Attorney General Becerra Issues Statement on Supreme Court’s Ruling in NIFLA v. Becerra

SACRAMENTO – California Attorney General Xavier Becerra today issued the following statement after the United States Supreme Court struck down California’s Reproductive Freedom, Accountability, Comprehensive Care, and Transparency (FACT) Act in National Institute of Family and Life Advocates v. Xavier Becerra in a 5-4 decision. The FACT Act required clinics to provide neutral, fact-based information to women regarding reproductive health and options. 

“When it comes to making their health decisions, all California women – regardless of their economic background or zip code – deserve access to critical and non-biased information to make their own informed decisions,” said Attorney General Becerra. “Today’s Court ruling is unfortunate, but our work to ensure that Californians receive accurate information about their healthcare options will continue.”  

Today’s Court ruling complicates California’s efforts to empower women with information about their healthcare. The FACT Act required unlicensed providers to inform women that they are not licensed by the State of California to provide medical care. The law also required licensed clinics that provide only limited services to inform women where they could get information about state-funded comprehensive reproductive healthcare. The goal of the FACT Act was to make sure women get the factual information they need to make their own informed healthcare decisions.

In National Institute of Family and Life Advocates v. Xavier Becerra, the plaintiffs sought a preliminary injunction to prohibit enforcement of the FACT Act, claiming that it violated their First Amendment free speech rights by compelling them to deliver a government message. The federal district court and the Ninth Circuit Court of Appeals both rejected the plaintiffs' arguments and refused to grant the preliminary injunction. The Supreme Court heard oral arguments on March 20, 2018, and today the Court struck down the law. This will undercut efforts to make sure that women are aware of public programs available to them to provide comprehensive reproductive healthcare services such as contraception, health education and counseling, family planning, prenatal care, delivery, or abortion.