Assemblymember David Chiu Statement on Reproductive FACT Act in the United States Supreme Court

Monday, November 13, 2017

SACRAMENTO – Today the U.S. Supreme Court granted certiorari to review National Institute of Family and Life Advocates v. Xavier Becerra, which challenges the constitutionality of California’s Reproductive Freedom, Accountability, Comprehensive Care, and Transparency (FACT) Act. The Reproductive FACT Act was authored by Assemblymember David Chiu (Democrat - San Francisco) and signed into law in 2015.

The Reproductive FACT Act empowers women to make the best healthcare choices for themselves and their families. The law requires that licensed clinics provide clients with a basic notice that California has free or low-cost public programs that provide comprehensive family planning services, prenatal care, and abortion services, as well as contact information for those services.  The Reproductive FACT Act also requires an unlicensed facility that provides pregnancy-related care to inform clients that it is not a licensed medical facility and does not have a licensed provider on staff.

“California has a longstanding history of protecting and upholding a woman’s constitutional right to choose.  The Reproductive FACT Act continues that legacy by ensuring that women can make reproductive choices based on information that is scientifically accurate and timely,” said Assemblymember Chiu.

“While there are concerns about the anti-choice perspective held by some US Supreme Court Justices, the Reproductive FACT Act was carefully crafted with legal precedent in mind and has been repeatedly upheld by multiple courts. The Reproductive FACT Act balances the compelling interest to share information that impacts a woman’s health with organizations’ ability to freely express their views. It is a reasonable requirement that the Supreme Court should uphold.”

Anti-choice groups have been relentless in their quest to overturn the new law and women from receiving healthcare facts. Since 2015, four federal courts have denied preliminary injunctions related to separate lawsuits brought to block implementation of the new law, and the 9th Circuit Court of Appeals has upheld the rulings. 


Assemblymember David Chiu (D–San Francisco) is the Chair of the Housing & Community Development Committee of the California State Assembly. He represents the 17th Assembly District, which encompasses eastern San Francisco.