On Dobbs Anniversary, Reps. Pettersen Introduces Resolution to Stop Government Surveillance of Reproductive Health Care Medication

WASHINGTON - Today, on the anniversary of the Dobbs v. Jackson Women's Health Organization decision, U.S. Representative Brittany Pettersen (CO-07) introduced a resolution to prohibit the government from surveilling water systems, including groundwater, surface water, wastewater, or drinking water, to monitor essential medications used in Americans' reproductive health care. The resolution comes amid growing concerns that anti-abortion lawmakers and federal officials are exploring ways to use public health infrastructure to track reproductive health care decisions.

Recent reports revealed that Environmental Protection Agency (EPA) officials discussed developing methods to detect abortion medication in wastewater systems. Soon after, Texas lawmakers introduced legislation that would require wastewater facilities to test for mifepristone - the medication commonly used in abortion and miscarriage care - as well as ingredients found in certain forms of contraception.

This resolution comes on the 4th anniversary of the Supreme Court's decision in Dobbs v. Jackson, which held that access to abortion and reproductive care is not protected under the constitutional right to privacy. After this decision, many states across the country began to pass extreme measures to ban reproductive care such as abortion, abortion pills, birth control, and IVF. States that have outlawed access to abortion have also taken steps to track the movements of potential patients in and across state lines, which raises concerns on what additional surveillance tools may be utilized to identify the use of reproductive health care.

Pettersen's resolution makes clear that tools designed to protect public health should never be weaponized to surveil Americans seeking legal health care or to target patients, providers, and communities based on deeply personal medical decisions.

"The idea that government agencies could use public health surveillance tools to monitor deeply personal medical decisions is a disturbing draconian tactic that is alarming and something that we should all be terrified of," said Pettersen. "People should be able to make decisions about their reproductive health care without the government interfering. This resolution affirms that tools designed to protect public health cannot be weaponized to control women's health care decisions."

Resolution text is available HERE.

This resolution has been endorsed by Planned Parenthood.

Background:

Wastewater surveillance became an important public health tool during the COVID-19 pandemic, helping communities identify disease outbreaks and protect public health. However, experts have warned that the same technology could be weaponized to monitor the use of medications used in abortion care.

Rep. Pettersen has also consistently supported access to reproductive health care. As states across the country have adopted restrictive measures on abortion, reproductive care, and gender affirming care, Rep. Pettersen joined an amicus brief before the Supreme Court to defend access to mifepristone, an abortion pill that is FDA approved.

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