New York City Joins Nationwide Coalition of 32 Cities and Counties in Signing U.S. Supreme Court Amicus Brief to Maintain Access to Contraceptive Care

April 8, 2020

Brief submitted in case challenging Trump Administration rules creating broad exemptions for employers based on religious and moral objections

The City of New York filed an amicus brief urging the U.S. Supreme Court to strike down two Trump Administration rules that would permit employers to refuse to provide contraceptive coverage to their employees and plan beneficiaries. Led by the Cities of Oakland and St. Paul, the brief was joined by 32 cities and counties from across the country.
 
The Supreme Court is reviewing a lower court decision that invalidated two rules initially issued in October 2017 and finalized in November 2018 creating both religious and moral exemptions to the contraceptive mandate of the Affordable Care Act. Under the ACA, employer-sponsored insurance plans -- which provide the majority of private insurance coverage in the country -- must cover all FDA-approved contraception at no cost to plan beneficiaries.
 
Corporation Counsel James E. Johnson said: “New York City supports the right of women to have full access to contraceptive services as essential to preventative healthcare. Stripping women of their right to obtain contraceptive care coverage through their private employers is unlawful and will have a devastating impact on our communities. As detailed in our brief, many women will forego contraceptive care or be forced to obtain less effective types of contraception leading to unintended pregnancies. Many women will turn to our overburdened and financially strapped public health systems, which is particularly concerning given the ongoing COVID-19 pandemic. We simply cannot afford the human and financial costs these rules will have on our cities.” 
 
The brief was filed in two consolidated cases before the U.S. Supreme Court: Little Sisters of the Poor v. Pennsylvania and Trump v. Pennsylvania. Both arise out of the same underlying litigation brought by the attorneys general of Pennsylvania and New Jersey. In that lawsuit, the plaintiff states obtained a nationwide injunction.
 
Public Rights Project served as counsel of record for the brief, which was co-written by attorneys in the Oakland City Attorney’s Office, with assistance from the San Francisco Affirmative Litigation Project at Yale Law School. In addition to the lead cities of Oakland and St. Paul, the following cities and counties signed the brief:
 
●        City of Alameda, California
●        Alameda County, California
●        City of Albuquerque, New Mexico
●        City of Austin, Texas
●        City of Baltimore, Maryland
●        City of Boulder, Colorado
●        City of Chicago, Illinois
●        City of Cincinnati, Ohio
●        City of Columbus, Ohio
●        Cook County, Illinois
●        City of Dayton, Ohio
●        City of Holyoke, Massachusetts
●        City of Houston, Texas
●        King County, Washington
●        City of Madison, Wisconsin
●        Marin County, California
●        Milwaukee County, Wisconsin
●        Monterey County, California
●        City of New York, New York
●        City of Philadelphia, Pennsylvania
●        City of Pittsburgh, Pennsylvania
●        City of Providence, Rhode Island
●        City & County of San Francisco,  California
●        Santa Clara County, California
●        City of Seattle, Washington
●        Shelby County, Tennessee
●        City of Somerville, Massachusetts
●        City of Stockton, California
●        Travis County, Texas
●        City of West Hollywood, California