Following the Supreme Court’s Decision to Overturn Roe v. Wade, the Legislation Would Protect the Right for Americans to Access Birth Control

WASHINGTON, D.C. — A majority of the U.S. House of Representatives today voted to pass Spanberger-cosponsored legislation to codify into federal law the right for Americans to access contraception.

Spanberger cosponsored the Right to Contraception Act following the Supreme Court’s decision in Dobbs vs. Jackson Women’s Health Organization, which upended reproductive rights. In his concurrence, Justice Clarence Thomas explicitly called for the reconsideration of cases that have established Americans’ right to privacy — including the constitutional right to contraception.

“All Americans deserve the freedom to make their own private healthcare decisions without the government breathing down their necks,” said Spanberger. “In his concurrence in the Dobbs case, Justice Clarence Thomas called into question multiple rights based on our foundational right to privacy — including the right to decide if and when you can use contraception. Allowing our government to meddle in the reproductive healthcare decisions of the people it serves is an affront to the personal freedom granted to us as Americans. Today, I’m glad to see my colleagues in the House recognize the need to codify the right to access contraception, and I will continue to protect the privacy and due process rights of every American.”

Specifically, if signed into law, the Right to Contraception Act would:

• Create a statutory right for people to obtain contraceptives and engage in contraception;

• Establish a corresponding right for healthcare providers to provide contraceptives and information related to contraception;

• Allow the U.S. Department of Justice, as well as providers and individuals harmed by restrictions on contraception access made unlawful under the legislation, to go to court to enforce these rights; and

• Protect a range of contraceptive methods, devices, and medications used to prevent pregnancy, including but not limited to oral contraceptives, emergency contraceptives, and intrauterine devices.

The Right to Contraception Act is led in the U.S. House by U.S. Representatives Kathy Manning (D-NC-06), Nikema Williams (D-GA-05), Sara Jacobs (D-CA-53), and Angie Craig (D-MN-02).

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