The House of Representatives approved legislation guaranteeing access to contraception nationwide Thursday, nearly one month after Supreme Court Justice Clarence Thomas indicated support for reversing a key precedent prohibiting restrictions on birth control.

The Right to Contraception Act passed 228-195 with eight Republicans joining all Democrats voting in favor of the bill.

The GOPers who backed the legislation were Reps. Liz Cheney of Wyoming, Brian Fitzpatrick of Pennsylvania, Anthony Gonzalez of Ohio, John Katko of New York, Adam Kinzinger of Illinois, Nancy Mace of South Carolina, Maria Elvira Salazar of Florida and Fred Upton of Michigan. 

Reps. Bob Gibbs (R-Ohio) and Mike Kelly (R-Pa.) opted to vote “present” while six other Republican lawmakers did not vote. 

The bill would codify the right to obtain contraceptives, defined as “any device or medication used to prevent pregnancy,” in federal law. Listed examples include oral contraceptives, injections, implants like intrauterine devices and emergency contraceptives, which prevent pregnancy several days after unprotected sex.

The bill also lets federal and state governments, patients and health care providers bring civil suits against states or state officials that attempt to restrict birth control access.

The legislation faces an uphill battle to pass the 50-50 Senate, where at least 10 GOP votes would be needed to advance the bill.

The legislation was introduced by Reps. Kathy Manning (D-NC), Nikema WIlliams (D-Ga.), Sara Jacobs (D-Calif.) and Angie Craig (D-Minn.) in response to Thomas’ concurrence in Dobbs v. Jackson Women’s Health Organization. 

The court’s June 24 decision, which overturned Roe v. Wade and handed the issue of abortion back to the states, led to concern that the justices would consider overruling other rights based on the theory of “substantive due process” — meaning they are not specifically established in the Constitution.

“In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” the 74-year-old justice wrote.

Thomas was referring to a 1965 ruling, Griswold v. Connecticut, that allows married couples to access birth control. He was also referencing a 2003 ruling, Lawrence v. Texas, that forbids states from outlawing consensual gay sex, and Obergefell v. Hodges, a 2015 decision that established a constitutional right to same-sex marriage.

Thomas did not specify a 1972 decision that legalized the use of contraceptives by unmarried people as well, but Democrats say they consider that at risk as well.

Republicans who opposed the bill argued its passage would lead to more abortions, allow the use of drugs not yet fully approved by the Food and Drug Administration and force health care providers to offer contraceptives, even if that contradicted their religious beliefs.

Earlier this week, the House passed legislation safeguarding same-sex and interracial marriage by a 267-157 vote. Some Senate Republicans have expressed support for approving that bill and removing a potential Democratic campaign issue in this year’s midterm elections.

With Post wires