Trump, Sherrill Square Off Over Abortion In NJ

TRENTON, NJ — The Trump administration launched a federal investigation into New Jersey and 12 other states Thursday, saying the states may be breaking federal law by requiring health insurers to cover abortions even when the insurers object on religious or moral grounds.

Gov. Mikie Sherrill fired back the same day, calling it a waste of taxpayer money.

"Let me be perfectly clear: I will fight tooth and nail to defend and protect New Jerseyans' abortion rights against attacks from Donald Trump, or anyone else," Sherrill said in a statement.

The U.S. Department of Health and Human Services Office for Civil Rights, known as OCR, announced the probe March 19, saying the states may be violating a federal law called the Weldon Amendment. That law prohibits federal, state or local governments from discriminating against health care entities — including health insurance companies and health plans — that choose not to pay for or provide coverage of abortion.

The 13 states under investigation are California, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Vermont and Washington. All but Vermont are led by Democratic governors.

The states have 20 days to respond to letters sent by the federal government requesting information about their insurance mandates and how they have been put into practice.

"OCR launches these investigations to address certain states' alleged disregard of, or confusion about, compliance with the Weldon Amendment," said Paula M. Stannard, director of the HHS Office for Civil Rights.

New Jersey law requires health insurance plans sold in the state to cover abortion services. The federal government contends that mandate forces insurers to pay for abortions even when they have religious or moral objections — a violation of the Weldon Amendment, according to HHS.

Sherrill pushed back sharply, saying the state is simply following its own laws. "New Jersey requires health insurance plans to follow all applicable laws, including protecting women's reproductive freedom," she said. “So Donald Trump’s latest ‘investigation’ is nothing but a fishing expedition wasting taxpayers’ money. The Trump Administration wasting time and money is a disservice to our country, especially at a time when everyday prices are skyrocketing.”

If OCR finds that a state is not in compliance, the state would first have a chance to resolve the issue voluntarily. If that fails, the federal government could withhold funding or refer the matter to the Department of Justice.

The Weldon Amendment is not a stand-alone law. It has been included in annual federal health spending bills since 2005. Earlier this year, the Trump administration expanded its interpretation of the amendment, reversing a position taken under President Joe Biden that had shielded employers and plan sponsors from its reach.

The investigation is part of a broader push by the Trump administration to strengthen federal conscience protections in health care. Earlier this year, OCR issued a notice of violation to Illinois after determining that state law improperly required health care providers to refer patients for abortions, regardless of the provider's personal or religious beliefs.

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