What is the 'Right to Contraception Act'? A look at how the bill failed and what was in it

Drawing attention to the parties' opposing stances on reproductive rights in an election year, Democrats forced a Senate vote on whether to begin work on legislation to codify the right to contraception Wednesday that was doomed to fail without Republican support.

The Right to Contraception Act, introduced by Sen. Ed Markey, D-Mass., sought to codify people's right to use and protect health care providers' right to distribute contraceptives. The vote required 60 votes but failed by a count of 51-39, with Sens. Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska, joining Democrats in voting yes.

Senate Majority Leader Chuck Schumer, D-N.Y., changed his vote to "nay" in a procedural move that would allow him to bring the legislation to the floor again at a later date.

The vote forced senators in the chamber to take a clear side on an issue that's known to mobilize voters nationwide. Two years after the Supreme Court's decision to overturn Roe v. Wade, some Democrats appear hopeful it will serve as a reminder of Republican's restrictive positions on abortion and convince voters the GOP could take things further if they lose their narrow control of the Senate this fall.

"Remember the days when women couldn't vote, when women couldn't own property, when women couldn't even open a bank account? The Republicans want to get back to those days when power and control didn't flow to women in this country but to them," Sen. Mazie Hirono, D-Hawai, said. "Now something as fundamental and common sense as access to contraception is on their hit list."

President Joe Biden said Republican lawmakers have already done just that by proposing to defund the Title X Family Planning Program in a statement supporting the bill Wednesday.

"Dangerous and extreme abortion bans are putting women's health and lives at risk, and disrupting access to critical health care services, including contraception, as health care providers are forced to close in states across the country," Biden said. "Attacks on contraception are an affront to women's dignity and their ability to make their own decisions about their lives."

Writing in support of the decision to overturn Roe v. Wade in 2022, Supreme Court Justice Clarence Thomas suggested the court could also revisit Griswold v. Connecticut, the 1965 case which established the right to access birth control.

Former president Donald Trump has warned his colleagues in the GOP that abortion restriction could be a losing issue for the party in 2024. In May, the presumptive Republican nominee said he was "looking at" restricting birth control but quickly walked back that comment and said he would never support such a policy.

More: Donald Trump denies support for restrictions on contraception; Joe Biden allies disagree

More: Which states will have abortion on the ballot in November?

Ahead of the vote, many Republicans had already dismissed it as unnecessary and voiced opposition to it. Sen. Rick Scott, R-Fla., released a statement Wednesday with 21 other Republican senators slamming the bill as "stunt legislation."

"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 Republican senators said.

Democrats, on the other hand, had shared their support for the bill with voters directly online.

Rachel Barber is a 2024 election fellow at USA TODAY, focusing on politics and education. Follow her on X, formerly Twitter, as @rachelbarber_

This article originally appeared on USA TODAY: 'Right to Contraception Act' votes fall short. What was in the bill?