President Biden is set to sign an executive order on Friday with the intention of enhancing access to contraception and family planning. This order aligns with the administration’s efforts to promote reproductive healthcare and coincides with the approaching one-year anniversary of the Supreme Court’s decision to overturn Roe v. Wade.
This executive order will serve as the administration’s sole policy response to mark this significant anniversary. While the Dobbs v. Jackson Women’s Health Organization ruling primarily dealt with the constitutional right to abortion, Justice Clarence Thomas stated in a concurring opinion that the court should also reevaluate whether there exists a constitutional right to birth control.
Jennifer Klein, director of the White House Gender Policy Council, emphasized the increased importance of access to contraception following the Dobbs decision and the ensuing challenges in women’s healthcare access. The executive order directs the Secretaries of the Treasury, Labor Departments, and Health and Human Services (HHS) to explore new actions and guidance concerning birth control. This includes ensuring that private health insurance covers all FDA-approved contraceptives.
Although the Affordable Care Act (ACA) guarantees coverage of women’s preventive services, including free birth control and counseling, in all 50 states, the law presently only obligates insurers to cover one product per contraceptive category. Klein acknowledged that some women with private health insurance continue to face hurdles in obtaining the contraception they require. Therefore, the executive order offers the opportunity for agencies to enforce additional birth control coverage requirements on insurers.
Among other provisions, the order also urges agencies to assess ways to improve access to affordable over-the-counter birth control, such as Plan B emergency contraception. Generally, polls have shown bipartisan support for access to contraception, despite opposition from some individuals who conflate certain forms of contraception with abortion.
Klein clarified that the order has no specific timeline but underscores the administration’s desire for agencies to prioritize this issue. Since the Dobbs decision, President Biden has issued two other executive orders pertaining to abortion. One order aims to assist women who must travel out of state for abortions and to ensure that health providers comply with federal law, avoiding delays in emergency care. Another order focuses on protecting access to abortion care and contraceptives while safeguarding patient privacy.
Collectively, these three orders provide federal agencies with a clear roadmap to enhance access to comprehensive healthcare. However, it is crucial to note that contraception is not intended to replace abortion care, as the administration has emphasized.
Nevertheless, the White House’s ability to take unilateral actions is limited. President Biden has urged Congress to codify Roe v. Wade into law, but given the current Republican-controlled House and slim margins in the Senate, this has yet to materialize. Previous attempts to pass legislation expanding the right to abortion and enshrining its protections into law have also failed.
President Biden has consistently called on Americans to elect more Democrats in the upcoming 2024 elections to strengthen congressional margins and solidify the protection of Roe’s rights in legislation.
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