Ever since the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women’s Health Organization, progressive commentators have worried about whether the right to contraception will be in jeopardy next. Republicans largely dismiss these arguments as political fearmongering: There is no mass movement against contraception equivalent to the anti-abortion movement, they argue, and Republicans in some states have actually pushed expanded access to contraception.

But the concerns about birth control’s fate don’t seem so far-fetched anymore. Last week, the 5th Circuit Court of Appeals handed a major victory to Jonathan Mitchell, the former Texas solicitor general who has masterminded many of the key post-Dobbs anti-abortion strategies, in a case on birth control that offers a chilling sign of things to come. As I write with Naomi Cahn and Maxine Eichner in an article forthcoming in the Michigan Law Review, conservatives have used arguments about parental rights to attack actions pertaining to school programs on race, sexuality, and gender identity—and to limit travel for abortion. Now, Mitchell is hoping to use a similar strategy to start undermining access to contraception.

The case involves Alexander Deanda, a conservative Christian father angry that the Title X family planning program theoretically allowed his three daughters to confidentially access contraceptive services before turning 18. Since it passed in 1970, Title X has ensured all patients, including minors, access to confidential care, recognizing that this guarantee........

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