Republicans block birth control bill, cite ACA despite repeal efforts

On June 5, Senate Republicans blocked a bill to protect birth control access, claiming the bill was unnecessary because of a federal law requiring insurance companies to provide no-cost contraception coverage. That law is a part of the Affordable Care Act, which many of these same Republicans have tried to repeal.

Contraceptive access became a concern following the 2022 Supreme Court decision overturning Roe v. Wade. Justice Clarence Thomas wrote in his concurring opinion that the court should consider overturning other precedents, such as same sex marriage and birth control access.

The Right to Contraception Act would have codified birth control access into federal law. The bill needed 60 votes to pass. All but two Republicans voted against it. Democrats unanimously supported the legislation.

Ahead of the June 5 vote, Florida Sen. Rick Scott put out a statement dismissing the legislation as a political stunt. A handful of other Republicans signed onto the statement, including Sen. Ted Cruz of Texas and Sen. Steve Daines of Montana.

“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,” the statement said.

The law in question is the Federal Contraceptive Coverage Guarantee, which requires most health insurance plans to cover FDA-approved contraceptive methods. The law is a part of the Affordable Care Act, also known as Obamacare, which was passed in 2010 and signed into law by President Barack Obama.

In December 2016, when Scott was serving as Governor of Florida, he urged staffers of the incoming Trump administration to repeal the Affordable Care Act.

“I want to have a repeal as quickly as we can get it done,” Scott told reporters. “Day one would be nice for me.”

Daines’ official website includes similar language.

“I support full repeal of Obamacare …” the page states. “First and foremost, I believe doctors and patients, not insurance companies or the government, should be in charge of health care decisions.”

Daines identifies as pro-life and celebrated the Supreme Court decision gutting Roe v. Wade.

Cruz has practically branded himself as an anti-Obamacare crusader. In 2013, he spoke on the Senate floor for 21 hours and forced a government shutdown in a failed gambit to kill the Affordable Care Act. In 2017, Cruz authored portions of the American Health Care Act, a bill that would have eliminated Obamacare.

On Nov. 25, when former President Donald Trump suggested he will repeal Obamacare if he returns to the White House, Cruz was one of the first prominent Republicans to endorse that effort.

“I would love to see us revisit it,” Cruz told NBC News. “Lowering premiums is critically important to Texans.”

Each of these lawmakers were asked if they would still oppose the Right to Contraception Act if the Affordable Care Act provisions did not exist. No responses were provided at the time of publication.

The Congressional Budget Office estimates that at least 23 million Americans would lose their insurance if the Affordable Care Act were repealed.