Sponsors (4)
The bill removes a federal obstruction offense—reducing federal enforcement and protecting some defendants from federal penalties—but shifts responsibility to states and locals, increasing risks to clinic access for patients and creating uneven enforcement and potential legal uncertainty.
Taxpayers, federal courts, and DOJ face reduced federal criminal caseloads because conduct previously prosecuted under the federal statute will no longer be a federal offense, with enforcement shifted to state and local authorities (potentially saving federal enforcement resources).
Individuals charged under the former federal obstruction statute (including people with disabilities and women) will no longer face federal criminal penalties for pending and future prosecutions under that statute.
Women seeking reproductive health care and clinic staff may face increased risk of obstruction or harassment because federal deterrent penalties are removed, which could hinder timely access to care.
Local governments and law enforcement will likely bear greater burdens responding to blockades and protests, producing uneven protection and enforcement depending on local resources and laws.
Taxpayers and courts may face legal uncertainty and additional costs because individuals previously prosecuted under the repealed federal provision could seek relief in pending or future cases.
Based on analysis of 2 sections of legislative text.
Repeals the federal criminal statute (18 U.S.C. § 248) that criminalized obstructing access to reproductive health care facilities and removes it from Title 18; applies to pending and future prosecutions.
Official title: Amend title 18, United States Code, to repeal prohibitions relating to freedom of access to clinic entrances, and for other purposes.
Introduced January 23, 2025 by Mike Lee · Last progress January 23, 2025
Repeals the federal criminal statute that made it a federal offense to obstruct access to reproductive health care facility entrances and removes that section from the Title 18 table of sections. The repeal applies to prosecutions pending on or brought on or after the date the Act takes effect, ending the federal criminal cause of action and its listing in the criminal code.