February, 10 2020, 11:00pm EDT

ACLU, Planned Parenthood, and Consumers Challenge Trump Administration Rule That Threatens Insurance Coverage for Abortion
The rule imposes more than $1 billion in unnecessary costs in an effort to coerce insurance companies to stop offering coverage for abortion, affecting more than 3 million consumers.
WASHINGTON
Planned Parenthood of Maryland, Inc., and several consumers around the country filed a lawsuit today challenging the Trump administration's new rule designed to make insurance companies stop offering coverage for abortion. They are represented by attorneys with the American Civil Liberties Union (ACLU), Planned Parenthood Federation of America, Inc., and Brown Goldstein & Levy, LLP.
In December 2019, the Department of Health and Human Services (HHS) and the U.S. Centers for Medicare and Medicaid Services (CMS) released a new rule that, if implemented, would force insurance companies that sell plans in the Affordable Care Act individual marketplaces to send two separate bills to customers -- one for the coverage of abortion care, and another for coverage of other health care. Insurers will also have to instruct their customers to pay the bills using two checks, two money orders, or two electronic transactions every month.
As the administration acknowledged in finalizing the rule, the extensive administrative burdens will lead to higher premiums for consumers and will cause some insurers to drop insurance coverage for abortion altogether. As the administration also acknowledged, confusion about these new requirements will lead some people to miss payments and risk losing their health insurance coverage entirely.
"If this rule takes effect, I face the terrifying risk of losing not only my insurance coverage for abortion, but my insurance coverage entirely, which would be devastating for me given my pre-existing condition," said Rebecca, a resident of Washington, D.C. and plaintiff in the case. "That's why I'm joining the ACLU and Planned Parenthood to fight back. It is cruel and unacceptable that the Trump administration is interfering in my health care and trying to interfere with how health insurance companies do business, just because they want to make it more difficult for me to access my right to abortion."
"The Trump administration's new insurance rule is another attack on abortion care, designed solely to push safe, legal abortion further out of reach," said Meagan Burrows, staff attorney with the ACLU Reproductive Freedom Project. "And yet again, its actions will have the most devastating effect on already marginalized communities, including low-income people, people with limited English proficiency, and people with disabilities. Abortion is health care, and our government should be making it easier -- not harder -- for people to get the health care they need."
More than 3 million consumers would be affected by the rule's onerous restrictions, including the individual plaintiffs in the lawsuit from Maryland, the District of Columbia, New Jersey, and Maine.The rule would also affect one-third of the individual market exchange plans nationwide, including every individual plan offered on the marketplaces in Maryland. A fact sheet on the impact of the rule can be found here.
"Abortion opponents are waging everything they've got as part of their massive war on our access to health care," said Karen Nelson, President and CEO, Planned Parenthood of Maryland, Inc. "The attacks and deceptions continue, but here's the truth: Abortion care is health care, and it should not be separated, "carved out", or treated differently from any other medical service. We will always fight to eliminate barriers and protect access to safe, legal abortion care and we will continue to provide people with the health care they need."
"This rule exists for one reason: to make it more difficult for people to access safe, legal abortion," said Alexis McGill Johnson, Acting President and CEO, Planned Parenthood Federation of America. "The administration itself admits this rule has no quantifiable benefit -- its sole purpose is to create extra red tape for millions of people across the country. We will not stand for this administration's attempt to shame people and keep them from accessing health care. All people deserve to be able to access abortion in this country, and to have their health insurance cover this safe, legal medical procedure. Planned Parenthood Federation of America is proud to stand with Planned Parenthood of Maryland, the ACLU and these brave individual consumers to fight back against this harmful rule in court. We will never stop fighting for our patients, or for the right of all people to access sexual and reproductive health care, including abortion, without shame or needless hurdles."
The lawsuit was filed in the U.S. District Court for the District of Maryland.
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
House to Take Up GOP Megabill Serving 'Oil Company CEOs, Hedge Fund Donors, and Climate Deniers'
"Senate Republicans advanced the most anti-environment, anti-job, and anti-American bill in history," said one campaigner.
Jul 01, 2025
After U.S. Senate Republicans on Tuesday sent President Donald Trump's so-called "Big Beautiful Bill" back to the House of Representatives, defenders of the planet sounded the alarm on several provisions that remain in the massive budget reconciliation package.
"This is a vote that will live in infamy," said Greenpeace USA deputy climate program director John Noël after Vice President JD Vance broke a tie to advance the legislation. "This bill is what happens when a major political party, in the grips of a personality cult, teams up with oil company CEOs, hedge fund donors, and climate deniers. All you need to do is look at who benefits from actively undercutting the clean energy industry that is creating tens of thousands of jobs across political geographies."
"The megabill isn't about reform—it's about rewarding the superrich and doling out fossil fuel industry handouts, all while dismantling the social safety nets on which millions depend for stability," Noël added. "It is a bet against the future."
