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President Barack Obama discusses Ukraine during a meeting with members of his National Security Staff in the Oval Office, Feb. 28, 2014.
After the U.S. Supreme Court handed down its decision that corporations have religion too and thus can dictate one of the most private and personal aspects of their female employees' lives, the White House looked to Congress to find a way to overrule the decision. There are some real legislative options to fix this. Congress could amend the Religious Freedom Restoration Act to clarify that your boss' freedom of religion doesn't trump your life, or they could create a new program to provide coverage for the women in the companies that are opting out. Or they could amend Obamacare to exempt all or part of it from the RFRA. There are any number of legislative solutions, and not a damned one of them will work. That's because we don't have a Congress that will do legislation. Now introducing legislation is the right political move for Democrats, because fighting Hobby Lobby will win women. But it won't pass.

No, that fix isn't happening, so it's going to be up to President Obama to find a way out. And he has options, as laid out by law professor Jonathan H. Adler:

The easiest and most rapid response would be for the Department of Health and Human Services (HHS) to provide objecting for-profit employers with the same accommodation offered to religious institutions. Indeed, the very existence of this accommodation undermined the administration’s position before the Supreme Court, as it was hard to simultaneously argue that there was no less restrictive way to provide access to contraception while providing just such an alternative to religious institutions.  Expanding the accommodation would be relatively easy, and could be done quickly through an interim final regulation.
It could be done quickly and easily, but some religious institutions already have suits arguing that having anything to do at all with the existence of this law—even signing a piece of paper saying they should be exempt—violates them. Anybody have any doubt that when this one reaches the Supremes, they'll rule against the religious groups? So, what's next?
A more direct way to enhance contraception coverage would be for the federal government to provide such coverage directly. Yet while Congress could authorize such a program, it is not clear that HHS has the authority to take this step on its own. I am not aware of any provision in the PPACA or other law that would authorize appropriations for this purpose. Of course, were HHS to try and take such a step unilaterally, it's not clear who would have standing to challenge the move.

A final step the administration could take would be to enhance access to contraception by making all forms of oral contraception available over-the-counter without a prescription (and not just “Plan B”).  While this would not make contraception “free” it would reduce the cost, and help alleviate some of the non-monetary obstacles women face.

How about both? Obama should take this fight to Congress, assume it has the authority to provide the coverage directly and dare Boehner to sue him again. Hell, dare him to impeach. This is a good fight to pick. He's in a fighting-with-Congress mood. Don't stop now.

From a policy standpoint, there is no reason why birth control pills can't be over-the-counter drugs. They're safe. Most of the rest of the world allows it. Having them readily available in any drug store will make access much simpler for women. Putting them out on the shelf will force pharmaceutical companies to lower their prices to compete and reflect better their actual cost—they're one of the cheapest drugs out there—and make it affordable even without the insurance coverage.

There's no way this fight for women's health is the wrong thing to do, for any Democrat. Look to Congress, Mr. President, and keep highlighting the Republican war on women. But don't stop there.

Originally posted to Joan McCarter on Tue Jul 01, 2014 at 11:28 AM PDT.

Also republished by Daily Kos.

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Comment Preferences

  •  Hobby Lobby supports Erections! (27+ / 0-)

    Hobby Lobby pays for Viagara,
    but not for the Consequences!

    If Money is Speech, Speech isn't Free! I wonder what it is about that that Antonin Scalia cannot understand?

    by NM Ray on Tue Jul 01, 2014 at 11:30:50 AM PDT

  •  It's time to pick a fight Mr. President (28+ / 0-)

    It is time to draw that line in the sand and say, "No more!"

    Don't do it because it's politically expedient.

    Do it because of Sasha and Melia (sp?). Do it because you want your daughters and granddaughters and great granddaughters to have the ability to control their own bodies.  

    A lot of women voted for you Mr. President, it's time to stand up for them. You are our voice right now.  Time to use it.

    "The NRA, the club you join when the military won't have you" - bumpersticker

    by dawgflyer13 on Tue Jul 01, 2014 at 11:32:58 AM PDT

    •  Put birth control pills on the shelf NOW (8+ / 0-)

      That is the best idea here.

      I want to see them on the shelf at Target and CVS, right next to the boxes of condoms.

      Make it happen, Mr. President.

      Please help to fight hunger in the U.S. by making a donation to Feeding America.

      by MJB on Tue Jul 01, 2014 at 02:00:16 PM PDT

      [ Parent ]

      •  Counterproductive (9+ / 0-)

        Reclassifying birth control pills as OTC would increase the out of pocket costs to tens of millions of women who now get them for "free."  Insurance doesn't cover OTC medications nor could one use an HSA to pay for them.

        •  True. Sort of. (4+ / 0-)
          Recommended by:
          delver, MJB, JG in MD, Audri

          When I got Zyrtec as an Rx drug, it cost me $10 per month.

          It went OTC and costs me almost $40 for two months worth at Costco. The price is truly crazy at regular stores.

          Now, this is a drug I can't take in generic. But if I could, the generic form can be purchased at Costco: 365 pills for $15. Plus they often offer coupons for a few dollars off.

          That's definitely cheaper than most people can get with insurance. And insurance often doesn't cover name brands at all.

          So it depends.

          For people who get contraceptives for free, it's going to be hard to replace that, except that if Planned Parenthood and other groups can get OTC drugs at a good price, they can likely hand them out for free.

