Attorney General Phil Weiser defends affordable access to contraception

Attorney General Phil Weiser defends affordable access to contraception

March 4, 2026 (DENVER) - Attorney General Phil Weiser today joined a coalition of 22 attorneys general in filing an amicus brief urging the U.S. Court of Appeals for the Third Circuit to affirm a lower court decision striking down regulations issued during the first Trump administration that undermined the Affordable Care Act's guarantee of no-cost contraceptive coverage.

The 2017 and 2018 regulations expanded religious and moral exemptions in ways that allow employers to deny workers coverage for birth control and other contraceptive care otherwise guaranteed under federal law. Colorado also challenged the regulations in federal court in 2019.

"Access to birth control is essential health care," said Attorney General Weiser. "The Affordable Care Act guarantees that people can make personal health decisions without unnecessary financial barriers. These unlawful regulations undermine that guarantee and would shift significant costs onto Coloradans who rely on contraceptive care. No one should lose coverage because of federal overreach. I will continue fighting to protect their freedom to make their own health care decisions and to ensure the law is upheld."

In the brief, the coalition argues that the regulations threaten contraceptive coverage for hundreds of thousands of women nationwide. More than 80 percent of women ages 18 to 49 report having used some form of contraception in the past year. With contraception costing an average of $584 per user annually, the regulations could shift an estimated $73.8 million in costs to individuals, creating financial barriers to preventive care.

The coalition also explains that states, like Colorado, would bear additional costs as residents seek replacement coverage through state-funded programs. Those increased expenditures would strain public resources and undermine state efforts to promote public health.

The brief further argues that limiting access to contraceptive care would worsen existing disparities. Individuals with low incomes and communities of color are disproportionately likely to live in areas with limited access to the full range of contraceptive services. Allowing the regulations to stand would deepen those inequities and reduce access to preventive care.

Attorney General Weiser and the coalition urge the Third Circuit to affirm the district court's judgment and protect access to no-cost contraceptive coverage as guaranteed under federal law.

Joining Attorney General Weiser in filing the brief are the attorneys general of Arizona, California, 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.

Read the amicus brief (PDF).

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