For the second time in two years, Congress is considering a bill that would protect access to contraception at the federal level. If passed, the Right to Contraception Act would codify the right of Americans to access birth control pills, patches, implants, condoms, intrauterine devices (IUDs), and sterilization procedures, including vasectomies. Importantly, the bill does not eliminate religious or personal belief exemptions, which allow healthcare providers to refrain from prescribing contraceptives and permit insurance companies to choose not to cover them.

The necessity of such a bill arises from the confusion and legal uncertainties following the Supreme Court’s decision to overturn Roe v. Wade in 2022. This decision has raised questions about whether states can revoke access to certain forms of birth control. Some conservative lawmakers argue that IUDs and emergency contraceptives can induce abortions, leading to legislative efforts in states like Idaho, Missouri, Louisiana, Arkansas, and Michigan to restrict these forms of contraception.

An IUD is a device inserted into the uterus that thickens cervical mucus, making it difficult for sperm to reach and fertilize an egg. It also thins the uterine lining, making implantation unlikely in the rare event of fertilization. Emergency contraceptives prevent or delay ovulation and do not cause abortions, as stated by the World Health Organization.

In 2022, House Democrats introduced and passed the Right to Contraception Act when Nancy Pelosi was Speaker of the House. However, the Senate did not vote on the bill, stalling its progress. To prevent a repeat, House Democrats proposed a discharge petition on Tuesday, which requires some GOP support to force a vote by House Speaker Rep. Mike Johnson, a Republican.

The legal right to contraception in the U.S. is currently protected by the Supreme Court decisions in Griswold v. Connecticut and Eisenstadt v. Baird. These decisions form the basis of jurisprudence related to contraception. However, as seen with the reversal of Roe v. Wade in the 2022 Dobbs v. Jackson Women’s Health Organization decision, precedents can be overturned, potentially threatening access to contraception.

“This bill does not force people to prescribe contraception, it does not force people to take contraception,” said Dr. Dara Kass, an emergency medicine physician in New York and former regional director at the U.S. Department of Health and Human Services. “This bill guarantees that if someone wants to take contraception, they will be able to have access to contraception, and that access cannot be revoked.”

Regarding the 2022 version of the bill, some Republican politicians, including Florida Rep. Kat Cammack, claimed the legislation was unnecessary and labeled it a fear-mongering tactic by Democrats. However, Justice Clarence Thomas indicated in 2022 that the Supreme Court should revisit and potentially overrule past landmark decisions, including Griswold v. Connecticut.

“What concerns me about not having a law is there are very clear indicators that there are some folks, including some Supreme Court justices, that have shown an appetite to overturn the Griswold case in the same way they overturned Roe,” said Mindy McGrath, senior program director at the National Family Planning & Reproductive Health Association.

If the Right to Contraception Act passes, it would become a statute that clearly defines the types of birth control protected, removing ambiguity. “This bill is really intended to enshrine existing protections we already have into federal law,” said McGrath. However, if the bill does not pass, it still highlights the importance of the issue and may prompt further legislative attempts to protect contraception access.

Currently, 14 states and Washington D.C. have legal protections for contraception access. Grassroots organizations are working to expand access, particularly in states with strict abortion bans. For instance, Jo Giles, executive director of Women’s Fund of Omaha, is installing sexual health vending machines in Nebraska, offering emergency contraception for $8 and pregnancy tests for $3, amidst restrictive abortion laws.

“It’s scary to think about the efforts that are trying to limit access to products that people want to use and that are safe and that are FDA-regulated,” Giles said. “In the face of that, we are innovating to make sure that people have what they need when they need it.”

As Congress deliberates on the Right to Contraception Act, the future of contraception access in the U.S. hangs in the balance, highlighting the ongoing struggle to protect reproductive rights in a rapidly shifting legal landscape. This legislation represents a critical effort to ensure that access to contraception remains safeguarded, despite the evolving judicial and political challenges.