          But for many people, generics may be cheaper. I'd love to see a bottle of 365 birth control pills sitting on the shelf at Costco between the Pepto Bismol and Excedrin.

          Finally, HSAs can normally be used for OTCs s as long as your physician prescribes (via written or electronic order) the drug. My doctor writes up a written prescription for my Zoloft every year, and I file it with my financial papers for taxes for that year. She obviously documents my chart as well. I then use my HSA debit card to buy the OTC drug, and keep the receipt with the prescription.

          You can't use HSA for any ole OTC you just opt to buy, but any drug that your doctor prescribes should qualify.

          As always, talk to your tax advisor and HSA issuer for specific information for your situation.

          © grover

          So if you get hit by a bus tonight, would you be satisfied with how you spent today, your last day on earth? Live like tomorrow is never guaranteed, because it's not. -- Me.

          by grover on Tue Jul 01, 2014 at 02:40:26 PM PDT

          [ Parent ]

          •  Problem with Freebies is that a woman really does (6+ / 0-)
            Recommended by:
            grover, Waimer, arlene, askew, JG in MD, kfunk937

            have to check with her doctor(s) about what form of contraceptive or contraceptive-too drug she buys over the counter, because there are in every pool of women some who should definitely NOT take this one or that one or the one over there, becasue it conflicts with other medicine she must take or has a horrendous side effect for her in particular , or  . . . . and  the best way for many is an IUD which must be placed by a medical person trained to do it. The doctor is an essential part of this, as are said doctor's bills.

             I wonder if JHobby Lobby will be barring Dr. bills for visits to the obgyn where this stuff is discussed - it's as possible as the insistence that paying for drugs is a sin.

            These are very active biochemicals and, SCOTUS and HL be damned, must be treated and used with care.

            •  Oh, absolutely. (2+ / 0-)
              Recommended by:
              MJB, Audri

              That's the case with many OTCs as well though.

              Many people shouldn't take acetaminophen for example. And it shows up in so many dang medicines that unless you're really careful, you can get way more than you should (even if you're perfectly healthy). If you have the flu, you might take alka  seltzer because you feel nauseated, Excedrin for your headache and then a few hours later, NyQuil to help you sleep. And no one would come screaming into your house and rip those out of your hands because you're potentially poisoning yourself.

              But they all contain acetaminophen, quite a lot of it.

              Drugs for reflux (GERD) are potent and have side effects as well. But people self-diagnose and self-prescribe those all the time. Some are better for some patients than others. And they shouldn't be used for more than several weeks without direct supervision and monitoring.

              I don't see wider availability of BC pills as a bad thing. The key is, we need easier access to doctors.

              I understand HL wanted to limit that as well for physicians visits, but it seems hard to enforce. Can they deny a 60 minute well woman exam with diagnostics because of a two sentence conversation? Who knows how that will play out?

              © grover

              So if you get hit by a bus tonight, would you be satisfied with how you spent today, your last day on earth? Live like tomorrow is never guaranteed, because it's not. -- Me.

              by grover on Tue Jul 01, 2014 at 04:20:46 PM PDT

              [ Parent ]

              •  And the screening exam won't be just a "yearly"... (1+ / 0-)
                Recommended by:

                And the screening exam won't be just a "yearly" exam, covered 100% if you have any diagnosis that gets discussed, put in the doc's notes, and then coded on the insurance form...unless the clinic codes for the well exam separately from the discussion of symptoms. Been there, had it happen. Protested; got the insurance submission changed.

      •  Don't forget 7-11. (per cardinal dolan) nt (1+ / 0-)
        Recommended by:

        Oh for crying out loud!

        by 4mygirls on Tue Jul 01, 2014 at 02:12:14 PM PDT

        [ Parent ]

      •  That is a backwards move. BC is free now (3+ / 0-)
        Recommended by:
        KayCeSF, wishingwell, freakofsociety

        Put it OTC and we have to pay for it again. Backwards thinking.

        President Obama at Madison Rally 9/28/2010 - "Change is not a spectator sport."

        by askew on Tue Jul 01, 2014 at 02:14:12 PM PDT

        [ Parent ]

      •  otc (1+ / 0-)
        Recommended by:

        Many drugs now needing an rx are otc in other countries.  Forcing people to go to doctors for the prescription is one cause of our overspending on health care.

        Actions speak louder than petitions.

        by melvynny on Tue Jul 01, 2014 at 02:18:57 PM PDT

        [ Parent ]

      •  ^^^THIS^^^ (0+ / 0-)

        It's WAY past time for this.

        When lots of people show up to vote, Democrats tend to win.

        by Audri on Wed Jul 02, 2014 at 09:33:14 AM PDT

        [ Parent ]

      •  And it makes a good rallying cry: (0+ / 0-)
        Birth contol on the shelves! - Now!
        Birth contol on the shelves! - Now!
        Birth contol on the shelves! - Now!

        When lots of people show up to vote, Democrats tend to win.

        by Audri on Wed Jul 02, 2014 at 09:35:23 AM PDT

        [ Parent ]

  •  Medicare for all would fix a lot nt (21+ / 0-)

    I voted Tuesday, May 6, 2014 because it is my right, my responsibility and because my parents moved from Alabama to Ohio to vote. Unfortunately, the republicons want to turn Ohio into Alabama.

    by a2nite on Tue Jul 01, 2014 at 11:33:08 AM PDT

    •  I want to believe that ... (8+ / 0-)

      ... but look at all the efforts to deny taxpayer-funding for anything to do with female reproductive issues.

