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.
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.
SCOTUSblog Coverage
- Court declines to hear cases on religious rights, surveillance rulings (Amy Howe, November 1, 2021)
- No new relists, but you should read anyway (John Elwood, October 27, 2021)
- Foreign intelligence surveillance and immigration (John Elwood, October 14, 2021)
- Free exercise, greenhouse-gas regulation, and a slew of other relists from the long conference (John Elwood, October 5, 2021)
- Court issues orders from “long conference,” but relists some high-profile cases (Amy Howe, October 4, 2021)
- More warrantless searches, more abortion and more Second Amendment (Andrew Hamm, May 21, 2021)
| Date | Proceedings and Orders (key to color coding) |
|---|
| Apr 23 2021 | Petition for a writ of certiorari filed. (Response due May 27, 2021) |
| May 07 2021 | Motion to extend the time to file a response from May 27, 2021 to June 28, 2021, submitted to The Clerk. |
| May 10 2021 | Motion to extend the time to file a response is granted and the time is extended to and including June 28, 2021. |
| May 25 2021 | Brief amici curiae of Jewish Coalition For Religious Liberty filed. |
| May 25 2021 | Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed. |
| May 26 2021 | Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed. |
| May 27 2021 | Brief amici curiae of Eight Legal Scholars filed. |
| May 27 2021 | Brief amici curiae of States of Texas, Alabama, et al. filed. |
| May 27 2021 | Brief amici curiae of The Bruderhof, et al. filed. |
| Jun 14 2021 | Motion to extend the time to file a response from June 28, 2021 to August 23, 2021, submitted to The Clerk. |
| Jun 15 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including August 23, 2021. |
| Aug 23 2021 | Brief of respondent Linda A. Lacewell; NY State Department of Financial Services in opposition filed. |
| Sep 03 2021 | Reply of petitioners Roman Catholic Diocese of Albany, et al. filed. (Distributed) |
| Sep 03 2021 | Letter pursuant to Rule 35.3 of Roman Catholic Diocese of Albany, et al. submitted. |
| Sep 08 2021 | DISTRIBUTED for Conference of 9/27/2021. |
| Oct 04 2021 | DISTRIBUTED for Conference of 10/8/2021. |
| Oct 12 2021 | DISTRIBUTED for Conference of 10/15/2021. |
| Oct 25 2021 | DISTRIBUTED for Conference of 10/29/2021. |
| Nov 01 2021 | Petition 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 2021 | MANDATE ISSUED. |
| Dec 03 2021 | JUDGMENT ISSUED. |
