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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.20-1501

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.

Proceedings & orders timeline

Apr 23, 2021
Petition for a writ of certiorari filed. (Response due May 27, 2021)
May 7, 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 3, 2021
Reply of petitioners Roman Catholic Diocese of Albany, et al. filed. (Distributed)
Sep 3, 2021
Letter pursuant to Rule 35.3 of Roman Catholic Diocese of Albany, et al. submitted.
Sep 8, 2021
DISTRIBUTED for Conference of 9/27/2021.
Oct 4, 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 1, 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 3, 2021
MANDATE ISSUED.
Dec 3, 2021
JUDGMENT ISSUED.

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