Since Gorsuch was nominated Jan. 31, numerous Democratic senators have pointed to one major red flag in his legal opinions during his time on the 10th U.S. Circuit Court of Appeals: How he ruled on Obamacare’s contraceptive coverage mandate.
In Hobby Lobby vs. Sebelius, Gorsuch ruled in favor of the Green family, the owners of the craft store giant that sued the Obama administration over the Affordable Care Act requirement that employers provide contraceptive coverage to its female workers. And when an order of nuns sued the administration with a similar protest in Little Sisters of the Poor Home for the Aged v. Burwell, he sided with the nuns even as the full 10th Circuit denied a rehearing of the case.
Gorsuch’s defenders frame his decisions as a classic case of protecting religious freedom, but pro-abortion rights groups that have mobilized against the nominee argue that installing Gorsuch on the nation’s most powerful court would erode key health protections for women. Gorsuch’s opponents also worry about what his views on religious freedom could mean for gay rights cases were he confirmed to the Supreme Court.