Why the Gabbard-Hirono Feud Matters for the Federal Courts

There has been much press in the past week over U.S. Representative Tulsi Gabbard’s op-ed in The Hill, which criticized fellow Democrats for having “weaponized religion for their own selfish gain.” Gabbard called out members of the Senate Judiciary Committee for specific questions and statements they had directed to Catholic judicial nominees over the past two years, including Senator Diane Feinstein’s comment to then-Seventh Circuit nominee Amy Coney Barrett that “the dogma lives loudly within you” and the aggressive questioning of district court nominee Brian Buescher by Senators Mazie Hirono and Kamala Harris over his membership in the Knights of Columbus. These statements and questions, Gabbard argued, amounted to religious bigotry against Catholics.

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Zubik v. Burwell: The Supreme Court Punts on Religious Nonprofits’ Challenge to the Affordable Care Act Contraceptive Coverage Opt-Out

Last month, the U.S. Supreme Court declined to weigh in on the merits of religious nonprofit organizations’ challenge to the Patient Protection and Affordable Care Act’scontraceptive coverage religious opt-out regulations. The regulations allow religious nonprofits to avoid the legal responsibility of covering contraceptives in their health insurance plans by providing notice that they object to doing so on religious grounds.

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