Although Sen. Mike Lee's (R-Utah) provision to force the sale of public lands as well as a proposed excise tax on wind and solar projects were removed, other controversial policies survived, including required onshore and offshore fossil fuel lease sales, mandates for timber harvesting, the recision of various Inflation Reduction Act funding, an end to a moratorium on new coal leasing, and attacks on clean energy.
"Make no mistake, while the Senate did not include a punitive new excise tax on wind and solar projects, the bill is still devastating for the clean energy transition," warned Union of Concerned Scientists (UCS) president Gretchen Goldman. "The bill would spike energy costs, threaten energy reliability, and strand hundreds of billions of dollars in clean energy and transportation investments along with the tens of thousands of domestic jobs that come with them. The provisions attacking clean energy and clean transportation are not about the budget, but rather Congress using the budget bill to boost fossil fuels by crushing these booming new industries."
Sierra Club executive director Ben Jealous declared that "today, Senate Republicans advanced the most anti-environment, anti-job, and anti-American bill in history."
"This shortsighted plan will put lives at risk, endanger our growing economy, and raise electricity rates on families and small businesses," he said. "The proposal expands drilling on public lands and in the Arctic, guts cost-cutting clean energy investments and the thousands of stable jobs they've created, and includes massive giveaways to corporate polluters and the very wealthiest Americans."
Jealous celebrated that public outrage led to the federal land sales and excise tax provisions getting axed, but added that "even with those important changes, a terrible bill is still a terrible bill, and this proposal fails the American people in every measure."
Margie Alt, director of the Climate Action Campaign, also highlighted how the legislation—if signed into law—will benefit rich individuals and corporations while causing working-class Americans to lose their jobs and pay higher energy bills.
"The Senate has turned its back on our clean energy future, raising our utility bills while mortgaging our health and environment to deliver massive tax breaks for billionaires," Alt said. She warned of job losses and increased climate pollution, meaning "kids will struggle with asthma and other respiratory problems. And, more people will suffer from devastating extreme weather catastrophes."
Manish Bapna, president of the Natural Resources Defense Council, similarly said that "with spiking power demand and rising bills, we need more clean, affordable American energy, but Senate Republicans just voted to kill jobs and deliver the largest utility bill increase in U.S. history."
"Every senator who voted for this bill chose tax cuts for the wealthiest over the rest of our health, pocketbooks, public lands and waters, and a safe climate," Bapna argued. "This is like Robin Hood in reverse. The very rich will get richer and the rest of us will have to pay the price."
After 27 hours, Republicans passed their Big Ugly Bill—a catastrophic assault on health care, food, and climate.They chose Trump and billionaires over families and our future.This fight isn't over. Now it’s the House’s turn to stop it.We can't agonize—we must organize.
[image or embed]
— Senator Ed Markey (@markey.senate.gov) July 1, 2025 at 1:22 PM
The bill not only "will race us toward climate catastrophe" while giving tax breaks to the wealthy, said Lisa Gilbert, co-president of the watchdog Public Citizen, it also "steals assistance from vulnerable Americans, the bill would supercharge Trump's barbaric mass deportation policy, and throw an extra $150 billion at Pentagon contractors."
"Any member of Congress with a conscience knows that this bill must not become law," she added. "It's time for the House to stand up to President Trump and vote against it."
The GOP-controlled House had already passed a version of the megabill before every Senate Republican but Sens. Susan Collins (Maine), Rand Paul (Ky.), and Thom Tillis (N.C.) advanced the latest edition on Tuesday. Now, the lower chamber's leaders plan to take up the new version in hopes of sending it to Trump's desk by his July 4 deadline.
"House members got it wrong the first time but have another chance now to do their jobs," said Goldman of UCS. "They must reject this bill, voting with their constituents in mind, not simply to avoid the ire of the president."
Keep ReadingShow Less
Judge Slaps Down RFK Jr's Likely 'Unlawful' Mass Layoffs at HHS
"We're not going to let Trump and RFK Jr. dismantle our nation's health systems to promote conspiracy theories and tax breaks for billionaires," said Connecticut Attorney General William Tong.
Jul 01, 2025
A federal judge on Tuesday blocked planned mass layoffs at the Department of Health and Human Services while declaring that the firings were likely unlawful.
Judge Melissa DuBose of the United States District Court for the District of Rhode Island ruled that the Trump administration exceeded its legal authority when it moved to lay off thousands of HHS employees on the grounds that such large-scale firings would leave the agency unable to fulfill its legislatively mandated duties that can only be altered by an act of Congress.
"The executive branch is vested with the power and is imbued with the responsibility to faithfully execute the laws which govern the governance structure of our country," wrote DuBose. "The executive branch does not have the authority to order, organize, or implement wholesale changes to the structure and function of the agencies created by Congress."
