State AGs Challenge Trump Administration Regulations on Contraception Coverage

MA Attorney General Press Releases

Filed March 4th, 2026

Detected March 5th, 2026

Summary

Massachusetts Attorney General Andrea Joy Campbell led a coalition of 22 state attorneys general in filing an amicus brief challenging Trump Administration regulations that expand religious and moral exemptions to no-cost contraception coverage. The brief urges the Third Circuit Court of Appeals to affirm a lower court ruling that the regulations are unlawful, citing potential shifts of $73.8 million in costs to individuals.

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What changed

Massachusetts Attorney General Andrea Joy Campbell, along with 21 other state attorneys general, has filed an amicus brief with the United States Court of Appeals for the Third Circuit challenging the Trump Administration's 2017 and 2018 regulations that undermine the Affordable Care Act's guarantee of no-cost contraception coverage. The regulations allow employers to opt out of providing this coverage based on religious or moral exemptions. The coalition argues that these regulations are unlawful and threaten contraceptive coverage for hundreds of thousands of women, potentially shifting an estimated $73.8 million in costs to individuals annually and imposing significant financial strain on states.

This action is part of an ongoing legal battle to restore guaranteed no-cost contraceptive coverage. The brief supports the District Court's ruling against the regulations and urges the appellate court to affirm it. Regulated entities, particularly employers offering health insurance plans, should be aware of this ongoing litigation and its potential impact on coverage mandates. While this is an amicus brief and not a direct enforcement action against specific entities, it signals continued legal challenges to these exemptions, which could lead to future compliance obligations or changes in coverage requirements if the regulations are ultimately overturned.

What to do next

Monitor litigation challenging Trump Administration regulations on contraception coverage exemptions.
Review employer health plan documents for compliance with ACA mandates regarding contraception coverage.

Source document (simplified)

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Press Release

Press Release AG Campbell Defends Access To Birth Control And Other Contraceptive Care

Trump Administration Regulations Allow Employers to Restrict Access to Birth Control

For immediate release: 3/04/2026
- Office of the Attorney General

Media Contact

Allie Zuliani, Deputy Press Secretary

Phone

Call Allie Zuliani, Deputy Press Secretary at (617) 727-2543

Online

Email Allie Zuliani, Deputy Press Secretary at Allie.Zuliani@mass.gov

Boston — Massachusetts Attorney General Andrea Joy Campbell today led a coalition of 22 attorneys general in filing an amicus brief challenging the first Trump Administration’s 2017 and 2018 regulations undermining the Affordable Care Act’s (ACA) guarantee of no-cost contraception coverage by employer health care 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, AG Campbell 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. Massachusetts led 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.

“Both Trump Administrations have consistently attacked women’s reproductive rights and access to essential health care, in this case by stripping hundreds of thousands of women of guaranteed, no-cost contraceptive coverage,” said AG Campbell. “I will continue to champion reproductive justice and protect the health and wellbeing of our residents.”

In the brief, AG Campbell 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. Today, 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, these unlawful regulations could shift an estimated $73.8 million in costs to individuals who rely on contraceptive care, creating significant barriers to accessing safe, effective health care. The coalition also argues that states will face significant financial strain as they are forced to expend millions of dollars for replacement contraceptive care and services through state-funded programs.

Access to birth control and contraceptive care has been substantially reduced in the years since these regulations were first implemented, and this harm will be exacerbated if the regulations remain in place because of changes in the landscape for reproductive health care. Many clinics that provide reproductive health care services – which would have helped fill the gap these regulations create – have since had their funding decimated by the Trump Administration. Moreover, a wave of cruel abortion restrictions following the overturning of Roe v. Wade has further constrained the options available to women experiencing unintended pregnancies.

The coalition argues that by limiting access to necessary contraceptive care, the unlawful regulations deepen already prevalent racial, gender, and income disparities. People of color and people with low incomes are disproportionately likely to live in “contraceptive deserts,” or areas that lack reasonable access to the full range of contraceptive care. An estimated 19 million American women, including roughly 361,000 women in Massachusetts, live in these deserts and face additional challenges to accessing birth control. The regulations threaten to exacerbate these already significant health disparities and make accessing birth control even more challenging for marginalized communities.

AG Campbell and the coalition urge the Court to affirm the District Court’s judgment striking down the Trump Administration’s regulations and protect access to birth control and contraceptive care for hundreds of thousands of women across the country.

This matter is AG Campbell’s latest effort to expand and protect access to reproductive care, address disparities in maternal health, and tackle misinformation that prevents access to care. In December, AG Campbell sent a letter to congressional leadership urging them to reject unlawful restrictions on reproductive health care. In September 2025, AG Campbell affirmed the safety of and access to mifepristone following concerning and baseless comments from the U.S. Food and Drug Administration (FDA). Earlier that year, AG Campbell filed a multistate Citizen Petition urging the FDA to eliminate unnecessary restrictions on mifepristone. AG Campbell also submitted a letter opposing the Department of Veterans Affairs’ proposed federal rule that would eliminate veterans’ and their families’ access to abortion care. AG Campbell has released updated “Know Your Rights” guidance about abortion care, the Shield Law, and contraception.

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

Media Contact

Allie Zuliani, Deputy Press Secretary

Phone

Call Allie Zuliani, Deputy Press Secretary at (617) 727-2543

Online

Email Allie Zuliani, Deputy Press Secretary at Allie.Zuliani@mass.gov

Office of the Attorney General

The Attorney General is the chief lawyer and law enforcement officer of the Commonwealth of Massachusetts.

Media Contact

Allie Zuliani, Deputy Press Secretary

Phone

Call Allie Zuliani, Deputy Press Secretary at (617) 727-2543

Online

Email Allie Zuliani, Deputy Press Secretary at Allie.Zuliani@mass.gov

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