Congress moves to block state contraception bans with federal right to access
S. 422 — Right to Contraception Act · Filed by Ed Markey (D-MA) · 41 cosponsors · Introduced Feb 5, 2025 · Referred to committee
Your members of Congress
Enter a ZIP to see where your representative and both senators stood on this bill.
Looked up on this device — your ZIP is never stored on our servers.
What it does
This bill creates a federal statutory right to access contraceptives and for health care providers to supply them, contraception, and related information. It bars federal and state governments from restricting, banning, or singling out contraceptives or contraception services, and allows individuals and providers to sue in federal court to enforce the right, with attorney's fees awarded to prevailing plaintiffs.
Why we flagged it
The bill's core mechanism is a federal statutory right to contraception and a private right of action to enforce it against state restrictions. It is a rights-expansion and anti-restriction measure, not a subsidy, carve-out, or deregulation.
What the text implies
- The bill's preemption language (Section 6) is broad and may override state laws not explicitly about contraception if they have the effect of restricting access—e.g., pharmacy licensing rules, insurance mandates, or facility regulations. Courts will need to interpret 'impedes access' and 'singles out' in practice.
- The 'clear and convincing evidence' standard in Section 5(b) is a high bar for states to defend restrictions, shifting the burden substantially toward federal protection and away from state police power.
The full analysis lists 5 implications of this text.
Who stands to gain
pharmaceutical manufacturers (contraceptive drugs and devices); medical device companies (IUDs, implants, barrier methods); health care providers (expanded patient access and service demand)