In their supplemental brief, the challengers said they were perfectly happy with the Court’s “compromise” plan—as long as contraceptive coverage was “provided through a separate policy, with a separate enrollment process, a separate insurance card, and a separate payment source.” This segregation of contraception, however, was precisely what the government was seeking to avoid. It had argued that contraceptive coverage must be “seamless,” offered as part of the regular coverage. Government studies show that this is needed to make sure that women are actually able to use the benefit, without paying a separate premium or needing to find a different provider—both of which reduce their usage of contraception significantly.
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