President Joe Biden is set to sign an executive order aimed at safeguarding and expanding access to contraception, in an effort to protect reproductive rights amidst increasing abortion restrictions in several states. The executive order comes on the heels of the anniversary of the Supreme Court’s landmark Roe v. Wade ruling, which established the constitutional right to abortion in 1973.
The order, which addresses concerns raised by Justice Clarence Thomas, directs the secretaries of the Treasury, Labor Department, and the Department of Health and Human Services to ensure that all contraceptives approved by the FDA are covered by private health insurers. This requirement aligns with the Affordable Care Act, also known as Obamacare, which mandates insurance plans to cover at least one type of contraceptive per category without a copay. Currently, there are 18 FDA-approved contraceptive methods.
Additionally, President Biden’s order seeks to explore new avenues for improving access to affordable over-the-counter birth control medications, such as Plan B emergency contraception. This could involve discussions with pharmacies, employers, and insurers. The order also pushes for enhanced coverage of contraceptives for Medicare beneficiaries, especially women of reproductive age with disabilities, under the supervision of HHS Secretary Xavier Becerra. It further urges the Department of Veterans Affairs and the Office of Personnel Management to explore actions that would strengthen birth control access for veterans and federal employees.
It is important to note that the executive order does not outline a specific timeline for implementing these measures, nor does it mandate new requirements to codify birth control access. Nevertheless, contraception is widely utilized in the United States, with approximately 65% of women aged 15 to 49 using some form of birth control between 2017 and 2019, according to the Centers for Disease Control and Prevention (CDC). The most commonly used methods during this period were female sterilization, oral contraceptive pills, and condoms.
In recent weeks, Democratic lawmakers reintroduced legislation to codify access to contraception, highlighting the ongoing battle over abortion rights in the country. This battle has been further exacerbated by the legal dispute surrounding mifepristone, one of the medications involved in medication abortion. Anti-abortion doctors filed a lawsuit against the FDA last year, seeking to remove mifepristone from the U.S. market entirely. While a federal judge ruled in their favor and suspended FDA approval in April, the Supreme Court intervened to preserve access while the litigation continues.
Furthermore, more than a dozen states have enacted additional abortion restrictions since the Roe v. Wade decision, with some laws criminalizing the procedure as early as six weeks into pregnancy. These developments underscore the urgency of efforts to protect and expand reproductive rights, making President Biden’s executive order a significant step in ensuring access to contraception for all Americans.
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