Democratic AG Coalition Argues that the Affordable Care Act Guarantees Women’s Right to Birth Control, Regardless of Employer’s Religious Views

  • 21 Democratic AGs, led by California AG Xavier Becerra and Massachusetts AG Maura Healey, filed an amicus brief in the U.S. Supreme Court in the consolidated cases of Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania and Donald Trump v. Pennsylvania, Nos. 19-431 and 19-454, respectively, in support of Pennsylvania’s defense of contraceptive coverage and counseling mandated by the Affordable Care Act (“ACA”).
  • In 2017 and 2018, the Trump Administration issued rules that allowed employers to forgo birth control coverage to their employees based on religious or moral objections. Pennsylvania obtained an injunction in the U.S. Court of Appeals for the Third Circuit, which the federal government appealed to the U.S. Supreme Court.
  • In the brief, the AGs argue that the states have an interest in safeguarding the ACA’s contraception coverage requirement because affordable birth control is critical to the health, wellbeing, and economic security of the states’ residents, and that the Trump Administration’s rules are inconsistent with the Women’s Health Amendment to the ACA, which guarantees women full and equal access to health care.