Individuals who travel from one state to another to get or provide legal reproductive health care, including abortion, would be protected from being sued, penalized, or otherwise punished by any state or government official under this bill. It would make it illegal for a state to restrict, penalize, or retaliate against a person for traveling to receive reproductive care that is legal in the state where it's provided, or against anyone who helps them travel, such as a friend, family member, or organization. Health care providers could also not be punished for treating out-of-state patients if the same treatment would be legal for an in-state patient. The bill lets the U.S. Attorney General, individuals, and health care providers sue in federal or state court to enforce these protections, and it removes states' ability to claim immunity from such lawsuits. A prevailing plaintiff would be entitled to have their legal costs and attorney's fees covered, while defendants could move eligible cases into federal court.
Civil Liberties
- Interstate travel right for reproductive health care — Individuals protected from state penalties for traveling to receive legal reproductive care in another state
- Private civil-suit rights — Individuals, providers, and organizations gain a federal right to sue over violations, with fees awarded to prevailing plaintiffs
- State sovereign immunity — Removed as a defense for states and officials sued under this Act, including Tenth Amendment, Eleventh Amendment, and qualified-immunity claims
Congressional Summary
Freedom to Travel for Health Care Act of 2026This bill prohibits anyone from interfering with a person's ability to access out-of-state reproductive health care. (Reproductive health care is defined as medical, surgical, counseling, or referral services and care related to pregnancy, including the prevention or termination of a pregnancy, and other reproductive care.)Specifically, the bill prohibits anyone from restricting, discriminating against, or otherwise disadvantaging anyone who receives, provides, or assists with out-of-state reproductive health care that is legal in the state in which it is provided.The bill allows the Department of Justice to bring a civil action and establishes a private right of action for violations. The bill specifically waives any applicable governmental immunity and preempts any contravening state laws.
Details
- Congress
- 119th
- Chamber
- Senate
- Status
- summarized
- Action
- Introduced in Senate
- Action Date
- 2026-06-08
- Date Added
- 2026-07-16
- Source
- Congress.gov →
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