Michael Stokes Paulsen: The legal consequences of the Freedom of Choice Act

Michael Strokes Paulsen, writing at Moral Accountability:

While there is room for uncertainty or disagreement concerning a few issues, in the main, FOCA’s legal effects are clear. FOCA would invalidate nearly every state and federal law bearing on, or attempting to influence, the exercise of a choice of abortion. FOCA would invalidate nearly every state or federal law substantively disfavoring abortion in the provision of benefits, services, and information. FOCA would invalidate nearly every state or federal law protecting the conscience of medical workers or religious hospitals from participating in abortion. FOCA would likely invalidate nearly any state law prohibiting partial birth abortion. And FOCA would entrench abortion rights against further meaningful legal challenge.