The Right to Contraception Act did not pass Wednesday, with Republican senators rejecting the option to codify contraception access.
Needing two-thirds in favor, the vote failed 51-39.
Democrats and Republicans went in knowing the bill would most likely stall. Senate Majority Leader Chuck Schumer, D-New York, hoped the vote would put a public spotlight on Republicans choosing to stand in opposition against contraception access.
“This is not a show vote,” said Schumer. “This is a show us who you are vote.”
The legislation called for protecting an individual’s right to access contraceptives and a provider’s ability to offer contraception, including sterilization procedures. It would ban the federal government and states from enforcing rules that restrict the sale of contraceptives.
This bill would not have changed coverage under group health plans, individual health insurance coverage or federal programs.
Democratic senators ranging from Patty Rosen, Tammy Duckworth, Elizabeth Warren, Patty Murray, Ed Markey and Peter Welch all spoke in favor of the bill. Rosen argued that, following the overturning of Roe v. Wade, contraception will be the next target of Republican politicians, activists and the Supreme Court.
“These restrictive attacks are meant to control what women can and can’t do with their bodies,” said Rosen, D-Nevada, on the Senate floor. “Overturning the right to contraception would be catastrophic in a post-Roe world. It would mean that women in states with the most restrictive abortion bans would have zero ability at all to make any decisions over their own bodies.”
“I believe them when they say they’re not done,” said Sen. Maria Cantwell, D-Washington, with a sign behind her that read "Contraception is Essential Health Care" in bright, yellow letters.
Republicans, including Sen. Marco Rubio of Florida, dismissed these concerns as political theater.
“There is no threat to access to contraception, which is legal in every state and required by law to be offered at no cost by health insurers, and it’s disgusting that Democrats are fearmongering on this important issue to score cheap political points,” said Rubio in a statement. “This bill infringes on the parental rights and religious liberties of some Americans and lets the federal government force religious institutions and schools, even public elementary schools, to offer contraception like condoms to little kids.”
Per the Project 2025 agenda (PDF), a prominent political road map backed by conservative think tank The Heritage Foundation, a Republican government would move to effectively limit access to contraception. The strategy is contingent on President Donald Trump winning reelection and agreeing to follow through with the plan.
Sen. Joni Ernst, R-Iowa, pushed for adoption of her birth control legislation, the Allowing Greater Access to Safe and Effective Contraception Act, instead. The bill was placed on the Senate calendar. She said it creates a priority review designation for over-the-counter (OTC) birth control options.
Ernst’s bill does not help improve access to contraception or stop insurance carve-outs, replied Sen. Tina Smith, D-Minnesota. She added that OTC birth control has been available in stores since March.