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

Issue: (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 2, 2021)
No new relists, but you should read anyway (John Elwood, October 27, 2021)
Foreign intelligence surveillance and immigration (John Elwood, October 14, 2021)
Court issues orders from long conference, but relists some high-profile cases (Amy Howe, October 5, 2021)
Free exercise, greenhouse-gas regulation, and a slew of other relists from the long conference (John Elwood, October 5, 2021)
More warrantless searches, more abortion and more Second Amendment (Andrew Hamm, May 21, 2021)

Date	Proceedings and Orders (key to color coding)
04/23/2021	Petition for a writ of certiorari filed. (Response due May 27, 2021)
05/07/2021	Motion to extend the time to file a response from May 27, 2021 to June 28, 2021, submitted to The Clerk.
05/10/2021	Motion to extend the time to file a response is granted and the time is extended to and including June 28, 2021.
05/25/2021	Brief amici curiae of Jewish Coalition For Religious Liberty filed.
05/25/2021	Brief amicus curiae of Wisconsin Institute for Law & Liberty, Inc. filed.
05/26/2021	Brief amici curiae of The Church of Jesus Christ of Latter-day Saints, et al. filed.
05/27/2021	Brief amici curiae of Eight Legal Scholars filed.
05/27/2021	Brief amici curiae of States of Texas, Alabama, et al. filed.
05/27/2021	Brief amici curiae of The Bruderhof, et al. filed.
06/14/2021	Motion to extend the time to file a response from June 28, 2021 to August 23, 2021, submitted to The Clerk.
06/15/2021	Motion to extend the time to file a response is granted and the time is further extended to and including August 23, 2021.
08/23/2021	Brief of respondent Linda A. Lacewell; NY State Department of Financial Services in opposition filed.
09/03/2021	Reply of petitioners Roman Catholic Diocese of Albany, et al. filed. (Distributed)
09/03/2021	Letter pursuant to Rule 35.3 of Roman Catholic Diocese of Albany, et al. submitted.
09/08/2021	DISTRIBUTED for Conference of 9/27/2021.
10/04/2021	DISTRIBUTED for Conference of 10/8/2021.
10/12/2021	DISTRIBUTED for Conference of 10/15/2021.
10/25/2021	DISTRIBUTED for Conference of 10/29/2021.
11/01/2021	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.
12/03/2021	MANDATE ISSUED.
12/03/2021	JUDGMENT ISSUED.