S.422 - Right to Contraception Act (119th Congress)
Summary
S.422, the Right to Contraception Act, seeks to establish a statutory right for individuals to access contraceptives and for healthcare providers to offer them. The bill defines contraception broadly, encompassing various methods and products intended to prevent pregnancy. It aims to preempt state and federal laws that restrict access to contraception, citing concerns about reproductive coercion and potential challenges to existing Supreme Court precedents.
Expected Effects
If enacted, this bill would likely lead to increased access to contraception nationwide by limiting the ability of states to restrict such access. It could also result in legal challenges from states or individuals who believe the bill infringes upon religious freedom or states' rights. The bill explicitly states that it supersedes the Religious Freedom Restoration Act of 1993.
Potential Benefits
- Codifies the right to contraception, potentially protecting it from future legal challenges.
- Expands access to contraception for marginalized groups, including people of color, immigrants, and LGBTQ+ individuals.
- Prevents unintended pregnancies, leading to improved health outcomes for women and families.
- Reduces rates of maternal and infant mortality and morbidity.
- Protects healthcare providers' ability to provide contraception-related services without fear of legal repercussions.
Potential Disadvantages
- May infringe upon the religious freedom of some individuals or organizations who object to contraception.
- Could lead to legal challenges based on states' rights and federal overreach.
- May not address the underlying social and economic factors that contribute to unintended pregnancies.
- Could potentially lead to increased healthcare costs if not accompanied by adequate funding for contraceptive services.
- Some may argue it infringes on parental rights by allowing minors access to contraception without parental consent (although the bill doesn't explicitly address parental consent).
Most Disadvantaged Areas:
Constitutional Alignment
The bill cites the Commerce Clause (Article I, Section 8), the Fourteenth Amendment (Section 5), and the Necessary and Proper Clause (Article I, Section 8) as constitutional justifications. The Commerce Clause is invoked due to the interstate nature of contraceptive manufacturing, distribution, and healthcare services. The Fourteenth Amendment is cited to enforce the right to privacy and equal protection under the law. The Necessary and Proper Clause is used to justify the expansion of congressional power to enact laws that are deemed necessary and proper for carrying out its enumerated powers.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).