Cortez Masto bill would prohibit bans on interstate travel for abortions

Sens. Catherine Cortez Masto and Jacky Rosen and other members of the U.S. Senate are making another push to pass legislation that would ban travel restrictions for women seeking to terminate pregnancies in states where the practice is legal.

The original Freedom to Travel for Health Care Act, which Cortez Masto introduced in 2023, faltered in a committee.

The Nevada senator reintroduced a version of it this week. Nearly three dozen Democrats signed on as co-sponsors.

Cortez Masto’s bill reemerged almost four years after a Supreme Court ruling overturned the landmark case that protected abortion rights in June 2022.

“As we approach the anniversary of the Supreme Court overturning Roe v. Wade, it is critical that we remain vigilant against continued efforts to further roll back women’s reproductive freedoms,” she said in a statement. “For women in states where abortion became illegal over the last four years, the right to travel for abortion care is a lifeline.”

Cortez Masto said she would continue fighting back against efforts targeting reproductive rights.

If passed, the law would bar restrictions on abortion-related travel and prohibit penalties for affected women and health care providers.

“It shall be unlawful for any person or government to restrict or in any way, sanction, hold liable, discriminate against, or otherwise disadvantage any individual from traveling to another State to receive or provide reproductive health care that is legal in that State,” according to the bill.

Thirteen U.S. states have instituted abortion bans but none have passed statewide laws that prevent travel for the purpose of terminating a pregnancy in states where the practice is legal, such as Nevada.

“No State, State official, or any other person acting under the color of law may enforce or apply any law that is inconsistent with this section,” the bill said.

Several municipal governments have passed bans that restrict abortion-related travel on local roads, particularly in Texas, according The Network for Public Health Law. The ordinances are in line with that state’s Heartbeat Act, which allows private citizens to sue anyone who induces an abortion.

“The impact of local travel bans is particularly acute in jurisdictions that border a state where abortion care is available,” said the nonprofit that advocates for abortion rights.

Enforcement of any current or future abortion travel bans would be moot under the federal proposal, Cortez Masto’s office clarified Friday.

Furthermore, it would empower the Department of Justice to sue jurisdictions that violate the law and also leave them open for litigation from affected people, including healthcare providers.

The measure is supported by organizations like the Planned Parenthood Federation of America and the American Civil Liberties Union.