      •  exactly (3+ / 0-)
        Recommended by:
        wishingwell, JBL55, kfunk937

        we'd be having this fight all over again, with one party wanting to ban any tax dollars being spent.

      •  Me too. What's to keep them from (1+ / 0-)
        Recommended by:

        applying Hyde to single payer? I think single payer is the way to go, but we have to be sure that everything is covered.

        Oh for crying out loud!

        by 4mygirls on Tue Jul 01, 2014 at 02:15:09 PM PDT

        [ Parent ]

        •  Best answer (4+ / 0-)
          Recommended by:
          4mygirls, observer963, JBL55, Audri

          Vote the TGOP assholes out of Congress.  Or at least make them a meaningless minority which we can then mostly ignore.

          Mr. Boehner, where are the jobs?

          by Tx LIberal on Tue Jul 01, 2014 at 02:27:46 PM PDT

          [ Parent ]

          •  We can't vote out Scalia and Alito (4+ / 0-)
            Recommended by:
            Tx LIberal, codairem, JBL55, Audri

            Remember, we're having this conversation because there's an intractable conservative majority on the Court that considers corporations more human than women, and is more concerned with the freedom of bigots and misogynists to discriminate and harass than it is concerned with the freedom of their victims to live in dignity.

            Even if we voted out every last GOP member from Congress in November, and passed a Medicare-for-all bill that included full funding for all forms of birth control and abortion -- even then, a company like Hobby Lobby would sue and win to keep federal dollars from financing these things.

            We need a new Congress, but we also need one or two of the conservative justices to die or resign while a Democrat is president.  That's the only way to end this insanity, because the Roberts Court, in its current configuration, will not reverse course.

            •  Not sure about that (6+ / 0-)

              A new Congress could do the following:

              1 Revise the RFRA to include rights of employees and distinguish corporations from individuals as far as religious freedom.  That would undermine further lumping of corporations as individuals in these cases.  Remember that is what they used to justify this overreach in the first place.

              2 Appoint moderate/progressive judges to the lower courts.  That would make it harder to move such cases forward and could eliminate some.

              3  There is a good likelihood that at least one of the progressives will retire in the next two years.  Make sure they are replaced with a progressive.

              First things first we need to remove the Tea Party's grip on Congress in order to free up debate over these issues.

              That's my take anyway.

              Mr. Boehner, where are the jobs?

              by Tx LIberal on Tue Jul 01, 2014 at 05:18:44 PM PDT

              [ Parent ]

        •  Has Hyde been amended to bar all birth control (2+ / 0-)
          Recommended by:
          4mygirls, JBL55

          and not just abortions?

          •  No, not yet anyway. My point is that (2+ / 0-)
            Recommended by:
            JBL55, kfunk937

            Hyde bars taxpayer money from paying for abortions, they (HL and others) claim that some forms of bc are abortive, therefore if taxpayer money (single payer) is funding all health care you can bet they will clamor to have these things omitted from coverage, to protect their religious freedom of course.

            Oh for crying out loud!

            by 4mygirls on Tue Jul 01, 2014 at 07:55:52 PM PDT

            [ Parent ]

            •  and the right wing meme seems to be that (0+ / 0-)

              providing subsidies to anyone (for services not excluded by Hyde, i.e. in non-Medicaid plans) = public funding of abortion, anyway.

              Joining the anti-abortionists are the "libertarian-" leaning wing, who just don't get that contraceptive choice is a normal part of women's healthcare. They don't seem to care about abortion, per se, but in the interests of small gubmint, say "pay for your own," as if spacing births (or choosing to avoid childbearing altogether) isn't a natural part of all women's healthcare decisions. And truly, none of anyone else's business. ACA rightly designed in ways to correct former inequities (such as higher costs for female coverage, based on assumption of pregnancies, in part) between male coverage and women's. They should get over themselves.

              Rest assured, they're doing their best to chip away at reproductive health, Roe, and the ACA in general. It's a shotgun approach, and a perfect storm of strange bedfellows.

    •  Don't Think It Can be Done By POTUS Alone Though. (5+ / 0-)
      Recommended by:
      DiesIrae, Smoh, FG, hbk, wishingwell

      Lots of better ideas can't be implemented.

      We are called to speak for the weak, for the voiceless, for victims of our nation and for those it calls enemy.... --ML King "Beyond Vietnam"

      by Gooserock on Tue Jul 01, 2014 at 11:55:30 AM PDT

      [ Parent ]

      •  This SCOTUS ruling could open that door (4+ / 0-)
        Recommended by:
        Smoh, drmah, goodpractice, Audri

        though. Take BC completely out of insurance plans and make it "single payer" to any woman who wants it.  Paid for it with a tax on employer-provided insurance plans.  Perhaps more businesses will opt out, funneling more people to the exchanges.  That, in turn, makes the poor slobs still stuck in employer-provided insurance clamor just a little louder to be allowed on the exchanges.  Which will force the need for a public option.  Once that is in place, it's a hop, skip and jump to Medicare for all.

        There is a pathway here - we have to hire the right people to get it done.


