Women’s Health Protection Act of 2025
Summary
The Women's Health Protection Act of 2025 aims to protect a person's ability to decide whether to continue or end a pregnancy and to safeguard a health care provider's ability to provide abortion services. It seeks to permit people to seek and obtain abortion services without unwarranted limitations and to eliminate burdens on commerce and the right to travel. The bill cites the Commerce Clause, the Fourteenth Amendment, and the Necessary and Proper Clause of the Constitution as its basis for authority.
Expected Effects
If enacted, the bill would supersede inconsistent federal and state laws, preventing the enforcement of restrictions that impede access to abortion services. It establishes a statutory right for health care providers to offer, and patients to receive, abortion services without specific limitations, particularly pre-viability. The Act also includes provisions for enforcement through civil actions and preemption defenses.
Potential Benefits
- Protects access to abortion services, potentially improving women's healthcare access.
- Reduces disparities in access to care across different states.
- May lead to greater economic participation for women by ensuring control over reproductive choices.
- Provides legal recourse against restrictive state laws.
- Affirms the right to travel across state lines for healthcare services.
Potential Disadvantages
- Could face legal challenges based on federalism and states' rights arguments.
- May lead to increased political polarization and social division.
- Potential conflicts with the Religious Freedom Restoration Act despite the bill's attempt to supersede it.
- Possible strain on healthcare systems in states with more permissive abortion laws due to increased demand.
- Concerns about the scope of federal power over healthcare decisions.
Most Disadvantaged Areas:
Constitutional Alignment
The bill relies on the Commerce Clause (Article I, Section 8), the Fourteenth Amendment (Section 5), and the Necessary and Proper Clause (Article I, Section 8) for its constitutional basis. The Commerce Clause is invoked due to the interstate nature of abortion services. The Fourteenth Amendment is cited to enforce the provisions of Section 1, arguing for equal protection. The Necessary and Proper Clause is used to justify the federal government's role in ensuring access to these services. However, the extent to which these clauses justify federal intervention in this area is subject to ongoing debate and judicial interpretation.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).