Trump appeals California judge’s curb on birth control rules

SAN FRANCISCO — The U.S. Department of Justice is appealing a California judge’s decision to temporarily block new Trump administration rules allowing more employers to opt out of providing no-cost birth control to women.

Lawyers filed the notice of appeal to the 9th District Court of Appeals on Friday, nearly two months after Oakland-based U.S. District Judge Haywood Gilliam blocked the changes to President Barack Obama’s health care law.

The Obama appointee said the Trump administration failed to follow notice and public comment requirements before implementing the changes. A federal judge in Philadelphia cited similar reasons in issuing her nationwide injunction, also in December.

The Affordable Care Act required most companies to cover birth control at no additional cost, though it included exemptions for religious organizations. The new policy would allow more categories of employers to opt out of providing contraception by claiming religious objections.

California Attorney General Xavier Becerra sued the Trump administration in October challenging the new rules, saying the policy discriminated against women.

His lawsuit was joined by attorneys general in Delaware, Maryland, New York and Virginia.

California argued that