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- The U.S. Supreme Court has not issued any rulings that ban the use of condoms or other contraceptives.
After the Supreme Court overturned Roe v. Wade, which protected the federal right to have an abortion, on June 24, Democrats and reproductive rights advocates raised concerns that the decision could also lead to restrictions around contraceptives.
Some on social media, however, made unfounded claims that it’s already happened.
"Supreme Court just voted to ban condoms," a Sept. 18 Instagram post claimed.
The post was flagged as part of Facebook’s efforts to combat false news and misinformation on its News Feed. (Read more about our partnership with Meta, which owns Facebook and Instagram.)
The Supreme Court’s term begins the first Monday in October and continues throughout the year. The court is typically in recess starting late June or early July until early October, when the new term begins.
While no action has been taken, at least one Supreme Court justice has called for revisiting a past ruling related to contraception.
In a solo opinion for the Dobbs v. Jackson Women’s Health Organization decision, Justice Clarence Thomas wrote that the court should review, among other precedents, the 1965 Griswold v. Connecticut case that established the right for married couples to use contraception. (Single people were granted that right in a separate case in 1972.)
However, in the majority opinion for the case, Justice Samuel Alito stated that "nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion." In the dissenting opinion, Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan lambasted Thomas’ call for reconsideration of past rulings.
An Instagram post claimed the "Supreme Court just voted to ban condoms."
The court has not taken any actions to restrict access to contraception, including condoms.
We rate this claim False.
Instagram post, Sept. 18, 2022
Supreme Court, "The Supreme Court at Work," accessed Sept. 19, 2022
Supreme Court, "Opinions of the Court - 2021," accessed Sept. 19, 2022
Supreme Court, "Dobbs v. Jackson Women’s Health Organization," June 24, 2022
Supreme Court, "Griswold v. Connecticut," June 7, 1965
Oyez, "Supreme Court cases - Abortion and contraceptives," accessed Sept. 19, 2022
United States Courts, "Supreme Court Procedures," accessed Sept. 19, 2022
PolitiFact, "Five things to know now that the Supreme Court has overturned Roe v. Wade," June 27, 2022
STAT News, "Supreme Court decision suggests the legal right to contraception is also under threat," June 24, 2022
Reuters, "U.S. says insurers must still cover birth control after Supreme Court abortion ruling," July 28, 2022
Forbes, "Roe v. Wade reversal: Will it affect access to Plan B and contraception?," Aug. 24, 2022
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