NEW YORK – The Supreme Court has asked a lower court to review a case in which the lower court upheld a New York regulation that requires health insurance plans to cover abortions. The regulation exempts certain religious organizations.
In a short order Monday, the higher court overturned the lower court’s ruling and sent the case back for reconsideration in light of a case the Supreme Court decided earlier this year on religious freedom issues. It is not uncommon for the higher court to order a lower court to review a case when an intervening decision of the Supreme Court could affect the thinking of a lower court on the matter.
Three judges, Clarence Thomas, Samuel Alito and Neil Gorsuch, said the higher court should have heard the case rather than sent it back.
New York noted that its 2017 regulation made explicit what was previously implicit: that health insurance policies issued in the state must cover “medically necessary abortion services.” Those who challenge the regulation say that religious groups whose “purpose” is to promote religious values and who primarily employ and serve people of the same religion are exempt. But they say the regulation requires religious organizations to cover abortions if they have a broader religious mission or “if they employ or serve people regardless of their faith.”
A group of religious organizations filed a lawsuit, arguing that the mandate violates the constitution by imposing “severe burdens on their religious exercise.” Two lower courts had sided with the state.
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