Ensuring Women’s Right to Reproductive Freedom Act

H.R. 4099, the Ensuring Women’s Right to Reproductive Freedom Act, would shield interstate abortion services from interference by state actors operating under color of state law. In practical terms, it would prohibit states from blocking or penalizing health care providers who offer abortions to patients who are in a different state, prevent hindering people traveling across state lines to obtain abortions, and bar interference with the shipment of FDA-approved abortion drugs across state lines. The bill provides two enforcement paths: (1) a civil action by the U.S. Attorney General in federal court for declaratory and injunctive relief, and (2) a private civil action by individuals harmed, with damages (including economic losses and emotional distress) and potential attorney’s fees. It defines key terms (abortion service, health care provider, drug, and State) to cover providers, patients, and supporting entities across the U.S. including DC, territories, and tribal lands. The act includes severability and a construction clause protecting the fundamental right to travel and preserving existing enforcement authorities.