Equal Access to Abortion Coverage in Health Insurance Act of 2025; EACH Act of 2025
Summary
The Equal Access to Abortion Coverage in Health Insurance Act of 2025 (EACH Act) aims to ensure affordable abortion coverage and care for every person by eliminating restrictions on abortion funding in federal health programs and private insurance. It seeks to repeal Section 1303 of the Patient Protection and Affordable Care Act, which allows states to restrict abortion coverage. The bill intends to ensure that all individuals, regardless of income or insurance source, have access to abortion services.
It addresses findings related to the impact of the Dobbs v. Jackson Women's Health Organization decision and the existing bans on federal funding for abortion services. The bill also highlights the disproportionate impact of these restrictions on women of color, low-income individuals, and LGBTQ+ individuals.
The Act asserts Congress's authority to enact this legislation under various clauses of the Constitution, including the Necessary and Proper Clause, the Commerce Clause, the Taxing and Spending Clause, and Section 5 of the Fourteenth Amendment.
Expected Effects
If enacted, the EACH Act would mandate abortion coverage in all federal health programs, including Medicaid, Medicare, and the Indian Health Service. It would also prohibit restrictions on private insurance coverage of abortion services. This would likely lead to increased access to abortion services for individuals who are currently unable to afford them or who are enrolled in plans that do not cover such services.
Furthermore, the Act's implementation would standardize abortion coverage across the nation, overriding state laws that restrict or prohibit such coverage. This could result in legal challenges and varying degrees of acceptance across different states.
Potential Benefits
- Increased access to abortion services for low-income individuals and women of color.
- Elimination of financial barriers to abortion care, allowing individuals to make decisions based on their needs and circumstances.
- Reduction in the number of unintended pregnancies carried to term due to lack of funds.
- Improved health outcomes for individuals who are able to access timely abortion care.
- Greater equity in healthcare access, regardless of income or insurance status.
Potential Disadvantages
- Potential strain on federal and state budgets due to increased demand for abortion services.
- Concerns from religious organizations and individuals who oppose abortion on moral grounds.
- Possible legal challenges from states seeking to uphold existing restrictions on abortion coverage.
- Increased political polarization and division over the issue of abortion.
- Potential for conscience-based objections from healthcare providers and institutions.
Most Disadvantaged Areas:
Constitutional Alignment
The EACH Act relies on several constitutional justifications. It cites the Necessary and Proper Clause (Article I, Section 8), the Commerce Clause (Article I, Section 8), the Taxing and Spending Clause (Article I, Section 8), and Section 5 of the Fourteenth Amendment. The Commerce Clause is invoked due to the interstate nature of healthcare and insurance markets.
The Taxing and Spending Clause is used to justify federal funding of abortion services to promote the general welfare. Section 5 of the Fourteenth Amendment is cited to enforce equal protection under the law, arguing that restrictions on abortion access disproportionately affect certain groups.
However, the Act's alignment with the Constitution is subject to debate, particularly concerning the extent of federal power over healthcare and the interpretation of the Fourteenth Amendment in relation to abortion rights, especially in light of the Dobbs decision.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).