        "Do the best you can until you know better. Then when you know better, do better.: Maya Angelou

        by PsychoSavannah on Tue Jul 01, 2014 at 12:21:29 PM PDT

        [ Parent ]

    •  I hear you (1+ / 0-)
      Recommended by:

      They want to turn the entire country into Somalia.

    •  Well some Medicare supplements pay for certain ... (0+ / 0-)

      Well some Medicare supplements pay for certain drugs, another plan pays better for other drugs. Your health changes during a contract year, too bad.

  •  Problem would be (10+ / 0-)

    that store clerks as well as pharmacists with the whacko viewpoints would refuse to serve purchasers.

    Ceiling Cat rules....srsly.

    by side pocket on Tue Jul 01, 2014 at 11:35:32 AM PDT

  •  I think we need to use religion against them. (8+ / 0-)

    We need to find some off-the-wall religious beliefs that pee all over their religious beliefs and then sue.   Only when  the shoe is put on the other foot,  can we win.  

    I will not vote for Hillary.

    by dkmich on Tue Jul 01, 2014 at 12:02:40 PM PDT

  •  Repeal the hyde amendment too (10+ / 0-)

    while you're at it.

    hyde amendment has nothing to do with 'birth control pills' but 'abortion' is a perfectly valid medical procedure that sometimes, women just need to stay alive... in the same way women take bcp to be functioning members of society.

    do i need to have my uterus and ovaries removed or something.... cuz i find it so intrusive and rude that they'd come in between me and my doctor... over what goes on with my uterus.

    Why hello there reality, how are you doing?

    by Future Gazer on Tue Jul 01, 2014 at 12:12:40 PM PDT

  •  The Hobby Lobby fight has to be won (11+ / 0-)

    And everything should be done that can be done.

    Still, IMO, this battle is part of a broader war.  A strange war, because as long as it remains political and not a shooting war, it has to be fought within the political system we have.

    This system is a two party system.  

    One party has an infantry composed of an intertwined and complementary base of racists, theocrats and Ayn Randist libertarians.  They also have most of the plutocrats and warmongering neo-cons.

    The other party is a more complex amalgam of people that have issues with this Repug base; civil, women and worker rights, immigration, inequality, separation of church and state, climate change, etc.  This complexity is much more difficult to coordinate.

    50% of all eligible voters chose to not even participate.  If they did, things would be very different.

    Only under inspired leadership can this war be won by our side.

    Daily Kos an oasis of truth. Truth that leads to action.

    by Shockwave on Tue Jul 01, 2014 at 12:13:20 PM PDT

    •  50% are uncomitted (6+ / 0-)

      In fact to such a degree that many are not registered.  We need to do something about that.  We need to take the battle to the so-called "red states".  If we can register more people, I think we can win in those states.  The demographics are in our favor.  It's time to bring back the 50 state strategy.  You can not just concede these states to right wingers while they nibble away at "blue states".

      "The real wealth of a nation consists of the contributions of its people and nature." -- Riane Eisler

      by noofsh on Tue Jul 01, 2014 at 12:25:44 PM PDT

      [ Parent ]

      •  People have to be given a reason to register... (6+ / 0-)

        ...let alone vote.

        I believe that there are some issues that could give many in the non-voter set the motivation.  Some will be motivated by women's choice, others by minimum wage, others by gun background checks, still others by higher taxes for the rich, immigration reform, etc.

        I have not yet seen much of a strategy by Dems to go after the non-voters and the only research on their demographics I find is this dated Pew study.

        But we also need inspired leadership that understands all the dynamics and you can guess who I think doesn't have this.

        Daily Kos an oasis of truth. Truth that leads to action.

        by Shockwave on Tue Jul 01, 2014 at 12:33:09 PM PDT

        [ Parent ]

  •  I got THE FIX ... The Public Option (11+ / 0-)

    Some say single payer.  I don't think that is a battle we need to fight just yet.  It's called the public option.  Remember that?  Let's create a public option that has contraception coverage in it and say to anyone who is not offered that coverage that they can elect to get the public option.

    I love single payer.  I think that is the real solution but that's too hard of a battle to win just yet.

    "The real wealth of a nation consists of the contributions of its people and nature." -- Riane Eisler

    by noofsh on Tue Jul 01, 2014 at 12:18:41 PM PDT

  •  The next non-issue working it's way up (4+ / 0-)
    Recommended by:
    FogCityJohn, blueoasis, codairem, kfunk937

    The Little Sisters.

    The Little Sisters of the Poor order, based in Colorado, is already exempt from Obamacare's requirement that employer-provided health insurance plans cover the cost of contraception without a co-pay as part of ensuring comprehensive preventative health care for women. To claim that exemption, the Little Sisters simply have to sign a short form stating their religious exemption to contraception. That's it.

    This is not about the nuns having to cover contraception. This is about a piece of paper. In essence, the plaintiffs in the case are arguing, as Amanda Marcotte of Slate has pointed out, that filling out a form is a violation of their religious freedom. Sound a bit far-fetched? Indeed, that's what a federal judge and two appellate courts have already ruled.

    The ostensible purpose for "the piece of paper" is so that insurers know how to inform and divert willing employees to TPAs.  This seems to be a rather ridiculous step since it should be blatantly obvious at time of negotiation what an employer will and will not want included in coverage.  And since this is over a free offering, we could do away with the "the piece of paper."
  •  Any money left for grants from HRSA? (2+ / 0-)
    Recommended by:
    Jon Says, kfunk937

    Maybe some organizations could apply for grants to be able to provide birth control to women.

    Faith- & Community-Based Organizations

    HRSA encourages faith-based and community-based organizations, including small and novice organizations, to apply for HRSA grants.

        HRSA grants are awarded competitively
        Applications are made in response to program announcements and other requests for proposals or applications published in the Federal Register or the HRSA Preview
        No grant or cooperative agreement funds are set aside specifically for faith-based providers, nor will a separate fund be established within HRSA or the HHS Center for Faith-based and Community Initiatives

    Dallasdoc: "Snowden is the natural successor to Osama bin Laden as the most consequential person in the world, as his actions have the potential to undo those taken in response to Osama."

    by gooderservice on Tue Jul 01, 2014 at 01:33:39 PM PDT

  •  Obama can make it a requirement (3+ / 0-)
    Recommended by:
    New Rule, LihTox, kfunk937

    for federal contractors to cover birth control in any insurance they offer employees.

    That will mitigate the effect.  And if they don't want to follow that rule, they don't get federal contracts.

  •  I'm of the mind (0+ / 0-)

    That most contraceptives and antibiotics should be over the counter.

  •  Look at the big picture (3+ / 0-)
    Recommended by:
    sc kitty, drmah, codairem

    Hobby Lobby is a tiny piece of the big picture.   How about the 28th amendment to the Constitution:  "Corporations and businesses are not persons."

  •  I love this plan just for the simple joy I would (0+ / 0-)

    experience at watching conservatives soil themselves over the "ghastly" prospect of over the counter birth control. I mean if over the counter birth control wasn't a sign from Jesus that "teh end tymze" are nigh then nothing is. Let's do this just for the shear chain jerking aspect of it.

    •  I have the popcorn waiting for the Big Pharma (0+ / 0-)

      response to all this, tearing away from them all those customers for bcp just when there was no financial burden for the women and a whale worth of new sales possible for Pharma, until this.

       Just as United Health now has a unit to help hospitals they accept to get their paperwork through Medicare that they didn't have before, Big Pharma may well itself find a way to deal with this, in the ineffable ways of private enterprise seeing a market pulled away just as they were reaching for it.

  •  It is time to pray (0+ / 0-)

    for the souls of all the dead companies in purgatory.

  •  I thought Republicans were AGAINST Sharia Law. (4+ / 0-)
    Recommended by:
    drmah, a2nite, arlene, kfunk937

    In any event -- this is a gift to be filed under "Never let a crisis go to waste."

    This is the kind of Black Swan wave that Democrats can ride to victory in 2014.

    The solidarity of women can own the nation.

    Conscious evolution is a human right. Demand your rights, today!

    by Pluto on Tue Jul 01, 2014 at 02:08:16 PM PDT

  •  I like the OTC option IF (2+ / 0-)
    Recommended by:
    wishingwell, kfunk937

    it didn't end up burdening poor working women even more.  

    "The opposite of a profound truth may well be another profound truth.”" -- Paul Dirac

    by Rikon Snow on Tue Jul 01, 2014 at 02:13:02 PM PDT

    •  Yes as OTC medications are expensive, for instance (2+ / 0-)
      Recommended by:
      Rikon Snow, kfunk937

      I pay very little for my prescription medications on my plan. I can get 90 days worth of generic meds for 20 dollars. But ibuprofen which I used to get by prescription but now can buy over the counter ( ie advil, motrin) costs me a lot more for a 9o day supply.

      We used to get allergy medication via prescription but now allegra is over the country and very very expensive, we have to opt for CVS brand and that is still very expensive.

      My concern is OTC birth control could be expensive.  

      Keystone Liberals on Twitter @ KeystoneLibs , Join PA Liberals at

      by wishingwell on Tue Jul 01, 2014 at 02:33:36 PM PDT

      [ Parent ]

  •  This is about "free", I think (0+ / 0-)

    I've done a lot of reading on this Hobby Lobby decision and what it actually means and what Hobby Lobby isn't actually covering.  I think the "free" word is the problem.  Actually, Hobby Lobby covers (co-pay free) a great many contraception avenues.  Here's a list I got from a number of sites:

        Male condoms
        Female condoms
        Diaphragms with spermicide
        Sponges with spermicide
        Cervical caps with spermicide
        Spermicide alone
        Birth-control pills with estrogen and progestin (“Combined Pill)
        Birth-control pills with progestin alone (“The Mini Pill)
        Birth control pills (extended/continuous use)
        Contraceptive patches
        Contraceptive rings
        Progestin injections
        Implantable rods
        Female sterilization surgeries
        Female sterilization implants

    There are some contraception things not covered, that's for sure.  But, at least there are some choices.  What I would like to know is if some of these things are free...why not ALL things relating to contraception?  

    Interesting question, think?

    •  As I understand it, the Court let stand all sorts (2+ / 0-)
      Recommended by:
      wishingwell, kfunk937

      of lower court rulings that applied to all these methods as well.  Is that correct?

      "The opposite of a profound truth may well be another profound truth.”" -- Paul Dirac

      by Rikon Snow on Tue Jul 01, 2014 at 02:16:25 PM PDT

      [ Parent ]

      •  Could be, Rikon (1+ / 0-)
        Recommended by:
        Rikon Snow

        Not sure on that, Rikon.  One thing I saw in this diary was a suggestion to get birth control pills (etc.) "over the counter" that women can just go to a drug store and buy them without prescription.  

