In a significant move aimed at enhancing access to reproductive health services, the White House announced on Monday its intention to propose new regulations under the Affordable Care Act. These rules would mandate that health insurers cover over-the-counter birth control without any out-of-pocket expenses for patients. This initiative is part of a broader effort to improve access to contraception and alleviate financial burdens on individuals seeking these essential health services.
The proposed regulations would encompass a range of contraceptive options, including emergency contraception, a newly approved nonprescription birth control pill, as well as spermicides and condoms. This policy change is expected to benefit approximately 52 million American women of reproductive age who depend on private health insurance for their healthcare needs. The proposal will enter a 60-day public comment period, and if finalized, it would mark the most substantial expansion of contraception benefits in over a decade, according to Jennifer Klein, the director of the White House Gender Policy Council.
This announcement comes at a critical time, just two weeks ahead of the upcoming elections. Democrats, including Vice President Kamala Harris, are emphasizing that the threats to reproductive rights extend far beyond the Supreme Court’s 2022 ruling in Dobbs v. Jackson Women’s Health Organization, which effectively dismantled the national right to abortion.
“At a time when access to contraception is under siege, Vice President Harris and I are unwavering in our commitment to broadening access to quality, affordable contraceptive options,” stated President Biden in a recent statement. “We firmly believe that women across every state must possess the autonomy to make deeply personal healthcare decisions, including the right to determine if and when to start or expand their families.”
The Supreme Court’s ruling in the Dobbs case determined that the “right to privacy” does not extend to a constitutional right to abortion. Notably, Justice Clarence Thomas, in his concurring opinion, suggested that the same reasoning could be applied to challenge other landmark rulings that relied on the right to privacy, such as Griswold v. Connecticut, a pivotal 1965 case that recognized the right of married couples to access contraception.
“Clarence Thomas articulated the unspoken concern that contraception could be at risk, and indeed it is,” Vice President Harris remarked during an appearance on the late-night show with Jimmy Kimmel in June.
