Attorney General Phil Weiser urges Congress to reject unlawful restrictions on reproductive health care in ACA plans

Attorney General Phil Weiser urges Congress to reject unlawful restrictions on reproductive health care in ACA plans

Dec. 8, 2025 (DENVER) - Attorney General Phil Weiser today joined a coalition of 21 states in sending a letter to congressional leadership urging them to reject attempts to derail negotiations around extension of the Enhanced Premium Tax Credits that are part of the Affordable Care Act by tying them to unlawful restrictions on state ACA insurance plans that would prohibit coverage of abortion.

In the letter, the coalition argues that such a proposal would violate state sovereignty, conflict with existing state laws and regulations, and put residents' access to critical health care at risk.

"In Colorado, we believe people should be able to make their own personal health care decisions free from political interference and without being priced out of essential care. Protecting access to reproductive health care, including abortion care, is central to safeguarding individual freedom and the wellbeing of our communities," said Attorney General Weiser. "This latest effort to tie ACA tax credits to abortion restrictions is an unacceptable attempt to override state laws and the individual rights of our residents. We will continue to fight for the health, dignity, and autonomy of every Coloradan."

The ACA's tax credits, designed to help alleviate the high cost of health care for millions of Americans, are set to expire at the end of the year. If these credits are not extended, millions of families will face skyrocketing health care costs in the new year. Recent reporting on the negotiations to extend the tax credits indicate that some members of Congress are attempting to condition their support for extension on a stipulation that prohibits all ACA insurance plans that receive the federal tax credits from providing coverage for abortion services.

All the coalition states allow for abortion coverage in their state ACA insurance plans. A prohibition on such coverage would increase barriers to care and make health insurance significantly more expensive by eliminating the ability to use tax credits for plans that include comprehensive reproductive care.

As part of their argument to roll back access to reproductive care, Republicans falsely claim that federal dollars are being used to pay for abortion services. Existing law explicitly prevents federal dollars from being used for these purposes, and states with private insurance plans that offer abortion coverage require enrollees to pay a separate fee to cover costs.

In their letter, the coalition argues that states must be able to continue exercising their independence in developing health care policy that directly impacts their residents, consistent with the structure of the ACA and states' sovereign authority in health care regulation.

Joining Attorney General Weiser in sending this letter are the attorneys general of Arizona, California, Connecticut, the District of Columbia, Hawaiʻi, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington.

Read the letter to Congress (PDF).

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