        That speaks to my original point in that this is more about "free" than it is about access.  Making BC drugs over-the-counter available will still create a cost to women...and therein lies a part of the issue in this whole thing.

  •  Making birth control OTC makes it too expensive (4+ / 0-)

    for many.  It's free by prescription. Putting it OTC makes women pay for it again. Huge step backwards and I can't believe that any liberal would advocate for that.

    President Obama at Madison Rally 9/28/2010 - "Change is not a spectator sport."

    by askew on Tue Jul 01, 2014 at 02:13:10 PM PDT

  •  I've got a solution. (5+ / 0-)

    Give us goddam single payer healthcare.  If corporations want to be fussy about what healthcare they pay for then maybe they should not be in the friggin' healthcare provider business in the first place.  

  •  how about no discounts for "Contraception - " (1+ / 0-)
    Recommended by:
    Rikon Snow


    you can refuse them but you can't save any money

  •  No Way to Beat Theocracy (3+ / 0-)
    Recommended by:
    a2nite, delver, kfunk937

    There are ways to provide women with contraception coverage. Providing it free from the Federal government is probably the best. Because that is the job of "Medicare for All", which is the right way to finance all Americans' healthcare. Not this half-assed Republican ACA that primarily guarantees private insurance banksters the business of the entire country.

    But there is no way to undo this theocorp Supreme Court decision finding that corporations have religions that have the right to reject Federal law requirements - even when the corporations violate those religious "beliefs" in practice themselves.

    No way except a Constitutional amendment that says simply

    A person is a human and no other entity; "people" and "persons" are plurals of "person". Speech is the verbal communication by people, not any other acts that aren't communication.

    I know some Democrats are talking about an amendment to undo Citizens United, the last biggest theocorp decision from the court. But it's not going to define "person" and "speech" simply and properly. Until we do we've lost to the theocrats and their corporate sponsors.

    "When the going gets weird, the weird turn pro." - HST

    by DocGonzo on Tue Jul 01, 2014 at 02:26:52 PM PDT

  •  Don't forget the States (2+ / 0-)
    Recommended by:
    a2nite, LihTox

    The Supreme Court also left the door open to action by the States (Hobby Lobby was not a Constitutional decision).  I'd recommend to anyone in a state with a Free Exercise clause interpreted along the lines of Employment Division v. Smith to push a contraceptive mandate at the state level.  Even if your state has a very strong Free Exercise clause, at least bring up the issue (I will the next time I speak with my legislator).  I agree that ultimately there must be a federal solution, but this is a problem that can be tackled at multiple levels, and we need to be pursuing all avenues.

  •  Maybe Obama's Afraid (1+ / 0-)
    Recommended by:

    Maybe one of those Blackwater thugs threatened his kids.  Who knows?  And if that were the case, we all know that our government -- including, probably, Obama himself -- would take the side of the Blackwater thugs.

    This aggression will not stand, man.

    by kaleidescope on Tue Jul 01, 2014 at 02:29:05 PM PDT

  •  Of all the options, I think OTC (0+ / 0-)

    makes the most sense.  

    Yes, birth control pills affect your overall medical picture and can cause serious complications.  But so do NSAIDs and antihistamines.

    "The extinction of the human race will come from its inability to EMOTIONALLY comprehend the exponential function." -- Edward Teller

    by lgmcp on Tue Jul 01, 2014 at 02:32:59 PM PDT

  •  Pres. Obama put 2 women on SC (1+ / 0-)
    Recommended by:

    He could put a couple more women on if given the opportunity. Who? Would Hillary Clinton rather be President or a Supreme? How about any of the women senators, Patty Murray, Maria Cantwell, Elizabeth Warren? How about all 3? When are those old dogs going to retire?

    We produce more renewable energy than any other state - WA Gov. Jay Inslee

    by mrobinson on Tue Jul 01, 2014 at 02:34:10 PM PDT

  •  IUDs (0+ / 0-)

    IUDs cannot be purchased over the counter and are expensive to insert.  Some women prefer an IUD over the pill because they don't have to take it every day and therefore it is more reliable.  I'm all for having the Pill be available OTC, but that does not remedy the problem of this disastrous ruling.

    •  Need to change disastrous rulings. (0+ / 0-)

      It's the Republican males on the court suffering from vanity. They've lost touch with regular people, young people of reproductive age. They aren't wiser with age - just more arrogant. They make me sick.

      We produce more renewable energy than any other state - WA Gov. Jay Inslee

      by mrobinson on Tue Jul 01, 2014 at 02:44:36 PM PDT

      [ Parent ]

  •  Charlie Pierce informs us... (3+ / 0-)
    Recommended by:
    a2nite, delver, kfunk937

    that Rand Paul has spoken.

