Monday, 30 September 2024

California Court joins Pennsylvania Court in issuing nationwide injunction on contraceptives case

OAKLAND, Calif. On Thursday, the U.S. District Court for the Northern District of California granted a preliminary injunction in State of California v. Wright, to block the Trump Administration regulations that would allow employers to exclude contraceptive coverage mandated by the Affordable Care Act from their employees' health insurance policies.

The action by a California court follows the nationwide injunction issued in Pennsylvania earlier this month.

Both the Pennsylvania and California rulings were based on the failure of the federal government to comply with the Administrative Procedures Act in promulgating its Interim Final Rule; the Pennsylvania court also based its ruling on the additional grounds of the likelihood of the Commonwealth of Pennsylvania prevailing on its substantive challenge to the Interim Final Rule. The Pennsylvania court found that the regulations "contradict the text of the statute that they purport to interpret."

“The law couldn’t be more clear: a woman, not her boss and certainly not a politician, should decide what’s best for her own healthcare,” said California Attorney General Xavier Becerra. “The Affordable Care Act guarantees that women are not burdened with high costs for seeking basic healthcare, including birth control. This court ruling serves as yet another reminder to the Trump Administration: the rule of law applies to everyone, no matter who you are or how high your rank. In concert with last week's injunction in Pennsylvania, today's ruling amounts to a one-two punch against the Trump Administration's unlawful overreach. Having said this, our work will not end until women are guaranteed the healthcare they deserve.”

California Insurance Commissioner Dave Jones submitted a declaration in this case, providing evidence demonstrating that women would be harmed if the Trump rule denying women access to contraceptives is permitted to remain in effect.

"Thanks to the Affordable Care Act, health insurance policies must cover contraceptives. Tens of millions of women across the nation benefit from the ACA provision that requires health insurance coverage of contraceptives without any copays or deductibles. Courts in Pennsylvania and now California have put in place injunctions to block regulations that would otherwise permit employers to interfere with women's right to access to contraceptives,” said Jones.

Jones said that before the ACA was in effect, he spoke to women who could not always afford to fill their prescriptions for contraceptives.

“President Trump's regulations would prevent some women from being able to make fundamental decisions about reproductive health care for themselves. Trump's rule, if allowed to stand, would deprive women of their rights and access to basic health care services, while increasing the number of unintended pregnancies and abortions. Women will suffer serious and irreparable harm if these rules are in place and we will continue to do everything in our power to prevent that from occurring,” Jones said.

California was joined in this lawsuit by the states of Delaware, Maryland, New York and the Commonwealth of Virginia.

Last Friday, Pennsylvania obtained a preliminary injunction in a similar case, Commonwealth of Pennsylvania, v. Trump, et al., U.S. Dist. Court, Eastern District of Pennsylvania, Case no. 17-4540.

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