FAQ
How long as the Freedom of Choice Act (FOCA) been around?
FOCA was first introduced after the Webster v. Reproductive Health Services Supreme Court decision in 1989. It has been introduced at various points since then.
Why hasn’t FOCA been signed into law before?
Since FOCA was first introduced, 1993 and 1994 were the only two years when pro-abortion leaders were in charge of Congress and could have passed FOCA while there was a pro-abortion President in office. Bill Clinton had run on the platform that abortion should be “safe, legal, and rare.” FOCA’s radical nature was completely the opposite of Clinton’s public stance, and so the legislation didn’t advance. This time however, you have pro-abortion leaders in Congress and a President who promised Planned Parenthood that FOCA would be a top priority.
Will FOCA apply to the Federal Partial Birth Abortion Ban Act of 2003 and other laws already in place, or will it apply only to future laws?
Pursuant to the Supremacy Clause of the U.S. Constitution, FOCA will apply retroactively to all existing laws, as well as to all future laws. In fact, FOCA was introduced in 2007 with the intent to legislatively reverse and nullify the effects of the Supreme Court’s holding in Gonzales v. Carhart, which upheld the Federal Partial Birth Abortion Ban Act of 2003.
Will FOCA reduce abortions or make them safer?
No. FOCA will dramatically expand abortion in the United States by removing any regulations of abortion and expanding the types of people who can perform them. FOCA will invalidate all health and safety abortion regulations and even allow non-physicians such as dentists and social workers to perform surgical abortions without training. Under FOCA, abortion providers will not be required to sterilize surgical instruments or to have functioning emergency equipment. FOCA endangers the health, lives and safety of American women.
Are FOCA supporters aware of the radical nature and extreme effects of FOCA?
Yes. Sponsors of FOCA and pro-abortion groups do not deny FOCA’s draconian impact. For example, Planned Parenthood has stated, “FOCA will supercede anti-choice laws that restrict the right to choose, including laws that prohibit the public funding of abortions for poor women or counseling and referrals for abortions. Additionally, FOCA will prohibit onerous restrictions on a woman’s right to choose, such as mandated delays and targeted and medically unnecessary regulations.” As Senator Boxer eloquently explained in 2004, “FOCA [will] supersede all other laws,” especially those that the Supreme Court has held to be constitutional under Roe v. Wade and subsequent decisions.
Is FOCA ready to be signed into law as soon as Barack Obama is sworn in as President?
No. A new Congress is constituted every two years, and any pending bills from the previous Congress must be re-introduced. In order for Barack Obama to sign FOCA into law, FOCA will have to be re-introduced, passed by the new Congress, and sent to him for signature.
What will AUL do with the “Fight FOCA” Petition?
The “Fight FOCA Petition” will be sent to Barack Obama and Members of Congress upon the re-introduction of FOCA in the 111th Congress.
Do petitions like this work?
Petitions enable our government leaders to see the widespread support for or against a particular piece of legislation. This is a first step. But we can’t stop here. The next step will be for you to contact your legislators directly when FOCA or similar legislation is introduced in Congress or your state legislature. We ask for your email address so we can alert you when that happens and provide you with the tools to contact your leaders and make your voice heard.
Do you think we can stop the Freedom of Choice Act?
Absolutely. Our best chance to do so will be in the U.S. Senate. But in order for us to win, our leaders must hear a very loud outcry from the American people.
After I sign the “Fight FOCA” Petition, what else can I do?
Let your friends know! When you sign up, you’ll get an email verification that we received your information. At the bottom of that email is some suggested text you can take and send to those you know who would oppose the radical nature of FOCA.
Great. I did that. Is there something more I can do?
Yes. You can contribute to help us continue to educate people about the radical nature of FOCA and enable them to make their voices heard. Any amount is welcome. With the pro-abortion forces in charge of both Congress and the White House, we’re all going to need to band together to get the job done.