intimidation is not just wrong. It's dangerous and irresponsible. Tell Rep. Marsha Blackburn to dismantle her committee attacking women's health.

Tell Republican Senators: Don't Obstruct President Obama's Supreme Court Nominee

President Obama has fulfilled his constitutional duty to fill the vacancy on the Supreme Court, nominating Merrick Garland. And yet Senate Republican leaders are still refusing to do their jobs.

Featured Efforts

Supreme Court Case: Whole Woman's Health v. Hellerstedt

The U.S. Supreme Court will rule on a case that could redefine abortion access for decades to come. The case, known as Whole Woman's Health v. Hellerstedt, is a challenge to Texas' notorious TRAP law, H.B.2. Learn More »

What are Freedom of Choice Acts, and why do states need to codify Roe's protections?

In Roe v. Wade, the U.S. Supreme Court ruled that the Constitution guarantees a woman’s right to choose. However, in subsequent decisions the Supreme Court sharply limited some of Roe’s protections and could someday eliminate them entirely.

A Freedom of Choice Act (FOCA) helps ensure that a woman’s right to choose is preserved by making Roe’s protections a permanent part of state or federal law. Women in states with FOCAs—or women nationwide if Congress were to pass a federal version—would continue to have access to safe, legal abortion care, even if Roe is further eroded or overturned in the courts. However, if the Supreme Court overturned Roe without a FOCA in place, Congress would be able to pass legislation banning abortion nationwide, trumping state codifications of Roe’s protections.

Current State Measures

7 states have codified a woman's right to choose, making the protections of Roe v. Wade part of state law: CA, CT, HI, ME, MD, NV, WA.

  • 3 states enacted these measures by ballot initiative: MD, NV, WA.
View a map of all states with Freedom of Choice Acts (FOCA).

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