S. 422 (119th)Bill Overview

Right to Contraception Act

Health|Civil actions and liabilityFamily planning and birth control
Cosponsors
Support
Democratic
Introduced
Feb 5, 2025
Discussions
Bill Text
Current stageCommittee

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The Right to Contraception Act creates a statutory right for individuals to obtain contraceptives and for health care providers to provide contraception, related information, and referrals. It broadly preempts Federal and State laws that would prohibit or restrict contraceptive sale, provision, or use, limits defenses for such restrictions, and preserves FDA authority.

Why people may split

Progressives emphasize rights and preemption to protect access

Watch point

Relative to its intended legislative type, this bill is a well-specified substantive rights statute that provides clear definitions, broad preemption, and concrete judicial enforcement mechanisms to protect access to contraception nationwide.

The Right to Contraception Act creates a statutory right for individuals to obtain contraceptives and for health care providers to provide contraception, related information, and referrals.

It broadly preempts Federal and State laws that would prohibit or restrict contraceptive sale, provision, or use, limits defenses for such restrictions, and preserves FDA authority.

The Act allows the Attorney General and private parties to sue violators, authorizes equitable relief and attorneys’ fees for prevailing plaintiffs, and waives state sovereign immunity for enforcement actions.

Passage25/100

Substantive national preemption on a contentious topic with private enforcement and immunity waivers lowers prospects absent strong bipartisan compromise.

CredibilityAligned

Relative to its intended legislative type, this bill is a well-specified substantive rights statute that provides clear definitions, broad preemption, and concrete judicial enforcement mechanisms to protect access to contraception nationwide.

Contention78/100

Progressives emphasize rights and preemption to protect access

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
StatesFederal agencies · States

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitCreates a nationwide legal baseline protecting access to contraceptives and contraception services.
  • Potential benefitEnables individuals and providers to bring private suits and obtain injunctive relief quickly.
  • StatesLimits state efforts to ban or restrict contraceptives, reducing geographic disparities in access.
Likely burdened
  • Federal agenciesPreemption and abrogation of state immunity could provoke constitutional challenges over federalism.
  • StatesStates could face increased litigation costs defending existing contraceptive or related laws.
  • Potential burdenThe Act limits applicability of religious-liberty defenses under the Religious Freedom Restoration Act.
03 · Why people split

Why the argument around this bill splits.

Progressives emphasize rights and preemption to protect access
Progressive95%

Likely strongly supportive; views the bill as a necessary federal safeguard preserving reproductive autonomy and preventing state-level restrictions.

Sees private enforcement and abrogation of state immunity as essential tools to ensure access where states restrict care.

Leans supportive
Centrist70%

Generally supportive but cautious; appreciates national clarity protecting contraceptive access while worrying about federalism, litigation volume, and interactions with insurance law.

Would look for clearer cost and implementation provisions.

Leans supportive
Conservative15%

Likely strongly opposed; views the bill as federal overreach that preempts state authority and constrains religious and conscience protections.

Opposes waiver of state sovereign immunity and broad private right of action.

Likely resistant
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood25/100

Substantive national preemption on a contentious topic with private enforcement and immunity waivers lowers prospects absent strong bipartisan compromise.

Scope and complexity
86%
Scopesweeping
52%
Complexitymedium
Why this could stall
  • Potential for major amendments narrowing preemption or immunity waiver
  • Judicial constitutional challenges and Supreme Court interpretation
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Progressives emphasize rights and preemption to protect access

Substantive national preemption on a contentious topic with private enforcement and immunity waivers lowers prospects absent strong biparti…

Unlocked analysis

Relative to its intended legislative type, this bill is a well-specified substantive rights statute that provides clear definitions, broad preemption, and concrete judicial enforcement mechanisms to protect access to co…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis