Michigan AG Challenges Federal Birth Control Rules

Nessel joins coalition arguing regulations undermine no-cost contraceptive coverage

Published on Mar. 6, 2026

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Michigan Attorney General Dana Nessel has joined a coalition of 21 state attorneys general in filing an amicus brief challenging federal regulations that undermined no-cost birth control coverage. The coalition argues the shift in policy could move an estimated $73.8 million in costs onto individuals who rely on contraceptive care, creating significant barriers to accessing safe and effective healthcare.

Why it matters

This case highlights the ongoing legal battles over access to birth control and reproductive healthcare, especially in the wake of the overturning of Roe v. Wade. The coalition argues these regulations disproportionately impact women's health and financial security, while also potentially increasing costs for state-funded programs.

The details

The filing asks the U.S. Court of Appeals for the 3rd Circuit to affirm a lower court ruling that found the 2017 and 2018 federal regulations to be unlawful. The coalition notes that on average, birth control costs approximately $584 per user each year, and that data shows more than 80% of women ages 18 to 49 report having used some form of contraception in the past year.

  • The amicus brief was filed on March 6, 2026.

The players

Dana Nessel

The Attorney General of Michigan who joined the coalition of 21 state attorneys general filing the amicus brief.

U.S. Court of Appeals for the 3rd Circuit

The federal appeals court that will hear the case challenging the 2017 and 2018 federal regulations on no-cost birth control coverage.

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What they’re saying

“Birth control is a critical part of healthcare for women across the country. Unlawful regulations that eliminate no-cost contraception coverage for thousands make it harder for women to protect their health and plan their futures while worsening healthcare deserts. I stand with my colleagues in defending the health and safety of women in our state.”

— Dana Nessel, Attorney General of Michigan (WLNS)

What’s next

The U.S. Court of Appeals for the 3rd Circuit will hear arguments and decide whether to affirm the lower court's ruling that found the federal regulations unlawful.

The takeaway

This case highlights the ongoing legal and political battles over access to reproductive healthcare, including birth control, in the wake of the Supreme Court's overturning of Roe v. Wade. The coalition of state attorneys general is fighting to preserve no-cost contraceptive coverage, arguing it is critical for women's health, financial security, and family planning.