On the third day of Supreme Court nominee Brett Kavanaugh’s confirmation hearing in front of the Senate Judiciary Committee, he referred to contraception as “abortion-inducing drugs.”
Judge Kavanaugh was responding to a question from Sen. Ted Cruz (R-Texas) on Thursday about his 2015 dissent in the Priests for Life v. HHS case. Kavanaugh had sided with the religious organization, which didn’t want to provide employees with insurance coverage for contraceptives.
Priests for Life, a Catholic group that opposes abortion rights, filed a lawsuit against the Department of Health and Human Services in 2013 over the provision under the Affordable Care Act that required certain health care providers to cover birth control. The group argued that the provision was a violation of the Religious Freedom Restoration Act ― the same premise of the Hobby Lobby lawsuit in 2014.
A panel of the U.S. Court of Appeals for the D.C. Circuit ruled against Priests for Life in 2014. When the group tried and failed to get a full court hearing the next year, Kavanaugh dissented to lay out why he would have ruled for them.
This year, the group celebrated Kavanaugh’s nomination.
“We at Priests for Life have personal experience of Judge Kavanaugh’s approach to religious freedom, because he sided with us when we had to defend our religious freedom in the D.C. Circuit Court of Appeals,” Father Frank Pavone, the organization’s national director, said in July.