    Senator Aqua Buddha, beloved brogressive mancrush and obviously A Conservative With Whom We Can Do Business, would like the ladies of the company to know that he is wise to their attempts to kill Jesus in the womb.
    "Today, the Supreme Court ruled in favor of religious freedom by taking a stand with Hobby Lobby. Religious liberty will remain intact and all Americans can stay true to their faith without fear of big government intervention or punishment," Sen. Paul said. "Our nation was founded on the principle of freedom, and with this decision, America will continue to serve as a safe haven for those looking to exercise religious liberty."
    This is completely of a piece with Paul's entire public career, even before he won the hearts of so many by saving us all from being droned over our venti fatticinos. By all means, nominate this fellow. You could drop Iowa into the gender gap that will open.
    •  Shows how dumb it is to "crossover" (1+ / 0-)
      Recommended by:

      to such hacks just because you like what they say about NSA spying and drones and war, etc. A typical conceit and temptation of Gen-Z latte sippers,  maybe the latest outrages will turn them around.

  •  Hobby Lobby denies women to have sex! (2+ / 0-)
    Recommended by:
    drmah, freakofsociety

    Wow - I will never shop at Hobby Lobby again - how dare they tell women that they cannot have sex!  Who do they think they are?  Oh mean they think that women should be responsible for their own reproduction? I thought that was what libs say about aborting babies.
     Well, that is downright un-American!!!!!!!

  •  Alito's "reasoning" jumped the shark (2+ / 0-)
    Recommended by:
    a2nite, contrariandy

    Alito's "reasoning" is shocking and sounds like tripe from a teen libertoon:

     "As we will show, Congress provided protection for people like the Hahns and Greens by employing a familiar legal fiction: It included corporations within RFRA’s definition of “persons.” But it is important to keep in mind that the purpose of this fiction is to provide protection for human beings. A corporation is simply a form of organization used by human beings to achieve desired ends. An established body of law specifies the rights and obligations of the people (including shareholders, officers, and employees) who are associated with a corporation in one way or another. When rights, whether constitutional or statutory, are extended to corporations, the purpose is to protect the rights of these people."

     First, it's inane and insane to say "simply a form of organization ..." It neglects the whole idea of "the veil", the specified and limited separate legal status, and so on - Alito is effectively transferring the whole of personal rights over to such organizations.

  •  Birth Control For Men (1+ / 0-)
    Recommended by:

    What would happen if men had a reliable contraceptive ?
    Would they try to take it away ? Would more young men vote? You bet they would.

    Male Birth Control: New Procedure Is 100 Percent Effective, Reversible..

    The whole procedure takes about 15 minutes and lasts ten years or more and is more easily reversible than a vasectomy.

    As the Male Contraception Information Project notes, if a man decides he'd like to have his sperm up and running again, he can get another shot and, within two to three months, the baby-making can commence.

    Studies over the last 25 years have reportedly found the procedure is safe to use on both humans and animals.

    Researchers are hopeful that the procedure will be on the market in the U.S. by 2015, with clinical trials beginning in 2012.

    You Don't Happen To Make It. You Make It Happen !

    by jeffrey789 on Tue Jul 01, 2014 at 03:17:54 PM PDT

  •  As someone on TV said today, (2+ / 0-)
    Recommended by:
    drmah, a2nite

    When we get rid of the absurdity of "corporations are people" BS, all this SC ruling will collapse or have no meaning.

    The real problem is that we acknowledge that corporations have rights over human individuals.

  •  There have been a number of recalls (1+ / 0-)
    Recommended by:

    of birth control pills, creams, etc. long after women have been taking them. If they were offered over the counter, bought without prescription and a doctor monitoring the patient, is that not dangerous?  I really don't like the idea of putting 'the pill' at a counter for any woman to pick and choose from without having a doctor advising her.  Also, obviously the insurance for free contraceptives is the better option.

    I would rather spend my life searching for truth than live a single day within the comfort of a lie. ~ John Victor Ramses

    by KayCeSF on Tue Jul 01, 2014 at 03:37:36 PM PDT

  •  Read Kennedy's Concurrence (1+ / 0-)
    Recommended by:

    If you read Kennedy's concurrence, he signaled strongly that he will rule with the liberals and against the religious organizations in terms of the certification accommodation. In fact, the entire basis of his concurrence seems to be to clarify that he supports this alternative.

  •  I agree. Wish he had the balls. (0+ / 0-)

    He is up against the most vicious and prejudiced bunch of sociopaths ever elected. He can fight them all he wants. He can't win because he is still Black and still the President and they will take any steps necessary including defunding HHS, or shutting down the country. Haven't we learned yet? Pitchforks folks - Pitchforks!

  •  I'm very angry about this (1+ / 0-)
    Recommended by:

    I don't know for certain how to handle this. I tried to discuss this on another board and I basically got told to keep my legs together and nobody cared. :(

    Obama is the most progressive president in my lifetime.

    by freakofsociety on Tue Jul 01, 2014 at 03:59:25 PM PDT

    •  I always tell them (1+ / 0-)
      Recommended by:

      Opening one's legs doesn't cause pregnancy, nor does sleeping with someone.  It takes a perp ejaculating in or near a fertile woman's genitalia to cause a pregnancy.  Somehow the men always want to be invisible and unaccountable for this process.  

      You have righteous anger on your side.  Use it to verbally get in their faces.  You would be surprised at how many just slink away.  They can't handle the truth, especially women's truth.  Toughen them up.

      Don't look back, something may be gaining on you. - L. "Satchel" Paige

      by arlene on Tue Jul 01, 2014 at 05:24:08 PM PDT

      [ Parent ]

  •  There's no protection for the employees which (1+ / 0-)
    Recommended by:

    makes sense if you believe in the theocratic/feudal system, only.

