The Supreme Court has ruled—7-2—in favor of the Little Sisters of the Poor and other organizations. The Court upheld the Trump administration’s rule exempting these employers from an Obamacare requirement to provide insurance coverage that includes contraception.
Justice Clarence Thomas wrote for the Court:
We hold today that the Departments had the statutory authority to craft that exemption, as well as the contemporaneously issued moral exemption. We further hold that the rules promulgating these exemptions are free from procedural defects.
Justice Ruth Bader Ginsburg dissented.
…this Court leaves women workers to fend for themselves, to seek contraceptive coverage from sources other than their employer’s insurer, and, absent another available source of funding, to pay for contraceptive services out of their own pockets.
Ginsburg is being disingenuous in this. Contraceptives are dirt cheap in Walmart and drug stores. It’s no great burden for “women workers” to pay for contraception “out of their own pockets.” If it’s a burden to seek “contraceptive coverage” from other sources, that’s the direct result of Obamacare driving up the cost of all coverage.
Ginsburg is being sexist in this. Condoms are nearly as cheap and even more widely available. But Ginsburg is blithely assuming that contraception is solely the responsibility of the woman.