California, Other States Seek to Stop New Rules that Limit Access to Free Contraception

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On December 21 last year, California obtained a preliminary injunction blocking the implementation of the interim final rules. Last week, the U.S. Court of Appeals for the Ninth Circuit upheld the decision of the lower court.

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States arguments against the Contraception Exemption Rules

The Attorneys General of Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, New York, North Carolina, Rhode Island, Vermont, Virginia, Washington State and the District of Columbia joined Becerra in asking the court for preliminary injunction.

In their motion, the States argued that the Contraception Exemption Rules violate the Administrative Procedure Act. It also breaches the Women’s Health Amendment and other provisions of the ACA.  The rules are arbitrary and capricious and will “cause irreparable harm” as the states will “likely face increased costs for providing contraception to their residents.

“A nationwide injunction is necessary to ensure complete relief to the plaintiff States,” as written in the amended complaint and motion filed to the court.