Attorney General Bonta Opposes Republican Push to Condition Extension of ACA Subsidies on Additional Abortion Restrictions

OAKLAND - California Attorney General Rob Bonta today joined a coalition of 21 attorneys general in sending a letter to congressional leadership urging them not to condition the extension of Enhanced Premium Tax Credits (tax credits) that are part of the Affordable Care Act (ACA) on additional abortion restrictions. Recent reports indicate that Republican members of Congress are attempting to tie their support for extending the tax credits to a ban on abortion coverage in all state ACA insurance plans. In the letter, Attorney General Bonta and the coalition argue that such a proposal would violate state sovereignty and put residents' access to critical healthcare at risk. The tax credits, designed to help alleviate the high cost of healthcare, are set to expire at the end of the year. If these credits are not extended, millions of families will face skyrocketing healthcare costs in the new year.

"The Republican attacks on reproductive healthcare show no signs of stopping. According to recent reports, Congressional Republicans are only willing to extend the ACA subsidies in exchange for harsher abortion restrictions. My fellow attorneys general and I are strongly opposed to such a deal, which would infringe on state sovereignty. Sixty-three percent of voters also agree that abortion access should be legal in all or most situations," said Attorney General Bonta. "By now, it should be clear as day that Congressional Republicans do not seriously care about addressing Trump's affordability crisis. With only weeks until the ACA subsidies expire, the countdown is on - and the Republican Party will be to blame if healthcare premiums soar."

The ACA was crafted with state sovereignty at its core, allowing for flexibility and innovation across states, including when it comes to abortion. All of the coalition states have chosen to mandate or allow for coverage of important services like abortion as part of their commitment to providing access to high-quality and affordable healthcare. A prohibition on such coverage would affect hundreds of thousands of women of reproductive age who are on marketplace plans in their states. Some state constitutions - including California's - guarantee access to abortion services.

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 prohibits using federal premium tax credits from funding any abortion services, with limited exceptions for when the life of the woman is in danger or in cases of rape or incest. States with insurance plans that offer coverage for abortion services charge enrollees a separate fee to cover costs, and the total amount collected also exceeds the cost of abortion services in the states each year.

An estimated 1 in 4 women will have an abortion in their lifetime, and these services are often lifesaving. Research shows states that restricted abortion access following the overturning of Roe v. Wade have experienced a sharp rise in sepsis, infant death, and pregnancy-associated deaths. States have a right to protect the health and safety of their residents and prohibiting coverage of these crucial services will be life-threatening.

This proposal is the latest attempt by the federal government to restrict access to lifesaving reproductive healthcare, and the coalition argues it is yet another attempt to implement a back-door federal abortion ban. It follows the Trump Administration's effort to defund Planned Parenthood, which Attorney General Bonta and 23 attorneys general filed a lawsuit to prevent in July, and just last week, secured a preliminary injunction blocking the Administration's actions while the case continues. The proposal also comes after the Trump Administration proposed a rule, which Attorney General Bonta led opposition to, to restrict access to abortion services for veterans and their families by banning abortion at all Veterans Affairs medical centers and eliminating exceptions for rape, incest, and the life of a pregnant veteran.

Joining Attorney General Bonta in sending today's letter are the attorneys general of Arizona, Colorado, Connecticut, District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, and Washington.