    I voted Tuesday, May 6, 2014 because it is my right, my responsibility and because my parents moved from Alabama to Ohio to vote. Unfortunately, the republicons want to turn Ohio into Alabama.

    by a2nite on Tue Jul 01, 2014 at 04:00:20 PM PDT

  •  This pilot program for low-income women, which ... (2+ / 0-)
    Recommended by:
    arlene, kfunk937

    This pilot program for low-income women, which offered them free birth control with good education about the options, resulted in one fifth the unplanned teen pregnancies and half the abortions. Anything that makes it harder or more costly to get birth control is a vote for more teen mothers and more abortions. What hypocrisy the Hobby Lobby supporters are showing!

    •  I wish I could rec this more ++++ (0+ / 0-)

      I'm the loving auntie of a nephew whose mom couldn't swing the $10 co-pay (she had employer provided health insurance that covered OCs).

      I love my nephew, obviously. But programs that make family planning easier to access and implement, work.

      We need only look to abstinence only programs, like TX, for proof of how not to do it.

  •  a credible fight.. (0+ / 0-)

    ...involves civil disobedience.   Show up en masse a churches to counsel attendees about treatment for their mental illness.  Torch vessels at yacht clubs for the wealthy.  Go to their doorstep.

  •  1.Democrats wont even introduce a legislative fix. (1+ / 0-)
    Recommended by:

    2. Re "Obama should take this fight to Congress ... This is a good fight to pick" -- it is, but he won't.

    Oh, and the ACA's accommodation to religious institutions weakened the law without assuaging any opponents.  These people would outlaw care for women dying from self-induced abortion if they could.

  •  The world is full of choices ... (1+ / 0-)
    Recommended by:

    so choose not to spend any money at Hobby Lobby.

    Also choose not to eat at Chick-fil-A.

    If you talk the talk, you have to walk the walk. Simple as that.

  •  did SCROTUS listen to doctors? (0+ / 0-)

    ""A group of obstetricians, gynecologists and other physicians told the justices that abortion is the termination of a pregnancy and the contraceptives at issue can’t induce abortion because they only work before pregnancy.

    The Greens counter that the contraceptives can prevent the implantation in the uterus of a fertilized egg. They say that is the destruction of life and that forcing them to offer those contraceptives makes them complicit in abortion.""


    THE ONLY WAY YOU CAN CONTROL PEOPLE IS TO LIE TO THEM. You can write that down in your book in great big letters. -- L. Ron Hubbard Technique 88

    by xenubarb on Tue Jul 01, 2014 at 06:53:55 PM PDT

  •  If corporations are people and life is sacred (0+ / 0-)

    then Bain capitol and it's like commit murder.

    Medically, a terminal patient or their legal representative can make a decision to withhold treatment.  But the physician cannot make that decision.

    So when Bain contracts with a business, that is to say  person, which is in financial trouble, and its owner, or legal representatives wish to keep it alive, the physician, Bain, cannot make the decision to let it die.

    Granted that's to simple an example to end up in court but if the Supremes take very many more steps toward  giving human rights to non human things, some such suit needs to be brought to force the court to specifically define the difference or identicalness of businesses and persons.

    Business, for one thing, aren't in the Constitution.

  •  ALL EMPLOYEES have lost Religious Freedom (1+ / 0-)
    Recommended by:

    Everyone who is or will ever be an employee or be part of a family of an employee has lost Religious Freedom due to the Republican-Appointed Re-Activist Judges of the Extreme Court and their un-Constitutional decision in the Hobby Lobby case.  

    And, the Con-servative War Against  Religious Freedom and War Against Women will get worse as the decision gets expanded in future cases.

  •  OTC OCP's not a good idea (1+ / 0-)
    Recommended by:

    Oral contraception is not a one size fits all. There are varying levels and kinds of estrogen and/or progesterone in these meds because the variations in how women react to them and the purpose for which they are used.

    There are also a number of serious problems that can arise in women with certain health issues or risk factors either by taking any form of OCP or taking the wrong combination of hormones. If OTC, the likelihood of a woman putting herself at risk by taking the wrong pill is a significant issue.

    From a practical standpoint, guys -- do you really want the woman you love miserable due to having month long menses,  suffering from PMS all month or potentially getting breast cancer or having a stroke, all from using the wrong OCP?

    There are good reasons why these are prescription medications, and why getting these meds should be covered under any health coverage. This a far cry from walking into the store to pick up some trojans. This point is completely lost on the gopt who have no understanding of women's health issues other than to control them.

    The power of willful ignorance cannot be overstated. (Marketing dictum)

    by NWGuy on Wed Jul 02, 2014 at 06:43:10 AM PDT

  •  RF (0+ / 0-)

    Religious Freedom is dead, long live the Christian Theocracy!

  •  You can't make birth control over the counter (0+ / 0-)

    because it will cut into Big Pharmacy's margins and the reason for the existence of the ob-gyn yearly exam.

  •  The Next Escape Claus for Religious Company Owners (0+ / 0-)

    Health insurance is by nature gambling:  you are gambling that you will get sick, thereby justifying your outlay of premiums , and the insurance company is gambling that you will stay well and they will keep your money without having to pay out anything.  

    Bible says gambling is bad, so naturally the company can't be expected to sully their purity by subsidizing gambling.

    Presto! No insurance for you!

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