A Freedom of Choice Act was first introduced in the 108th and 110th Congresses (from '03 to '05 and '07 to '09, respectively), by Rep. Jerold Nadler, a New York Democrat. It was developed at a time when the future of Roe was in doubt because it was unclear if George W. Bush would have the opportunity to appoint another justice to the Supreme Court. But FOCA had a hard time gaining traction — even under Democratic control of Congress, the bill was not only never voted on but never made it out of committee.
Still, FOCA is proving to be the perfect political issue for anti-abortion advocates — and for congressional Republicans, who have taken up the cry as well. Unless and until FOCA is voted on by Congress, they can invoke it as a looming threat. And the longer it remains a dormant issue, the more credit they can take for their own "proactive" efforts to "defeat FOCA,"
and the scary bit
While the USCCB's literature about FOCA has been generally accurate, the chain e-mail has disseminated a number of false claims, including warnings that the proposal would force Catholic hospitals to shut down and lead to at least 100,000 more abortions each year. Some versions of the e-mail even claimed that FOCA could "result in a future amendment that would force women by law to have abortions in certain situations — and even regulate how many children women are allowed to have."