At least twice in his impressive career as a federal appellate judge, Supreme Court nominee Judge Neil Gorsuch has issued decisions so constitutionally right that they proved without a shred of a doubt that he was absolutely perfect to serve on the highest court of all.
The first ruling involved Sebelius v. Hobby Lobby — later renamed Burwell v. Hobby Lobby — a case in which Gorsuch joined a majority on the 10th Circuit Court of Appeals in ruling that the family who owned the retail chain Hobby Lobby had the right to reject Obamacare’s contraceptive mandate as a matter of religious freedom.
The unconstitutional mandate had decreed that business owners such as the Green family be mandated to provide female employees with access to abortion-inducing contraceptives, but, as noted by Gorsuch, this amounted to a violation of their religious liberty.
“The ACA’s mandate requires them to violate their religious faith by forcing them to lend an impermissible degree of assistance to conduct their religion teaches to be gravely wrong,” he wrote in 2013.
In 2014, the case made it to the Supreme Court, where a majority made up of Justices Samuel Alito (who wrote the opinion), Anthony Kennedy, John Roberts, Antonin Scalia and Clarence Thomas wound up issuing practically the same judgment made by the lower court a year earlier.
The second ruling pertained to Little Sisters of the Poor v. Burwell, which again related to former President Barack Obama’s draconian contraceptive mandate and its impact on religious freedom. And again Gorsuch ruled against Obamacare, though this time his position was part of the minority opinion.
“He joined a dissenting opinion written to side with the Little Sisters that read: ‘When a law demands that a person do something the person considers sinful, and the penalty for refusal is a large financial penalty, then the law imposes a substantial burden on that person’s free exercise of religion,’” LifeNews reported.
And surprise, surprise … a Supreme Court majority affirmed Gorsuch’s opinion a year later in 2016 by vacating the original ruling in favor of Obamacare and sending the case back to the lower courts, though by that point it had been renamed to Zubik v. Burwell.
At least twice have rulings by Judge Gorsuch perfectly matched those of the Supreme Court. More importantly, though, they provided a conservative, liberty-respecting ruling solidly grounded in the constitutional structure of the United States.
If that doesn’t prove his worth as a potential Supreme Court judge, nothing will.
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H/T The Daily Signal