——Why don’t they refuse to comply instead?-——
Simple: cowardice. If the bishops won’t excommunicate flagrant sinners like Pelosi, there’s no way they’re going to advocate civil disobedience.
Civil disobedience would be justifiable, but it’s hard to think of an effective tactic. The IRS would seize Church bank accounts. Odumbo is smart enough not to drag nuns out of hospitals in handcuffs.
OTOH, charity will continue at a personal and church level. This may improve the health of the Church, overall.
The civil disobediance must not come from the clergy, but from the people of faith.
If the thinking has cowardice as the starting point.
The Church should begin excommunicating all the deviant nuns and teachers; demand strict compliance with the Catholic dogma in all her institutions; state firmly that she will not comply with any form of contraception mandate and ask the faithful not to comply; pull the assets from unaffiliated banks and don't pay any fines.
A principled approach will draw faithful to the Church and expel those who should have left a long time ago.