Nessel defends access to birth control and other contraceptive care

Michigan Attorney General Dana Nessel has joined a coalition of 21 attorneys general in filing an amicus brief challenging the first Trump Administration’s 2017 and 2018 regulations undermining the Affordable Care Act’s guarantee of no-cost contraception coverage by employer healthcare plans. The regulations expand religious and moral exemptions to allow employers to strip workers of guaranteed, no-cost coverage for birth control and other contraceptive care and services.

In their brief, Nessel and the coalition urge the United States Court of Appeals for the Third Circuit to affirm the District Court’s ruling that the regulations are unlawful. Nessel joined a parallel challenge to the first Trump Administration’s rollback of the contraceptive mandate and that case remains pending before the First Circuit Court of Appeals.

“Birth control is a critical part of healthcare for women across the country,” said 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.”

In the brief, Nessel and the coalition argue that the regulations threaten contraceptive coverage for hundreds of thousands of women, putting at risk their health and the economic and public health of the states generally. The coalition argues that by limiting access to necessary contraceptive care, the unlawful regulations deepen already prevalent racial, gender, and income disparities.

Nessel and the coalition urge 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 hundreds of thousands of women across the country.   

Joining Nessel in filing this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai?i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Washington.