A Dream Job Litigating for Reproductive Rights
Told in her own words, the story of Michelle Banker, Director of Litigation for Reproductive Rights and Health
I’ve been fighting for reproductive rights and access to health care for years. But when I went to law school, I wasn’t sure what my path would be.
I had a background in health-related public policy, a desire to use the law to create social change, and a
passion for reproductive rights, but I didn’t have a clear idea of how to marry those interests into a legal
career. But I knew I had to start somewhere.
There was just one problem: the world of reproductive rights advocacy—at the time—was incredibly small. With so much to change but few openings for new lawyers trying to enter the field, my journey of trying to wedge my foot in a door—that felt like it was perpetually closed—began.
So instead, I worked for and volunteered with multiple organizations to gain vital experience that I knew would enable me to best serve those seeking abortion care. And then, finally, the door gave in.
I landed a short-but-life-changing legal research and advocacy position at an organization that
had been fiercely fighting for reproductive rights for decades: NWLC. I dove in, learning everything I could about the landscape of laws governing access to reproductive health care in this country.
Beyond the work, I found my advocate’s voice, developing my ability to communicate the law to the
public as well as to the courts.
This experience changed the trajectory of my career. Now, I knew not just what I wanted to do, but exactly where I wanted to be.
And in 2018, I was hired full time as a reproductive rights litigator at NWLC.
Landing this job was an absolute dream come true. But I’ll be honest: Working in the gender justice space can too often feel demoralizing and frustrating. But when I look back at my time here, there are so many wins that remind me why I (and we) can’t give up.
In 2019, the Trump-Pence administration issued a regulation that would have allowed health care
workers with objections to abortion and other health care to put their personal beliefs ahead of patients’ health. This rule threatened patients’ access to potentially lifesaving health care—we knew we had to take action. Alongside our partners, NWLC brought a lawsuit challenging this discriminatory refusal of care rule.
On November 6, 2019, we won. The court struck down the rule, and in 2024, the Biden administration formally rescinded it.
I’ve also had the privilege to work on another crucial case in the fight for abortion access. Less than a
month after the U.S. Supreme Court overturned Roe v. Wade, our client’s water broke at 18 weeks. Despite doctors determining that her pregnancy was no longer viable—and that she was at risk of severe
blood loss, sepsis, and death—she was denied emergency abortion care by two hospitals in Missouri
and Kansas. She was then forced to drive to Illinois, hours away, while in labor, to reach a health care provider that would treat her.
This never should have happened.
Through a complaint filed with the Department of Health and Human Services (HHS), we pushed the Biden administration to hold the two hospitals that denied our client lifesaving care accountable under the Emergency Medical Treatment & Labor Act (EMTALA)—a federal protection that ensures no person is turned away from receiving the emergency care they need, regardless of state laws.
In May 2023, they did. It was the first federal enforcement action against a hospital for denying emergency abortion care following Dobbs.
HHS issued notices to the hospitals that they violated EMTALA by turning our client away and said there would be consequences for denying patients the care they need in violation of federal law. Securing this major win—protecting access to life-saving abortion care for our client and others around the country—was one of the most meaningful experiences of my career.
But our work is not done. In January 2024, the Supreme Court decided to hear a case about whether states can carve out emergency abortion care from EMTALA’s protections.
Our team immediately dove into action, leading the coalition defending the right to health- and life saving emergency abortion care before the Court.
Our work is not limited to abortion access—we fight for health equity more broadly, including access to ALL reproductive health care—including contraceptive care, fertility care, and other pregnancy related care.
Last year, we filed a nationwide class action lawsuit against major insurance company Aetna for
discrimination against LGBTQ people. The lawsuit argues that Aetna’s policy on fertility treatment coverage creates significant barriers for LGBTQ people because it requires them to pay more and wait longer to access the fertility benefits covered by their health plans. In March 2024, a U.S. District Court allowed our case to proceed.
These are just a few of the victories our team has had over the past several years, and I am so proud of everything we have accomplished.
So, yes. The work is relentless—but we keep fighting. In the face of news that is often bleak, my clients’ stories prove the power of resistance and the importance of hope. It’s their stories and their courage that remind me to keep fighting. And I’m not stopping until everyone has access to the health care they deserve.
Thank you for your continued support of our clients and our work. Our victories are possible because of you.
