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Ahead of Dobbs anniversary, Biden to sign order expanding access to contraception

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Nearly one year removed from the U.S. Supreme Court’s tectonic decision to overturn the case that established the right to abortion, the White House Friday is announcing an order to strengthen and protect access to contraception intended to reduce the likelihood of pregnancy.

The executive order set to be issued by President Joe Biden seeks to increase contraceptive options, lower out-of-pocket costs, and make people more aware of ways to obtain contraception, a White House official told reporters.


What You Need To Know

  • The White House is announcing an executive order to strengthen and protect contraceptive access, nearly one year removed from the U.S. Supreme Court’s decision to overturn a constitutional right to abortion
  • This action is set to increase contraceptive options, lower out-of-pocket costs and make people more aware of ways to obtain contraception, a White House official said
  • Multiple federal agencies and officials will be ordered to consider new actiosn to ensure contraception coverage for people covered by private insurance and federal health programs
  • President Joe Biden has signed three reproductive health-related orders since Dobbs v. Jackson Women’s Health Organization overturned protections established in the 1973 Roe v. Wade decision

It’s the third executive order on reproductive health care access made by the Biden administration since the Supreme Court’s ruling last June in Dobbs v. Jackson Women’s Health Organization, which overturned the 1973 ruling in Roe v. Wade. The first two orders, signed in July and August 2022, also sought to safeguard access to reproductive care services and bolster federal protections for people seeking abortions.

“This executive order underscores the president and vice president’s continued commitment to protecting access to the full spectrum of reproductive health care,” said Assistant to the President and Director of the Gender Policy Council Jen Klein.

On the whole, the order seeks to improve contraception access and affordability to people with both private health insurance and under Medicaid; to bolster access to contraception across federally-supported health care programs and federal employees, service members and veterans; and to generally promote access to over-the-counter contraception — including emergency contraception.

More specifically, the order directs multiple government agencies, including the Departments of the Treasury, Labor and Health and Human Services to consider guidance that requires insurers to offer expanded contraceptive access under the Affordable Care Act — including more than one contraceptive product per category, to streamline processes to access, and to increase public awareness of new availabilities.

“Contraception is an essential part of reproductive healthcare, which is why contraception — along with abortion — was named in the other two executive orders that the president issued in the weeks after Dobbs,” Klein said. The White House, she said, has had a three-prong strategy to restore reproductive health services: passing legislation on the federal level; at the state level; and by executive action.

Providing protections at the state level has been the great challenge for abortion rights advocates. Since the Dobbs decision, 18 states have effected abortion bans, and six more have bans on hold in the court system, per a White House report.

The White House has announced that, by June 24, it will have hosted five formal working group meetings of state legislators to draft and advance bills in legal abortion states. It has also convened meetings of legislators from states that have banned abortion, as well as states where reproductive rights are being challenged.

“While contraception cannot replace the need for abortion services or fill the gap left by the loss of a constitutional right to choose, it’s an important part of helping ensure that women can make decisions about their own health, lives and families,” Klein said.

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