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A simple solution to Hobby Lobby outrage

Are you outraged by the Supreme Court's Hobby Lobby decision? Are you convinced that this means "mean old men" in black robes and sitting in corporate suites are now making adverse decisions about women's health?

There's a very simple solution to this problem.

WARNING! The following article is not meant for the political types on the Right and Left who are looking to exploit the Hobby Lobby decision for votes, headlines, and general fear-mongering. You guys can go sit in a corner for a few minutes please. I'll get back to you later. Right now, this is for the non-politician REAL people who are upset because they believe this ruling will restrict access to drugs that are essential to reproductive freedom and women's health.




Supporters of employer-paid birth control rally in front of the Supreme Court before the decision in Burwell v. Hobby Lobby Stores was announced June 30, 2014 in Washington, DC.
Getty Images
Supporters of employer-paid birth control rally in front of the Supreme Court before the decision in Burwell v. Hobby Lobby Stores was announced June 30, 2014 in Washington, DC.

You can sum up the solution in just three letters: OTC.

If you're really worried about access, cost and even innovation in birth control and even abortion-inducing drugs, the answer is making these drugs available over the counter without a prescription.

Read MoreWhat the Hobby Lobby ruling means

First, let's talk cost. Even with the prescription requirements, the cost of buying birth control in America is extremely low. Walmart, Target and the explosion of nationwide drug-store chains have helped bring those costs down over the past 25 years. But the prices would go even lower as all drugs do when they make the shift from RX to OTC availability.

Second, let's talk safety. Did you know that the American College of Obstetricians and Gynecologists officially recommended that birth-control pills be made available over the counter more than a year and a half ago? Well, it did and it noted all the relevant medical concerns and responsibly blew them all away.

Third, let's talk reality. Could this work? Well, it works in 91 countries all over the world. And the journal "Contraception" looked at the statistics and determined the practice was overwhelmingly safe.

Okay now we can invite the political types back into the room because sadly, we won't be able to make this happen without them.

Read MoreWhite House: Ruling jeopardizes women's health

But there's good news here, too. It's not just liberal types who want to improve access to birth control with little or no restrictions.

Conservative Republican Louisiana Governor Bobby Jindal jumped on this issue almost immediately after the American College of Obstetricians and Gynecologists called for making birth control available over the counter. In a December 2012 speech, Jindal insisted that anti-abortion Republicans must not be the enemies of birth control for many reasons especially political ones. Jindal rightfully predicted that the Democrats would make birth-control access a weapon to use against the GOP, and he has been calling for the OTC solution as a way to disarm that weapon ever since.

GOP candidate Cory Gardner, who is running for Senate against Democrat incumbent Mark Udall in the swing state of Colorado, has just called for OTC birth control in response to the Hobby Lobby decision. Other GOP candidates should and will do the same. It would also be nice if the fear-mongering Democrats would practice what they preach about access and get on board as well. Some of them will at least say they favor the idea.

Of course, this all comes back to the free market. Back in 2001, Nobel Laureate economist Milton Friedman studied the health-care market and showed how the biggest problems with access and pricing were due to third parties getting involved in the process. Friedman determined that whether it was Medicare, Medicaid, private insurance companies or employers, anyone getting between the consumer and the treatment was likely to drive prices higher, reduce supply or both.

Read MoreObamacare: You can't fix stupid

Getting the government regulators out of the birth-control business will do more to solve any access issues better than the courts or the other two branches of the government ever could. I know getting Washington out of health care is an idea that makes lots of liberals squirm, but I'm betting when it comes to making birth control available over the counter, they'll make an exception. Smart Republicans already are in favor of it, doctors are in favor of it, and the drug makers usually get very, very happy when drugs make the RX-to-OTC move.

Considering the fact that this is also what the consumer wants, my only fear is that this solution to the Hobby Lobby hullabaloo is TOO perfect.

Commentary by Jake Novak, supervising producer of "Street Signs." Follow him on Twitter @jakejakeny.

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