Trump Admin Investigates 13 States Over Abortion Coverage
The Trump administration launched investigations into 13 states requiring health insurance coverage of abortion, claiming these policies violate the Weldon Amendment, a federal provision that protects health entities from being forced to cover or refer for abortion services. The targeted states are California, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont, and Washington, with all but Vermont led by Democratic governors. The administration reinterpreted the Weldon Amendment to apply to employers and health plan sponsors, a position the Biden administration rejected.
Paula M. Stannard, director of the HHS civil rights office, stated the investigations aim to address states’ “alleged disregard of, or confusion about, compliance with the Weldon Amendment,” asserting that health care entities are protected from state discrimination for refusing abortion coverage based on conscience. The Trump administration sent letters to the states demanding information to support its legal theory that state abortion coverage mandates violate federal law by preventing employers and insurers from opting out.
New Jersey Governor Mikie Sherrill characterized the investigation as “nothing but a fishing expedition wasting taxpayers’ money,” defending her state’s requirement that health insurance plans comply with all applicable laws protecting reproductive freedom. Legal experts note the Weldon Amendment’s text does not explicitly mention employers or plan sponsors among protected health care entities, potentially undermining the administration’s interpretation. Elizabeth Sepper, a law professor at the University of Texas at Austin, identified the investigations as fulfillment of commitments made to the religious right through Project 2025.
The dispute reflects a partisan pattern in interpreting conscience laws. During Trump’s first term in 2020, his administration attempted to withhold federal health care funding from California over Weldon Amendment violations, but the Biden administration reversed that decision upon taking office. The question of whether the amendment applies to employers and plan sponsors has never been definitively resolved in court, leaving the legal interpretation contested.