Dive Brief:
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Neil Gorsuch, President Donald Trump’s pick to replace Judge Antonin Scalia on the Supreme Court, has a track record of supporting religious freedom when it conflicts with other mandates, such as the Affordable Care Act’s requirement to provide no-cost contraception.
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Given his pro-life views, Gorsuch was described as “a direct threat to Roe v. Wade and the promise it holds for women’s equality,” by Ilyse Hogue, president of NARAL Pro-Choice America.
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Gorsuch's confirmation is all but assured given the Republican majority in Congress, but Democrats are likely to delay his seating as long as they can.
Dive Insight:
Trump is fulfilling his campaign promise of delivering a pro-life nominee for the nation’s highest court. Although Democrats in the Senate may oppose the nomination, they are unlikely to prevent it. If the Republicans don’t have enough votes for a traditional confirmation, Senate Majority Leader Mitch McConnell can simply change the requirement so that only a simple majority is needed.
Gorsuch is perhaps best known for siding with Hobby Lobby in the controversial 2013 suit in which Hobby Lobby argued that it should not be required to cover contraception in its employer-sponsored health plan, because doing so would conflict with the company founders’ religious beliefs. Hobby Lobby ultimately prevailed when the Supreme Court ruled 5-4 in the company’s favor. He also signed a dissenting opinion in the case of Little Sisters of the Poor, again arguing that the contraception mandate violated religious rights.
Given the speed of change in the healthcare landscape since Trump’s inauguration, adding Gorsuch to the court could have an interesting effect. One case at the intersection of healthcare and religion is the question of whether faith-based health systems should be exempt from regulations governing pension plans. Should the court rule in their favor, faith-based hospitals will benefit from less stringent financial rules. He may also have the opportunity to weigh in on a case involving transgender individuals’ use of a high school bathrooms, an issue that could have implications for healthcare facilities of all types.