Referred to the House Committee on Energy and Commerce.
The Right to Contraception Act establishes a federal statutory right for individuals to obtain contraceptives and engage in contraception, and for health care providers to provide contraceptives and related information. It preempts state and federal actions that restrict access, limits defenses for laws that single out contraception, authorizes Department of Justice and private enforcement (including injunctive relief and attorney’s fees), and prevents invocation of state sovereign immunity for violations.
Preemption: liberals favor it; conservatives call it federal overreach
Relative to its intended legislative type, this bill is a well-structured substantive statute that clearly defines a nationwide right, integrates with existing law, and establishes judicial enforcement mechanisms.
The Right to Contraception Act establishes a federal statutory right for individuals to obtain contraceptives and engage in contraception, and for health care providers to provide contraceptives and related information.
It preempts state and federal actions that restrict access, limits defenses for laws that single out contraception, authorizes Department of Justice and private enforcement (including injunctive relief and attorney’s fees), and prevents invocation of state sovereign immunity for violations.
The Act explicitly applies notwithstanding the Religious Freedom Restoration Act, preserves HHS/FDA authority to regulate contraceptives, and excludes mandates about health-plan benefit coverage.
Substantive, nationwide preemption on a polarizing topic with aggressive enforcement raises strong opposition and litigation risk, making enactment uncertain absent strong congressional consensus.
Relative to its intended legislative type, this bill is a well-structured substantive statute that clearly defines a nationwide right, integrates with existing law, and establishes judicial enforcement mechanisms. It relies primarily on litigation-based enforcement and strong preemption to achieve broad effect.
Preemption: liberals favor it; conservatives call it federal overreach
These are examples from the analysis, not a ranked list of the most-affected groups.
Preemption: liberals favor it; conservatives call it federal overreach
Likely strongly supportive, viewing the bill as necessary to protect reproductive autonomy and to counter recent state restrictions.
Sees federal preemption and private enforcement as effective tools to ensure nationwide access, especially for marginalized groups.
Generally favorable to protecting contraception access but cautious about federal preemption, litigation risk, and impacts on religious liberty or state authority.
Views the bill as valuable but expects negotiation on scope and implementation details.
Likely opposed, seeing the bill as an expansive federal intrusion into states' rights and private conscience protections.
Particularly concerned by RFRA override, preemption, and abrogation of state immunity allowing broad federal and private litigation.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Substantive, nationwide preemption on a polarizing topic with aggressive enforcement raises strong opposition and litigation risk, making enactment uncertain absent strong congressional consensus.
The bill has not accumulated any surfaced votes yet.
Preemption: liberals favor it; conservatives call it federal overreach
Substantive, nationwide preemption on a polarizing topic with aggressive enforcement raises strong opposition and litigation risk, making e…
Relative to its intended legislative type, this bill is a well-structured substantive statute that clearly defines a nationwide right, integrates with existing law, and establishes judicial enforcement mechanisms. It re…
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