May 22, 2022
The Women’s Health Protection Act is a bill written by Democrats
that would guarantee access to abortion services in the United
States. While this bill is unlikely to become law, learning what
exactly the Democrats are proposing is instructive, as many of us
will be voting with abortion in mind later this year. Now that the
Supreme Court is poised to overturn previous decisions that
guaranteed access to abortion services for the past 50 years, what
do Democrats hope to do in response?
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Sponsor: Rep. Judy Chu (D-CA)
of House Bill
Sponsor: Sen. Richard Blumenthal (D-CT)
of Senate Bill
Senate Cloture Vote Breakdown
Section 3: Permitted Services
- Gives health care providers the right to provide abortion
services and gives patients the right to receive abortion services
"without any of the following limitations or requirements":
- Requirements to perform specific tests or medical procedures
prior to an abortion
- Requirements that direct health providers to provide medically
inaccurate information before or during abortion services
- Limitations on the health care provider's ability to provide
drugs to the patient
- Limitations preventing the health care provider from performing
abortion services via telemedicine
- Limitations placed on abortion providing facilities that are
not placed on hospitals and other facilities where similar
procedures are performed
- Requirements that the patient attend medically unnecessary
pre-abortion in-person office visits
- Limitations on abortions "at any point or points in time prior
to fetal viability"
- Limitations on abortions "after fetal viability when, in the
good-faith medical judgement of the treating health care provider,
continuation of the pregnancy would pose a risk to the pregnant
patient's life or health."
- Requirements that patients disclose the reason they want an
abortion prior to fetal viability.
- Allows the courts to consider the following in determining if a
requirement illegally impedes access to abortion services:
- If the requirement interferes with a health care providers
ability to provide care and services or poses a risk to the
patient's health or safety
- If the requirement would likely delay or deter some patients
from accessing abortion services
- If the requirement is likely to increase the financial costs of
providing or obtaining abortion services
- If the requirement would likely limit the availability of
abortion services in a State or geographic region
- If the requirement imposes penalties on health care providers
that are not imposed on or are more severe than penalties imposed
on other health care providers for comparable conduct or failures
Section 4: Applicability and Preemption
- This law would apply to the Federal Government and "each State
government" and no State government can implement and enforce any
law or regulation that conflicts with this law.
- The law would not govern physical access to clinic entrances,
insurance coverage for abortions, contracts, or bans on partial
Section 5: Effective Date
- Immediately upon enactment.
Section 7: Enforcement
- Allows the Attorney General to sue any State or government
official who implements or enforcement limitations or requirements
that would be prohibited by this law.
- Allows individuals, "entities", and health care providers
adversely affected by violations of the law to also sue the State
that violates the law with illegal limitations and
- The costs of the trial and attorney's fees would be paid by the
State if the State loses the case. The person suing could not be
forced to pay for attorney's fees if the claim was judged to be
"non-frivolous" even if they lose.
Sponsor: Trent Franks (R-AZ)
Status: Died in 113th Congress
May 10, 2022
View Clip Transcripts in Jen’s Highlighted PDF
September 24, 2021
View Clip Transcripts in Jen’s Highlighted PDF
Design by Only Child Imaginations
Music Presented in This Episode
Tired of Being Lied To by David Ippolito