While some Republican presidential hopefuls are pushing for a nationwide abortion ban, and others are struggling to define their stance on the issue, some House GOP lawmakers are seeking to expand access to contraception.

Abortion rights have been a hotly debated topic in Washington since last summer's Supreme Court ruling that overturned Roe v. Wade, the landmark decision that guaranteed a right to the procedure. Democrats have been pushing for a vote in Congress to codify the right to an abortion through legislation, as well as for greater access to contraception.

When federal health officials announced last week the approval the country’s first over-the-counter oral contraception in the country’s history last week, Democrats applauded the move. Surprisingly, so did some Republicans. 

A group of Republican women last week introduced the Orally Taken Contraception (OTC) Act of 2023, which would require the Food and Drug Administration to provide guidance to manufacturers on how to submit successful over-the-counter applications for oral contraceptives in an effort to to increase accessibility and affordability of the medication.

“Now more than ever, Congress must work to clarify guidelines and ensure a competitive oral contraceptive market that provides more options and lowers costs. This bill does exactly that,” California Rep. Young Kim in a release announcing the bill. “The OTC Act aims to expand access to safe over-the-counter (OTC) oral contraception by ensuring the FDA follows clear guidelines for approving oral applications, offering streamlined guidance to manufacturers hoping to get an application approved, and simplifying approved contraception labeling to boost consumer awareness and minimize product misuse.”

Kim, a sophomore Republican legislator, has branded herself as a champion for women and mothers during her time in Congress. She currently serves as a co-chair for the Maternity Care Caucus, and in her freshman term, she introduced a bill to address maternal mental health and substance use disorders which became law in the Fiscal Year 2023 spending bill

But Kim's reelection opponent last year, Dr. Asif Mahmood, focused his campaign on reproductive rights. Kim, who has voted against measures to protect the right to an abortion, demurred on the topic, telling Spectrum News at the time that while she knew it was an important issue to some constituents, “it is not the center of our campaign or in this election.”

In October 2022, Kim wouldn’t commit to supporting a nationwide abortion ban being pitched by Sen. Lindsey Graham, R-S.C., saying that she respected “the decision that came down from the Supreme Court" to overturn Roe v. Wade.

"I am a pro-lifer," she said. "But I respect the woman whose life is in danger, and there are some exceptions that needs to be made in the case of rape and incest.”

She told the LA Times that she believed “abortion should be largely left to the states.” But less than three months later, Kim returned to Washington and co-sponsored a bill that would ban abortion coverage from any federal health insurance plan sold through a marketplace, which is the only place an individual can buy health insurance coverage and access a federal subsidy. Experts say it would create steep financial barriers to abortion access for the lowest income Americans in search of the procedure.

“The divide between who can access abortion care and who can't has always been about money now it's money and geography. And this is just going to enhance the disparate impact because they're going to be people who can afford to buy private insurance with abortion coverage without subsidies,” said Sonia Suter, a professor of law at The George Washington University. “The people who struggle the most economically are the people most likely to need abortions are going to have an even more difficult time accessing abortions.” 

Currently, any plan sold on the marketplace with abortion coverage included has a $1 per member per month premium paid by the individual or another party to ensure compliance with the Affordable Care Act. It also ensures no federal dollars are being spent to provide an abortion, as dictated by the Hyde amendment. Since it was first enacted over 40 years ago, the amendment has been attached as a temporary rider to the appropriations bill for the Department of Health and Human Services and has been renewed annually by Congress.

The bill, if passed, would directly conflict with at least 8 states with laws on the books requiring abortion coverage in all health insurance plans sold in their states, such as New York and California, which is Kim’s home state.

When asked about her about her stance on reproductive health care, namely her decision to support both expanded access to contraception and abortion restrictions at the same time, Kim reiterated her opposition to abortion, with some exceptions.

“I am pro-life with exceptions in cases of rape, incest, and when the life of the mother is at risk," Kim said, adding that the bill "simply says taxpayer funding cannot be used for abortion services, and it also provides exemptions in cases of rape, incest, and when the life of the mother is at risk."

"This codifies the Hyde Amendment, which has historically been bipartisan,” she added. “As a mother and grandmother – and with daughters having children of their own – supporting women, moms, and moms-to-be is extremely important to me. I’m working as Maternity Caucus co-chair to expand access to maternal health care, grow our nurse workforce, and support targeted programs that provide community-based care.”

“The OTC Act aims to expand access to safe over-the-counter oral contraception by ensuring the FDA follows clear guidelines for approving oral applications, offering streamlined guidance to manufacturers hoping to get an application approved, and simplifying approved contraception labeling to boost consumer awareness and minimize product misuse," Kim said. "Access to safe contraception can be essential for women’s health and wellness. As a mother of four – and to three daughters, I understand how important it is for women to have access to safe birth control, and I will work to support women on all levels.”

But Pomona College politics professor Sara Sadhwani says that “Kim is trying to have her cake and eat it too.”

“It's a great tactic for her because when she goes to talk to various voters within this competitive district that she's in, she can say to voters who are very concerned about abortions that she has worked to limit back access to abortions, while at the same time, if she might be talking to a more moderate crowd, or a more progressive crowd within that district, she can also talk about her work to ensure access to contraceptives,” explained Sadhwani. “She's really playing both sides on this issue of women's health.”

A spokesperson for Kim’s office remained adamant that Kim respects the Supreme Court’s decision to leave abortion rights up to the states, and that the two bills have nothing to do with each other.

It’s unclear how Kim’s abortion stance will impact her bid for reelection next year. In the past quarter, she raised over $1 million for her campaign, and she was won reelection in 2022 by more than 39,000. 

‘We'll have to see to what extent voters are aware of these distinctions, and to what extent they're concerned by it. It could be that this is somewhat reflective of some of the sentiments of the more religious voters within her district,” reasoned Sadhwani. “Some of the more conservatives may be okay with contraceptives and not abortion. So perhaps it actually reflects some of those voters, but it could also turn off some who feel like she's really trying to play it on both sides.”