States warn GOP could restrict insurance abortion coverage

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(The Center Square) – A multi-state coalition sent a letter this week to congressional leaders, urging them to continue tax credits for Affordable Care Act insurance plans that cover abortions.

Phil Weiser of Colorado was one of the Democratic attorneys general from 21 jurisdictions to sign the letter, which argued that restricting abortion coverage is “dangerous.” The letter is addressed to House Speaker Mike Johnson, House Minority Leader Hakeem Jeffries, Senate Majority Leader John Thune and Senate Minority Leader Chuck Schumer.

“This latest effort to tie ACA tax credits to abortion restrictions is an unacceptable attempt to override state laws and the individual rights of our residents,” Weiser said. “We will continue to fight for the health, dignity and autonomy of every Coloradan.”

The issue rests with the Enhanced Premium Tax Credits, which are part of the Affordable Care Act, commonly known as Obamacare. These credits are set to expire at the end of the year and are the focus of ongoing negotiations between Republican and Democratic lawmakers.

As a part of those negotiations, Republicans are considering restricting that abortions be covered by any “marketplace plans.” Those plans, though sold by private insurers, are often somewhat taxpayer-subsidized by these federal tax credits or state funding.

Pro-life advocates are siding with Republicans, saying the letter shows that Democrats are “getting desperate.” Jamie Dangers, director of federal affairs at Susan B. Anthony Pro-Life America, told this to The Center Square in an exclusive interview.

“Obamacare was the largest expansion of taxpayer-funded abortion on demand since Roe v. Wade,” she said. “It was intentionally crafted to circumvent the Hyde Amendment’s pro-life protections.”

The Hyde Amendment is a federal policy, first enacted in 1976, that prohibits the use of federal funds to pay for most abortions.

“The default position of the federal government since the 1970s is that we should not fund abortion or abortion coverage with federal tax dollars,” Dangers said.

All of the states that signed the letter allow abortions be covered by their state ACA insurance plans. Those states argue the proposed restrictions violate state sovereignty.

“The ACA was crafted with state sovereignty at its core, allowing for flexibility and innovation across states, including when it comes to abortion,” the letter said. “This structure is consistent with states’ traditional rights and powers to protect the health and safety of our residents.”

The states want federal tax credits to continue to be extended to all state marketplace plans — even those that pay for abortions. They argue that the federal taxpayer dollars are not subsidizing abortions, just the health care plans that use other funds to reimburse abortions.

“In Colorado, we believe people should be able to make their own personal health care decisions free from political interference and without being priced out of essential care,” Weiser said. “Protecting access to reproductive health care, including abortion care, is central to safeguarding individual freedom and the wellbeing of our communities.”

Arizona Attorney General Kris Mayes said Arizonans "do not want politicians interfering with access to reproductive care."

California Attorney General Rob Bonta said harsher abortion restrictions infringe on state sovereignty.

But Dangers said Republicans should continue to push on this issue.

“To this day, at least 12 states mandate abortion coverage in Obamacare plans,” she said. “We are thankful to all our pro-life Republican allies, and we’re confident they will win this fight if they continue to stay united and show leadership. Abortion isn’t health care, and taxpayers should never be forced to pay a dime.”

The attorneys general of Arizona, California, Colorado, Connecticut, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont and Washington state signed the letter.

Planned Parenthood did not respond to a request for comment.