In the Hobby Lobby case:
Justice Elena Kagan also vigorously defended the coverage rule, arguing that Hobby Lobby and Conestoga were not being forced to provide insurance coverage and could simply choose not to by paying $2,000 per year per employee—an amount far lower than the cost of health insurance.
We’re not going to force you to do anything. You’re perfectly free to choose to be punished rather than to obey.
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