From Griswold to Today: Protecting the Right to Emergency Contraception

June 7 marks the 60-year anniversary of the U.S. Supreme Court’s landmark Griswold v. Connecticut decision that affirmed the constitutional right of married couples to access contraception—a foundational step in the movement toward reproductive autonomy.

Decades later, we are still working to achieve reproductive justice and autonomy and to ensure that every person has timely, safe, and confidential access to contraceptive care. One critical, often misunderstood component of that care is emergency contraception (EC).

As a double board-certified OB/GYN and Complex Family Planning subspecialist, this anniversary is a timely opportunity for me to to underscore why emergency contraception is both essential and safe—and why it must remain accessible to all who need it. 

ec

What Is Emergency Contraception?

Emergency contraception refers to methods used to prevent pregnancy after unprotected sex or contraceptive failure. There are three primary forms:

1. Levonorgestrel pills (e.g., Plan B One-Step) – Available over the counter, this can be taken up to 72 hours after intercourse. 

2. Ulipristal acetate (ella) – Prescription-only, more effective than Plan B, especially for people with higher body weight or when taken later (up to 5 days).

3. IUDs (Copper, i.e. Paragard and levonorgestrel, i.e. Mirena) – The most effective method of EC, which can be inserted within 5 days of unprotected intercourse and provides ongoing contraception.

Why Emergency Contraception Matters
Emergency contraception is not just a backup plan—it’s a safeguard for reproductive autonomy. It matters because:

  • Life is unpredictable. Condoms break. Pills are missed. Sexual assault occurs. EC allows for these real-life instances to occur and for those who do not wish to be pregnant to prevent pregnancy from occurring. 
  • Access to regular contraception isn’t universal. Barriers like cost, clinic closures, stigma, or restrictive laws can leave people vulnerable.
  • Rights are at risk. As we navigate a post-Dobbs era and continue to see threats to reproductive rights escalate, protecting every form of contraception—including EC—is vital.

Let’s be clear: emergency contraception is not abortion. These methods prevent pregnancy from occurring in the first place, usually by delaying ovulation. They do not affect an existing pregnancy and have no impact on implantation or miscarriage.

Is Emergency Contraception Safe?

Yes! Emergency contraceptive pills have been rigorously studied and are supported by decades of data. They are:

  • Safe for almost everyone to use, including adolescents. The Centers for Disease Control and Prevention’s US Medical Eligibility Criteria for Contraceptive Use include no conditions in which the risks of emergency contraception use outweigh the benefits.
  • Non-habit forming, with no evidence of long-term effects on future fertility.
  • Numerous studies have shown that making EC more widely available does not encourage risky sexual behavior or increase the risk of unintended pregnancy.
  • Widely recommended by major medical organizations including the American College of Obstetricians and Gynecologists (ACOG) and the World Health Organization (WHO).

Access Is a Right, Not a Privilege

On this anniversary of Griswold v. Connecticut, we remember that reproductive freedom is deeply rooted in the right to privacy and autonomy. But rights without access are hollow.

What can we do?

  • Stock emergency contraception ahead of time, just like you would a first-aid kit.
  • Advocate for over-the-counter availability of ulipristal acetate, and for universal access to IUDs.
  • Educate others—combat misinformation with facts, not fear.
  • Support local and national organizations fighting for reproductive health equity.

The spirit of Griswold was about dignity and decision-making. Emergency contraception is part of that continuum. It gives people the power to pause, to protect, and to decide their path on their terms.

Let us not treat it as a last resort or a political battleground—but as what it truly is: essential health care.

Written by Jenna Beckham, MD, MSPH, FACOG, a practicing OB/GYN and Board Chair of Pro-Choice North Carolina Foundation.

Recent Posts