LANSING – Michigan Attorney General Dana Nessel joined 21 attorneys general in filing an amicus brief challenging the first Trump administration’s 2017 and 2018 rules that weakened the Affordable Care Act’s guarantee of no-cost contraception coverage in employer health plans.
The rules expand religious and moral exemptions, allowing employers to drop coverage for birth control and other contraceptive services.
In the brief, Nessel and the coalition ask the U.S. Court of Appeals for the 3rd Circuit to uphold a district court ruling that found the rules unlawful. Nessel also joined a similar challenge to the rollback of the contraceptive mandate that is pending before the 1st Circuit Court of Appeals.
“Birth control is a critical part of health care for women across the country,” Nessel said. “Unlawful rules that eliminate no-cost contraception coverage for thousands make it harder for women to protect their health and plan their futures. I stand with my colleagues in defending the health and safety of women in our state.”
The coalition argues the rules threaten coverage for hundreds of thousands of women. More than 80% of women ages 18 to 49 report using some form of contraception in the past year. With contraception costing an average of $584 per person each year, the rules could shift about $73.8 million in costs to patients who rely on the care.
Access to contraceptive services has declined since the rules took effect, the brief states. Many clinics that once provided reproductive health services have lost funding, reducing care options in some areas.
The coalition also says the rules worsen gaps in access to care. People of color and low-income residents are more likely to live in “contraceptive deserts,” areas with limited access to birth control. An estimated 19 million women in the United States live in those areas.
Nessel and the coalition ask the court to uphold the lower court ruling and protect access to contraception nationwide.
Attorneys general from 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 joined the brief.
