The fight over birth control coverage

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Demonstrators react to the Supreme Court decision on Hobby Lobby v. Burwell in 2014.
(AP Photo/Pablo Martinez Monsivais)

BACK AGAIN

On Wednesday, the U.S. Supreme Court will consider whether the Trump administration can make it easier for employers to opt out of providing free birth control through their health insurance plans.

Since 2012, most private insurance plans have been required to cover birth control with no copay under the Affordable Care Act.
In 2018, the Trump administration granted broad exceptions to that rule: For-profit and nonprofit employers with objections on religious or moral grounds could deny birth control coverage.
In the pair of cases now before SCOTUS — Trump v. Pennsylvania and Little Sisters of the Poor v. Pennsylvania — lower courts have temporarily blocked the exceptions from going into effect.

If this seems like familiar territory, it is: This is the third time that the fight over the ACA’s birth control coverage has reached the Supreme Court.

In 2014’s Burwell v. Hobby Lobby, SCOTUS found that requiring family-run businesses to provide birth control to employees violated the Religious Freedom Restoration Act.
As a result, the court provided the same accommodation that the ACA had already granted to religious nonprofits: Companies do not have to provide the coverage, but the government would work with insurance providers to give employees free access to birth control.
Some employers still felt they were indirectly participating in something that violated their religious beliefs. The resulting litigation, Zubik v. Burwell, landed before SCOTUS in 2016. The court ultimately punted, and the case was never resolved in lower courts.

A few things have changed since the court last took up a challenge on the contentious mandate.

The Trump administration’s rules introduced not only greatly expanded religious exemptions, but now includes the ability to object on moral grounds.
This is the first time that Neil Gorsuch and Brett Kavanaugh, who gave the court a conservative tilt, will have a chance to weigh in.
You’ll be able to listen in! Due to the coronavirus, oral arguments before the famously technology-averse court can be streamed live for the first time.

— Abby Johnston

CLOSED-MINDED

When asked if barber shops and hair salons should be open now, 76 percent of women said they should not, versus 60 percent of men, according to a Washington Post–University of Maryland poll.

The poll found that more women also believe nail shops should stay closed (82 percent versus 65 percent), as well as dine-in restaurants (81 percent versus 66 percent) and gun stores (82 percent versus 56 percent).

What we're reading

Second-trimester miscarriage attributed to coronavirus infection of the placenta. Researchers and doctors are continuing to track what effects COVID-19 has on pregnant women and fetal health. (CNBC, May 1)

'A resume for future office': Virus tests South Dakota Gov. Kristi Noem. Noem has become a national figure since the pandemic started. But she was already on the radar of high-profile Republicans. (Associated Press, May 5)

When Maternity Wards in Black Neighborhoods Disappear. At least three hospitals in Englewood, a Chicago neighborhood that is 95 percent black, have stopped delivering babies. While women can travel a few miles to another facility, “research has shown that black patients receive better care and communication when they see black doctors.” (The New York Times, May 5)

For Arab women and girls, the crisis is just beginning. Women in the Arab region face myriad challenges during the pandemic, including being less likely to have internet connections and more likely to be illiterate. This leaves many of them without reliable access to information about the coronavirus and how best to protect themselves. (Al Jazeera, May 4)

New campaign school aims to get more Texas women to run for office. The gulf between men and women running for office may be narrowing, but it still exists. The new LBJ Women’s campaign school at the University of Texas at Austin is launching virtual training sessions as a way to encourage more women to run for office or get involved in political campaigns. (Dallas Morning News, May 1)

🎧 Listen: The U.S. Women’s Soccer team lost its equal pay lawsuit. The reasons why are complicated, but Slate’s Hang Up and Listen podcast breaks down what happened.

📺 Watch: The Netflix documentary "Becoming" follows former first lady Michelle Obama on her 34-city book tour, offering glimpses of her upbringing, family life and eight years in the White House. It begins streaming May 6.

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