2022: Fitzpatrick Voted To Codify The Right To Access Contraceptives
And The Right For Health Care Providers To Provide Contraceptives To
Their Patients. In July 2022, according to Congressional Quarterly,
Fitzpatrick voted for the Right to Contraception Act, which would
"protect a person's ability to access contraceptives and to engage in
contraception, and to protect a health care provider's ability to
provide contraceptives, contraception, and information related to
contraception." The vote was on passage. The House passed the bill by a
vote 228-195, thus the bill was sent to Senate. The Senate did not take
substantive action on the bill. [House Vote 385,
7/21/22; Congressional
Quarterly, 7/21/22;
Congressional Actions, H.R.
8373]
The Bill Was A Resulted From The U.S. Supreme Court's Overturn Of
Roe V. Wade And Concerns That The Court May Revisit Same-Sex
Marriage And The Right To Contraception. According to The New York
Times, "House Democratic leaders opted to move forward with the bill
after the Supreme Court's decision overturning abortion rights
raised worries about the prospect that the justices might revisit
cases that affirmed same-sex marriage rights and the right to
contraception. The debate in Congress thrust the issue into the
midterm election campaign, where Democrats are eager to draw a
distinction between their party's support for L.G.B.T.Q. rights and
opposition by many Republicans." [New York Times,
7/19/22]
The Bill Would Establish The Federal Right For Contraception
Access And The Right For Medical Providers To Provide
Contraceptives. According to Reuters, "The bill would create a
federal right for people to access contraceptives and for doctors
and pharmacists to provide them. Contraceptives are used by 88% of
U.S. women of childbearing age who are not trying to get pregnant,
according to the Guttmacher Institute, an abortion rights advocacy
group." [Reuters,
7/21/22]
Although None Have Passed, Several State Legislatures Have
Introduced Legislation To Restrict Contraceptive Access And 12
States Currently Permit Health Care Providers To Refuse To Prescribe
Contraception. According to Reuters, "Some state legislatures have
introduced bills to restrict access to contraceptives, though they
have not passed. In addition, 12 states allow health providers to
refuse contraception, according to the Guttmacher Institute."
[Reuters,
7/21/22]
The Bill Would Protect Oral And Emergency Contraceptives,
Intrauterine Devices And Condoms. According to The Hill,
"Contraceptives protected under the legislation include oral and
emergency medications, intrauterine devices and condoms." [The
Hill,
7/21/22]
The Bill Would Allow The U.S. Attorney General, Health Care
Providers And Injured Individuals To Sue States That Violate The
Right To Contraception Access. According to The Hill,
"Additionally, the bill authorizes the attorney general, health care
providers and other individuals to take civil action against any
states that violate the provisions of the bill." [The Hill,
7/21/22]
Some House Republicans Claimed The Bill Was Too Broad And Could
Violate Religious Liberty Protections. According to Congressional
Quarterly, "But some House Republicans who opposed the contraception
bill, sponsored by Rep. Kathy Manning, D-N.C., said they worried the
legislation was too broad and could limit protections under a
religious liberty law known as the Religious Restoration Freedom Act
of 1993. They also worried that the bill could violate other federal
and state moral protection laws." [Congressional Quarterly,
7/21/22]
Some House Republicans Claimed The Bill Would Increase Funding For
Abortion Providers And That The Right To Contraception Would Be
Interpreted To Protect Medication Abortion Drugs. According to
Congressional Quarterly, "Other Republicans, meanwhile, said the
bill would increase funds for abortion providers and be interpreted
to cover the right to medication abortion drugs." [Congressional
Quarterly,
7/21/22]
Congressman Frank Pallone (D) Clarified That The Bill Defined
Contraceptives As FDA-Regulated Products And Emphasized That The
Bill Would Not Prevent The FDA From Removing Unsafe Products.
According to Congressional Quarterly, "But House Energy and Commerce
Chairman Frank Pallone Jr., D-N.J., disagreed with that
interpretation. 'This bill defines contraceptives as those legally
marked under the Food, Drug and Cosmetic Act,' said Pallone,
referring to the 1938 law that granted FDA authority. 'Nothing
prevents FDA to [sic] remove unsafe products from the market.'"
[Congressional Quarterly,
7/21/22]
2022: Fitzpatrick Effectively Voted Against Protecting Access To
Contraceptives. In July 2022, according to Congressional Quarterly,
Fitzpatrick voted for the "Hinson, R-Iowa, motion to recommit the bill
to the House Energy and Commerce Committee." The vote was on a motion to
recommit. The House rejected the motion by a vote 190-234. [House Vote
384, 7/21/22;
Congressional Quarterly,
7/21/22; Congressional Actions,
H.R.
8373]
2022: Fitzpatrick Effectively Voted Against Protecting Access To
Contraceptives. In July 2022, according to Congressional Quarterly,
Fitzpatrick voted against the "adoption of the rule (H Res 1232) that
would provide for one hour of general debate on each bill." The vote was
on the adoption of the rule. The House adopted the rule by a vote
219-200. [House Vote 366,
7/19/22; Congressional
Quarterly, 7/19/22;
Congressional Actions, H.R.
8373;
Congressional Actions, H.Res.
1232]
2022: Fitzpatrick Effectively Voted Against An Amendment That Included
Biological Products And FDA-Regulated Products In The Definition Of
"Contraceptives," Specified That "Health Care Providers" Were Authorized
Providers, And Clarified That The Contraception Access Bill Did Not
Sanction Forced Sterilization. In July 2022, according to
Congressional Quarterly, Fitzpatrick effectively voted against the
management's amendment, which would "specify that the bill's definition
of 'contraceptive' includes biological products and is limited to
products legally marketed under existing Food and Drug Administration
regulations; clarify the bill's definition of 'health care provider' to
state that providers must be authorized by the state to provide health
care services; specify that the bill may not be construed to sanction
sterilization procedures without a patient's informed consent; and make
technical changes." The vote was on the adoption of the rule. The House
adopted the rule by a vote 219-200, thus the manager's amendment was
automatically adopted. [House Vote 366,
7/19/22; Congressional
Quarterly, 7/19/22;
Congressional Actions, H.R.
8373;
Congressional Actions, H.Res.
1232]
2022: Fitzpatrick Effectively Voted Against Protecting Access To
Contraceptives. In July 2022, according to Congressional Quarterly,
Fitzpatrick voted against the "motion to order the previous question
(thus ending debate and possibility of amendment) on the rule (H Res
1232) that would provide for one hour of general debate on each bill."
The vote was on a motion to order the previous question. The House
agreed to the motion by a vote 219-199. [House Vote 365,
7/19/22; Congressional
Quarterly, 7/19/22;
Congressional Actions, H.R.
8373;
Congressional Actions, H.Res.
1232]
2021: Fitzpatrick Voted To Prohibit Copayments For Contraceptives
Covered By Health Insurance Plans Without A Cost-Sharing Requirement For
Veterans. In June 2021, Fitzpatrick voted for the Equal Access to
Contraception for Veterans Act which would, according to Congressional
Quarterly, "prohibit the Veterans Affairs Department from requiring
copayments from a veteran for any contraceptive items that are required
to be covered by health insurance plans without a cost-sharing
requirement." The vote was on passage. The House passed the bill by a
vote of 245-181, after initially failing to meet 2/3 of the vote on June
15th, 2021. The Senate did not take substantive action on the bill.
[House Vote 184,
6/24/21; Congressional
Quarterly, 6/24/21;
Congressional Actions, H.R.
239]