DuBose further noted that courts have the power to "set aside" actions taken by federal agencies that are "unlawful," and she argued that the actions taken by HHS under the leadership of Trump-appointed Secretary Robert F. Kennedy Jr. likely flouted the law.
The judge granted a preliminary injunction against the agency and blocked it from carrying out its planned reduction in staffing that it first announced this past March 27. HHS has until July 11 to file a status report affirming compliance with the court's order.
The lawsuit was originally filed by the attorneys general of 19 states plus the District of Columbia, who alleged that the layoffs violated the United States Constitution's separation of powers doctrine, as well as the Constitution's appropriations clause and the Administrative Procedure Act that prohibits agencies from taking "arbitrary and capricious" actions.
Connecticut Attorney General William Tong took a victory lap in the wake of the ruling but cautioned that there was still a long fight ahead to save HHS.
President Donald Trump and Kennedy "are playing dangerous games with the health and safety of American families, and we just stopped them," he said. "Today's order means vital programs and services—including those supporting Head Start, disease monitoring at Centers for Disease Control and Prevention, [Supplemental Nutrition Assistance Program] and Medicaid eligibility, and others—will remain accessible. This is still the beginning of a long fight ahead, but we're not going to let Trump and RFK Jr. dismantle our nation's health systems to promote conspiracy theories and tax breaks for billionaires."
Keep ReadingShow Less
'You Know It's a Terrible Bill': Murkowski Helps GOP Gut Safety Net After 'Bribe' Shields Her State
Sen. Lisa Murkowski was the deciding vote to pass Republicans' massive social safety net cuts through the Senate. She said she didn't like the bill, but voted for it anyway after getting Alaska exempted from some of its worst harms.
Jul 01, 2025
By the thinnest possible margin, the U.S. Senate voted Tuesday to pass a budget that includes the largest cuts to Medicaid and nutrition assistance in U.S. history while giving trillions of dollars of tax cuts to the wealthiest Americans.
The deciding vote was Sen. Lisa Murkowski (R-Alaska), who admitted she didn't like the bill. However, she voted for it regardless after securing relief for her home state from some of its most draconian cuts.
But in an interview immediately afterward, she acknowledged that the rest of the country, where millions are on track to lose their healthcare coverage and food assistance, would not be so lucky.
"Do I like this bill? No," Murkowski told a reporter for MSNBC. "I try to take care of Alaska's interests. I know that in many parts of the country there are Americans that are not going to be advantaged by this bill. I don't like that."
The 887-page bill includes more than $1 trillion in cuts to Medicaid and the Children's Health Insurance Program over the next decade—cuts the Congressional Budget Office (CBO) projects will result in nearly 12 million people losing health coverage. The measure also takes an ax to the Supplemental Nutrition Assistance Program (SNAP)—imperiling food aid for millions.
In recent days, Murkowski—a self-described "Medicaid moderate"—expressed hesitation about signing onto a list of such devastating cuts, calling the vote "agonizing". To get her on board, her Republican colleagues were willing to give her state some shelter from the coming storm.
As David Dayen explained in The American Prospect, Murkowski was able to secure a waiver that exempts Alaska from the newly implemented cost-sharing requirement that will force states to spend more of their budgets on SNAP.
In The New Republic, Robert McCoy described it as a "bribe."
Initially, Republicans attempted to simply write in a carve-out for Alaska and Hawaii. But after this was shot down by the Senate parliamentarian, they tried again with a measure that exempted the 10 states with the highest error rates.
Sen. Amy Klobuchar (D-Minn.) called it "the most absurd example of the hypocrisy of the Republican bill."
"They have now proposed delaying SNAP cuts FOR TWO YEARS ONLY FOR STATES with the highest error rates just to bury their help for Alaska," she said.
Murkowski also got a tax break for Alaskan fishing villages inserted into the bill. She attempted to have Alaska exempted from some Medicaid cuts as well, but the parliamentarian killed the measure.
"Did I get everything that I wanted? Absolutely not," she told reporters outside the Senate chamber.
However, as Dayen wrote, "Murkowski decided that she could live with a bill that takes food and medicine from vulnerable people to fund tax cuts tilted toward the wealthy, as long as it didn't take quite as much food away from Alaskans."
Murkowski showed herself to be well aware of the harms the bill will cause. After voting to pass the bill, she said, "My hope is that the House is gonna look at this and recognize that we're not there yet."
Rep. Pramila Jayapal (D-Wash.) called Murkowski's bargain "selfish," "cruel," and "expensive."
"Voting for the bill because [of] a carve-out for your state is open acknowledgement that people will get kicked off healthcare and will have to go to much more expensive emergency rooms," Jayapal wrote. "Clear you know it's a terrible bill for everyone."
Keep ReadingShow Less
Most Popular