Congressman Higgins Announces Approval of Right to Contraception Act

Press Release

Congressman Brian Higgins (NY-26) announced the approval of the Right to Contraception Act (H.R. 8373). The bill ensures the right to use contraceptives, as well as a health practitioner's right to provide them.

"The right to contraception was established by the Supreme Court in 1965 and reaffirmed in 1972, but the recent Dobbs ruling, which reversed Roe v Wade, has called the right to privacy into question," said Congressman Higgins. "This measure safeguards Americans' right to make decisions about their own reproductive health and family planning, a right that should be decided between individuals or families and their trusted medical providers without political interference."

Contraception is fundamental to the health and human rights of all people. It is a core tenant of basic preventive care that millions of people rely on. Access to contraception is supported by 96 percent of voters, according to PerryUndem. It advances women's health, economic empowerment, and equality. It also allows people to make critical choices about their families and their lives.

Contraceptives are considered any device or medication used to prevent pregnancy or for other health needs, including all products approved by the Food and Drug Administration (FDA). Contraception is any action taken to prevent pregnancy, including the use of contraceptives and sterilization procedures.

This measure prohibits limitation on access to contraceptives, as well as any restrictions on health facilities or practitioners -- including physicians, nurses, and pharmacists -- providing them. It would also bar any efforts to impede access to contraceptives and information on contraception. Any federal or state laws -- including the Religious Freedom Restoration Act -- would be preempted by the bill. Additionally, it includes a severability provision which states that if any part of the legislation is invalidated, the rest would remain in effect.

On June 24, the Supreme Court overturned Roe v Wade. In a concurring opinion, Justice Clarence Thomas wrote that the court should reconsider other "substantive" due process precedents, including Griswold v Connecticut and Eisenstadt v Baird, which affirmed the right use contraceptives, as well as other cases dealing with the right to privacy.

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