Supreme Court Orders Rehearing on New York’s Abortion Coverage Mandate

Supreme Court Reconsideration of New York’s Abortion Coverage Mandate

The U.S. Supreme Court has directed a lower court to revisit a contentious case revolving around New York’s requirement for employer-sponsored health plans to include abortion coverage. This decision follows a recent Supreme Court ruling favoring a Catholic charitable organization.

In a recent ruling, the Supreme Court vacated a judgment from the New York Court of Appeals, which had opposed a Roman Catholic diocese and other religious groups challenging the state’s abortion mandate. This action was influenced by a unanimous decision earlier this month in the case of Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Comm’n.

The earlier case involved the Catholic Charities Bureau of the Diocese of Superior, where the justices determined that Wisconsin could not refuse the Bureau’s request for a religious exemption to an unemployment insurance program, despite state officials deeming its activities too secular.

The remand of Diocese of Albany v. Harris by the Supreme Court signifies that the decision in Catholic Charities Bureau now serves as a binding precedent.

The Becket Fund for Religious Liberty, which represents the challengers of New York’s abortion mandate, highlighted in a statement that the state initially included a broad exemption for employers with religious objections. However, this was later narrowed to apply only to those with a specifically religious mission.

New York courts had previously ruled against the plaintiff organizations, noting that they serve all individuals, irrespective of faith. This aligns with a 2021 directive from the U.S. Supreme Court for the New York Court of Appeals to review the case based on its decision in Fulton v. City of Philadelphia. The Fulton ruling prohibited Philadelphia from excluding a Catholic charity from its foster care program due to its stance against placing children with same-sex couples.

Despite this, the New York Court of Appeals maintained its stance against the religious organizations, leading to another appeal to the Supreme Court. Eric Baxter, Vice President and Senior Counsel for Becket, expressed his views on the matter, stating, “New York wants to browbeat nuns into paying for abortions for the great crime of serving all those in need.” He further emphasized that the Supreme Court’s decision reinforces that such “bully tactics” have no place in American law.

Noel Francisco, from the law firm Jones Day, which also represents the plaintiffs, remarked on the necessity for religious groups to maintain their beliefs. “We are confident that New York will finally get the message and stop discriminating against religious objectors,” Francisco noted.