Earlier this week the Biden-Harris Administration announced yet another plan to expand access to either free or affordable contraception. This new plan would expand the Affordable Care Act to require that private insurance plans make certain contraceptives available to women without their paying out of pocket. The Administration is characterizing this as part of their push for so-called “reproductive freedom” in the wake of the US Supreme Court overturning Roe.
This is largely happening because earlier this year Senate Republicans derailed a “right to contraception” bill. The Administration is looking to use its agencies with their rule-making authority in order to do an end-run around the Senate and get what they want. Such a move jeopardizes the separation of powers with its built-in checks and balances.
