Many conservatives look back on the confirmation of Supreme Court Justice Brett Kavanaugh as a major victory of Donald Trump’s presidency.
However, a shocking decision from the high court earlier this week has many of those same conservatives wondering if Kavanaugh has begun to veer in the opposite direction of conservatism.
According to Reuters, the Supreme Court opted on Monday not to hear an appeal from Mercy San Juan Medical Center, a Catholic hospital located in the Sacramento, California area.
In doing so, the justices allowed a lawsuit against the facility to proceed. The suit was filed by Evan Minton, a biological female who identifies as a man, who sought to undergo surgery for a hysterectomy performed in 2016.
Refusing certain services
While Minton is claiming discrimination on the basis of gender identity in his lawsuit, Mercy San Juan Medical Center denied that it discriminates against transgender individuals.
Instead, the hospital said it refused to perform a range of medical procedures that conflict with Roman Catholic doctrine, including abortion, sterilization, and euthanasia.
Although Mercy San Juan Medical Center initially scheduled Minton’s appointment, it was later canceled. The facility ultimately let Minton’s doctor carry out the hysterectomy, but only on the grounds that it took place at another hospital.
Minton’s lawsuit was approved by a California appeals court in 2019 after it was first rejected by a trial judge. For its part, the hospital claimed that its actions were protected under the First Amendment.
“This case poses a profound threat to faith-based health care institutions’ ability to advance their healing ministries consistent with the teachings of their faith,” Mercy San Juan Medical Center’s filing before the Supreme Court read.
More bizarre decisions
While Reuters named Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch as among those on the high court who said they wished to hear the appeal, Kavanaugh’s name was not on the list.
This is not the only recent disappointment from Kavanaugh, as Fox News reported that last Friday both he and Justice Amy Coney Barrett both refused to hear an appeal from Maine healthcare workers who are challenging a state-issued COVID-19 vaccine mandate.
Fellow Trump appointee Neil Gorsuch saw the situation differently, writing, “This case presents an important constitutional question, a serious error, and an irreparable injury.” He added that the plaintiffs’ “plight is worthy of our attention.”