Court curtails birth control access. Again.

Justices rule employers can stand between female workers and their health care.

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Editorials

July 9, 2020 - 9:40 AM

The United States Supreme Court, from front left, Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Ruth Bader Ginsburg, Associate Justice Samuel Alito, Jr.; from back left, Associate Justice Neil Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan and Associate Justice Brett Kavanaugh pose for their official portrait at the in the East Conference Room at the Supreme Court building Nov. 30, 2018 in Washington, D.C. Photo by (Chip Somodevilla/Getty Images/TNS)

Well, that didn’t take long.

Only days after surprising the nation by striking down a strict anti-abortion law in Louisiana, the Supreme Court under Chief Justice John Roberts reminded Americans once again that it is no friend to reproductive rights, or to the vast majority of women who will use some form of birth control in their lifetime.

In a decision Wednesday, the justices dealt another blow to the birth control mandate under the Affordable Care Act. In the wake of the 7-to-2 ruling in Little Sisters of the Poor v. Pennsylvania, “between 70,500 and 126,400 women would immediately lose access to no-cost contraceptive services,” Justice Ruth Bader Ginsburg noted in her dissent, citing a government estimate.

The Little Sisters of the Poor is an order of Catholic nuns who are religiously opposed to birth control. (Many conservatives wrongly conflate some methods of birth control with abortion.) They’re also opposed to the A.C.A.’s birth-control mandate, which says that insurance plans sponsored by large employers must include preventive care — including all forms of birth control approved by the Food and Drug Administration — at no additional cost. That’s why, if women have insurance through work, they probably have not been charged a co-pay to get birth control pills or an intrauterine device in recent years.

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