Nessel Leads Coalition Defending Access to Contraception
LANSING – Michigan Attorney General Dana Nessel has joined a coalition of 21 attorneys general in filing an amicus brief challenging regulations issued during the Trump administration in 2017 and 2018 that undermine the Affordable Care Act’s (ACA) guarantee of no-cost contraceptive coverage through employer health plans. The regulations expanded religious and moral exemptions, allowing some employers to opt out of providing insurance coverage for birth control and other contraceptive services.
The Challenge to Contraceptive Coverage
The coalition’s amicus brief urges the United States Court of Appeals for the Third Circuit to uphold a district court ruling that found the regulations unlawful. Attorney General Nessel also joined a parallel challenge to the Trump Administration’s rollback of the contraceptive mandate, a case that remains pending before the First Circuit Court of Appeals.
“Birth control is a critical part of healthcare for women across the country,” said Attorney General Nessel. “Unlawful regulations that eliminate no-cost contraception coverage for thousands make it harder for women to protect their health and plan their futures while worsening healthcare deserts. I stand with my colleagues in defending the health and safety of women in our state.”
Impact of the Regulations
The regulations threaten contraceptive coverage for hundreds of thousands of women, potentially jeopardizing their health and the economic well-being of states. More than 80% of women ages 18 to 49 report having used some form of contraception in the past 12 months. With contraception costing an average of $584 per user per year, the regulations could shift an estimated $73.8 million in costs to individuals, creating barriers to accessing care.
The coalition argues that states could face significant financial strain if they are forced to cover the cost of replacement contraceptive services through state-funded programs. Access to birth control and contraceptive care has been substantially reduced since the regulations were first implemented, a situation exacerbated by funding cuts to reproductive healthcare clinics and the restrictions on abortion access following the overturning of Roe v. Wade.
Disparities in Access
The regulations are expected to deepen existing racial, gender, and income disparities in access to healthcare. An estimated 19 million American women live in “contraceptive deserts,” areas with limited access to the full range of contraceptive care. People of color and those with low incomes are disproportionately affected by these deserts, and the regulations threaten to exacerbate these challenges.
Coalition Members
Joining Attorney General Nessel in filing the brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Washington.
The coalition urges the Court to affirm the District Court’s judgment striking down the Trump Administration’s regulations and protecting access to birth control and contraceptive care for women nationwide.