Gorsuch sparred with Sen. Dick Durbin (D-Ill.) over the judge’s ruling in the Hobby Lobby case, which held that closely held businesses do not have to offer their employees contraceptive coverage that conflicts with the owner’s religious beliefs.
The decision struck down part of the Affordable Care Act and was later affirmed by the Supreme Court. Liberals have said it shows Gorsuch’s hostility to reproductive rights.
Durbin said he could not see how Gorsuch could read the Religious Freedom Restoration Act to include corporations, when it was intended to cover only individuals. But Gorsuch said the law was not written that way and that existing case law made clear that corporations could be considered as having the same rights as individuals. Congress could change that if it thinks otherwise, Gorsuch said.
“If we got it wrong, I’m sorry,” Gorsuch said. “But we did our level-best, and it was affirmed by the Supreme Court.”