Ramesh Ponnuru, Columnist

Tim Kaine's Dishonorable Distortion on Gorsuch

The Democratic senator makes insupportable insinuations about the court nominee's views on contraception.

He can't have it both ways.

Photographer: Drew Angerer/Getty Images
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Senator Tim Kaine is going to great lengths to pretend that Judge Neil Gorsuch may wish to overturn the right to contraception that has been part of the Supreme Court’s jurisprudence for more than 50 years. The Virginia Democrat is twisting Judge Gorsuch’s words for this purpose.

Those words come from a case in which Hobby Lobby, the craft-store chain, sought an exemption from the Obama administration’s requirement that its health-insurance coverage include forms of contraception to which it objected. The Religious Freedom Restoration Act says that a government may impose a substantial burden on a believer’s exercise of religion only when it is the least restrictive means of furthering a compelling governmental interest. Otherwise, the believer has to be exempted from the policy that imposes the burden.