State AGs Defend Contraceptive Access Against Trump Rules

CA Attorney General Press Releases

Filed March 4th, 2026

Detected March 5th, 2026

Summary

California Attorney General Rob Bonta joined a coalition of 22 state attorneys general in filing an amicus brief supporting a lawsuit against Trump Administration regulations that allowed employers to restrict access to no-cost contraception. The brief argues these rules undermine the ACA and could shift millions in costs to individuals.

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What changed

California Attorney General Rob Bonta, leading a coalition of 22 state attorneys general, has filed an amicus brief with the U.S. Court of Appeals for the Third Circuit. The brief supports a lawsuit challenging the Trump Administration's 2017 and 2018 regulations that expanded religious and moral exemptions, allowing employers to deny employees coverage for contraception under the Affordable Care Act. The coalition argues these regulations undermine guaranteed no-cost contraceptive coverage, potentially shifting an estimated $73.8 million in costs annually to individuals and exacerbating existing health disparities.

This action highlights ongoing legal battles over reproductive healthcare access and employer mandates. Regulated entities, particularly employers with healthcare plans, should be aware of the potential for continued legal challenges and policy shifts regarding contraceptive coverage. While this filing is an amicus brief in support of a lawsuit, it signals continued state-level opposition to exemptions that reduce access to essential healthcare services. The outcome of this case could impact employer obligations and employee benefits related to contraception nationwide.

What to do next

Review current employer healthcare plan provisions for contraception coverage.
Monitor legal developments regarding ACA contraceptive mandates and employer exemptions.
Assess potential financial impact of shifts in contraceptive coverage requirements.

Source document (simplified)

Attorney General Bonta Continues to Defend Contraceptive Access from Trump Administration Attacks

Press Release
Attorney General Bonta Continues to Defend Contraceptive Acc… Wednesday, March 4, 2026 Contact: (916) 210-6000, agpressoffice@doj.ca.gov Multistate coalition pushes back on federal rules that allow employers to restrict access to birth control

OAKLAND — California Attorney General Rob Bonta today joined a coalition of 22 attorneys general in filing an amicus brief with the U.S. Court of Appeals for the Third Circuit in support of a lawsuit filed by Pennsylvania and New Jersey concerning reproductive rights. Specifically, the brief backs the two states in opposing the first Trump Administration’s 2017 and 2018 regulations that undermine the Affordable Care Act’s (ACA) guarantee of no-cost contraception coverage by employer healthcare plans. The regulations expand religious exemptions and create moral exemptions that allow employers to strip workers of guaranteed, no-cost coverage for birth control and other contraceptive care and services. California led a parallel challenge to the first Trump Administration’s rollback of the contraceptive mandate and that case remains pending before the U.S. District Court for the Northern District of California. The regulations were stayed during the Biden Administration while the U.S. Department of Health and Human Services considered issuing new rulemaking, which Attorney General Bonta supported.

“Decisions about using birth control should be made by women and their doctors — not dictated by their bosses. California has long embraced that principle, and we have no intention of backing down,” said Attorney General Bonta. “My fellow attorneys general and I are urging the Third Circuit to affirm the lower court’s decision that struck down the Trump Administration’s unlawful regulations.”

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 healthcare.

In the brief, Attorney General Bonta 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.
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.
The 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.
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 healthcare. Joining Attorney General Bonta in filing this brief are the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Virginia, and Washington.