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Roman Catholic Diocese of Albany v. Emami

The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the Appellate Division, Supreme Court of New York, Third Judicial Department for further consideration in light of Fulton v. Philadelphia, on Nov. 1, 2021.
Docket No. Op. Below Argument Opinion Vote Author Term
20-1501 N.Y. App. Div. N/A N/A N/A N/A OT 2021

Issues: (1) Whether New York’s regulation mandating that employer health insurance plans cover abortions, which burdens a subset of religious organizations by forcing them to cover abortions, is “neutral” and “generally applicable” under Employment Division v. Smith and Church of the Lukumi Babalu Aye Inc. v. City of Hialeah; (2) whether New York’s mandate interferes with the autonomy of religious entities, in violation of the religion clauses of the First Amendment; and (3) whether — if, under the rule announced in Smith, the free exercise clause of the First Amendment allows states to demand that religious entities opposing abortions subsidize them — Smith should be overruled.

DateProceedings and Orders (key to color coding)
Apr 23 2021Petition for a writ of certiorari filed. (Response due May 27, 2021)
May 07 2021Motion to extend the time to file a response from May 27, 2021 to June 28, 2021, submitted to The Clerk.
May 10 2021Motion to extend the time to file a response is granted and the time is extended to and including June 28, 2021.
May 25 2021Brief amici curiae of Jewish Coalition For Religious Liberty filed.
May 25 2021Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed.
May 26 2021Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed.
May 27 2021Brief amici curiae of Eight Legal Scholars filed.
May 27 2021Brief amici curiae of States of Texas, Alabama, et al. filed.
May 27 2021Brief amici curiae of The Bruderhof, et al. filed.
Jun 14 2021Motion to extend the time to file a response from June 28, 2021 to August 23, 2021, submitted to The Clerk.
Jun 15 2021Motion to extend the time to file a response is granted and the time is further extended to and including August 23, 2021.
Aug 23 2021Brief of respondent Linda A. Lacewell; NY State Department of Financial Services in opposition filed.
Sep 03 2021Reply of petitioners Roman Catholic Diocese of Albany, et al. filed. (Distributed)
Sep 03 2021Letter pursuant to Rule 35.3 of Roman Catholic Diocese of Albany, et al. submitted.
Sep 08 2021DISTRIBUTED for Conference of 9/27/2021.
Oct 04 2021DISTRIBUTED for Conference of 10/8/2021.
Oct 12 2021DISTRIBUTED for Conference of 10/15/2021.
Oct 25 2021DISTRIBUTED for Conference of 10/29/2021.
Nov 01 2021Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Fulton v. Philadelphia, 593 U. S. ___ (2021). Justice Thomas, Justice Alito, and Justice Gorsuch would grant the petition for a writ of certiorari.
Dec 03 2021MANDATE ISSUED.
Dec 03 2021JUDGMENT ISSUED.