Virginia Governor Sends Back Amended Contraception Bill (2)

Virginia would follow US Supreme Court precedence on the right to contraception under a bill the governor amended and sent back to the legislature.

The proposal sent late Monday by Gov. Glenn Youngkin (R) states that “individuals possess the right to access contraception as set forth” in the Supreme Court’s rulings in Griswold v. Connecticut in 1965 and Eisenstadt v. Baird in 1972. Justices said in those decisions that the right to privacy protects the rights of married couples and individuals to access contraceptives.

Youngkin’s measure is less comprehensive than the version passed by the Democratic-led legislature last month (SB 237) prohibiting any laws, regulations, or other state policies that restrict the sale, provision, or use of any contraceptives approved by the Food and Drug Administration, including oral contraceptives, emergency contraceptives like Plan B, and intrauterine devices, or IUDs. The bill from the state legislature also outlines how the state attorney general or individuals could initiate a civil cause of action for alleged interference with the right to obtain or engage in contraception.

The bill’s sponsor, state Sen. Ghazala Hashmi (D), and Del. Marcia “Cia” Price (D), who led the legislation in the House, condemned Youngkin’s removal of the specific forms of contraception that would be protected under the law, as well as “the mechanism for Virginians to ensure that our rights are enforced.”

“Governor Youngkin’s substitute would effectively make it a suggestion rather than a law and leave our rights up to the whims of the people in power,” the state legislators said in a joint statement, adding “both chambers should reject the substitute, and the governor should sign the original bills.”

Youngkin’s addition, which state legislators will consider when they return to session April 17, comes after the governor sent back legislation (SB 238) last month to protect insurance coverage for contraception with an amendment that would allow nongovernmental plan sponsors to decline providing coverage if it conflicts with “sincerely held religious or ethical beliefs.”

Hashmi, who also sponsored the insurance coverage bill, previously told Bloomberg Law that Democrats were opposed to the amendment for SB 238 and planned to vote against it.

Democrats and reproductive health groups have warned that contraception could be among the next targets of the anti-abortion movement’s policy fight. Measures to establish a right to contraception are pending in at least six other states, and as many as five others are also considering bills to guarantee at least some insurance coverage for contraceptives.

Youngkin’s press secretary, Christian Martinez, told Bloomberg Law last week that the governor “continues to support access to contraception while ensuring the protection of constitutional rights,” and that he was “thoughtfully considering both of these priorities” as he reviewed the right to contraception legislation.

Reproductive health advocates say legislation establishing an explicit right to contraception is necessary in the aftermath of the US Supreme Court’s 2022 decision to overturn Roe v. Wade and the February Alabama Supreme Court ruling recognizing unimplanted human embryos as children.

The national anti-abortion group SBA Pro-Life America had said it opposed the right-to-contraception bill in Virginia, arguing it “fails to protect the conscience rights of healthcare professionals and private hospitals who object to the morning-after or week-after pills.

“Any Virginian who values their own freedom and respects their neighbors’ right to live their conscience should be very concerned with this legislation,” Caitlin Connors, southern regional director for SBA, said in an emailed statement.

Drug Pricing Bills

Youngkin Monday also took action on two major bills aiming to rein in prescription drug costs. The governor approved legislation (SB 186) that would direct the state’s secretary of health and human resources to convene a work group to investigate wholesale prescription drug importation programs. Many states have renewed their interest in these programs after the FDA issued a decision in January allowing Florida to move forward with its plans, marking the first time the federal agency has authorized a state to import prescription drugs in bulk from another country.

But Youngkin on Monday vetoed a proposal (SB 274) to establish a state prescription drug affordability board with the authority to set upper payment limits on what health plans pay for certain drugs. The governor said in his veto explanation that while the legislation is “noble in its intent, the proposal carries numerous unintended consequences.”

The proposed authority to the board “would allow medication availability to be determined based solely on cost considerations rather than accounting for the expert opinions of healthcare professionals and the unique medical needs of individual patients,” which could ultimately “limit access to treatments and hinder medical innovation, especially for life-threatening or rare diseases,” Youngkin said.

AARP, which has lobbied in support of PDABs across the US, said in a statement that it was “disappointed,” calling the veto “a step backward to helping many people afford their cost of living—and their cost of staying alive.”

“We hope that members of both parties will listen to the voices of Virginians struggling to pay for their medication and override this veto,” AARP Virginia State Director Jim Dau said.