Michigan Attorney General Dana Nessel has joined 21 attorneys general in filing an amicus brief that challenges the Trump Administration’s 2017 and 2018 regulations, which expanded religious and moral exemptions for employers, allowing them to remove no-cost contraception coverage from employee healthcare plans. The brief urges the United States Court of Appeals for the Third Circuit to uphold a District Court ruling that found these regulations unlawful.
Attorney General Nessel is also part of a separate legal challenge against the rollback of contraceptive mandates by the Trump Administration, a case currently 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.”
The coalition argues in its brief that hundreds of thousands of women could lose access to contraceptive coverage if these regulations remain. They note that more than 80% of women aged 18 to 49 have used some form of contraception in the past year. With average annual costs at $584 per user, individuals could face $73.8 million in additional expenses due to these changes, potentially creating significant barriers to care. The attorneys general also warn that states may be forced to cover increased costs through public programs.
The reduction in access to birth control has become more severe since these rules were first put into place, according to the coalition. Many reproductive health clinics lost funding during the Trump Administration, making it harder for women—especially after new abortion restrictions followed the Supreme Court decision overturning Roe v. Wade—to find necessary services.
The brief further claims that limiting access will worsen existing disparities related to race, gender, and income. People living in so-called “contraceptive deserts”—areas without reasonable access—are often people of color or those with low incomes; about 19 million American women live in such areas.
Attorney General Nessel and her colleagues are asking the court to strike down these federal rules and maintain access to birth control and contraceptive care nationwide.
Nessel was joined by attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Washington D.C., Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia and Washington.
According to the official website of the Michigan Department of Attorney General, Dana Nessel is Michigan’s 54th attorney general. The department works statewide on behalf of residents through efforts such as fighting human trafficking and supporting vulnerable populations. It also focuses on initiatives like drafting policies—including Michigan’s Clean Slate law—and serves as a protector throughout Michigan.
