U.S. Sen. Joni Ernst gains support for her own contraceptive bill

DES MOINES — After voting to block a bill to codify the right to contraception, several U.S. Senate Republicans are backing a more limited proposal from U.S. Sen. Joni Ernst of Iowa to expand access to over-the-counter oral contraception.

Senate Republicans Wednesday rejected the Democratic-led "Right to Contraception Act," which would have ensured nationwide protections for access to birth control. Republicans called the bill a political “show vote,” saying contraception access is not at risk.

A procedural vote on the bill failed to get the necessary 60 votes to move forward Wednesday, with a 51-39 vote. Ernst and fellow Iowa U.S. Sen. Chuck Grassley voted against the bill.

Democrats, who hold a slim majority in the Senate, said the opposition from all but two Senate Republicans gives credence to their warnings that the GOP poses a risk to contraception access.

During debate Wednesday, Ernst called for a vote on her own legislation that would allow the Food and Drug Administration to more quickly approve applications for oral contraceptive drugs that can be purchased without a prescription.

The bill would limit over-the-counter purchase of contraception to people 18 and over, and would not grant the speedy approval process to emergency contraception like Plan B.

Ernst argued the Democrats’ bill would infringe on medical workers who have a religious objection to providing birth control, and that it “creates a precedent to mandate action to abortion drugs.”

Echoing many other Republicans, Ernst said there is no risk to contraception, and Democrats were trying to politicize the issue.

“From the Senate to the White House, Democrats do not have anything to run on — no agenda that resonates with the American people. So instead they are fear mongering in the name of politics,” she said. “Fortunately, Republicans have a solution.”

There is one daily oral contraceptive that has gained FDA approval for purchase without a prescription — Opill received the approval in 2023 and became available this year. Ernst said the approval is a good start, but there should be more options.

The bill also would call on the Government Accountability Office to conduct a review of federal spending on contraception, provider training and patient education.

Democratic U.S. Sen. Tina Smith of Minnesota said during debate that Ernst’s bill would do nothing to improve the accessibility of over-the-counter birth control. She noted the bill does not address insurance coverage and said an over-the-counter birth control pill already exists.

“If Republicans truly support increased access and fewer barriers to contraception, then they should vote for the Right to Contraception Act,” Smith said. “Our bill would actually guarantee the right for people to obtain and use contraceptives.”

Planned Parenthood Advocates of Iowa spokesperson Mazie Stilwell criticized Ernst's and Grassley’s votes, saying it was "beyond disappointing" to see them oppose the legislation.

“Protecting access to birth control is important now more than ever given state politicians are hellbent on banning all abortions and forcing Iowans into pregnancy,” she said in a statement Thursday.

Ernst bill gains support

Ernst’s bill was introduced Tuesday, but it is similar to a bill she and Republican Iowa U.S. Rep. Ashley Hinson introduced in 2022. It has gained 12 GOP co-sponsors, including Grassley.

“Women, including those in rural areas, should have ready access to safe, effective and affordable contraception,” Grassley said in a statement provided by Ernst’s office. “I’m glad to join Senator Ernst on this important, commonsense measure.”

Ernst’s office said in a news release this week that Hinson would introduce a companion bill in the House.

A spokesperson for Hinson said she would introduce an identical House companion to Ernst's bill in the coming days.

"I am proud to team up with Senator Ernst on this bill, which is particularly important for women in rural areas who may have to drive over an hour to see their doctor,“ Hinson said in a statement. ”Senate Democrats are once again gaslighting the American people — there isn’t a single Republican proposal that will ban access to contraception. While Democrats just play political games, I will continue working on commonsense policy solutions and advocating for Iowa women."

The Senate bill also is co-sponsored by U.S. Sens. Shelley Moore Capito, R-W.V., Steve Daines, R-Mont., Todd Young, R-Ind., Tom Tillis, R-N.C., Ted Cruz, R-Texas, Mitch McConnell, R-Ky., James Risch, R-Idaho, John Cornyn, R-Texas, Rand Paul, R-Ky., John Thune, R-S.D., and Roger Marshall, R-Kan. Ernst's 2022 bill was co-sponsored only by Grassley.

Democrats have leaned on contraception access as an issue since the fall of Roe vs. Wade and the end of the federal right to an abortion. They have argued the Supreme Court opened the door for restrictions on contraception and accused Republicans of threatening access.

Iowa Republican Attorney General Brenna Bird recently lifted a 17-month pause on reimbursements for emergency contraceptives for victims of sexual assault after conducting a review of the office’s victim services program. The office will resume covering those expenses for victims, but the state will not pay for abortions.

Republican Virginia Gov. Glenn Youngkin last month vetoed a bill to protect contraception access, saying, in part, it undermined the right of parents to make decisions for their children.