SCOTUS GVRs Roman Catholic Diocese of Albany Back to New York Purgatory

This case has been pending for nearly a decade, and has been remanded after both Fulton and Catholic Charities Bureau.

For nearly a decade, the Roman Catholic Diocese of Albany has challenged New York's law mandating that insurance policies cover abortions. A cert petition was first filed in April 2021.But in November 2021, the Court GVR'd the case in light of Fulton. In May 2024, the New York Court of Appeals found that Fulton changed nothing.

In July 2024, the Diocese petitioned for cert a second time. The case sat on the docket for nearly a year. On June 5, the Court decide Catholic Charities Bureau. On June 9, the Court scheduled the Diocese petition for the June 12 conference. The Diocese urged the Court to summarily reverse in light of the Wisconsin case:

This Court's unanimous ruling in Catholic Charities Bureau, Inc. v. Wisconsin Labor & Industry Review Commission, 605 U.S. ----, 2025 WL 1583299 (June 5, 2025), controls the initial question presented in this matter. Unless the Court wishes to grant the petition for other reasons, summary reversal is warranted. Granting the petition to vacate the decision below for a second time and remanding for yet further consideration would needlessly prolong this matter, imposing significant burdens on Petitioners and other religious organizations.

Unsurprisingly, New York sought a remand to keep the case on ice.

Today, nearly a year after the most recent cert petition was filed, and more than four years after the first petition was filed, the Court GVR'd the case in light of Catholic Charities Bureau.

It is difficult to describe how much time and effort has been spent on this case, amid two major landmark rulings. Yet, at least five members of the Court sent the Diocese back to New York purgatory. And I'm willing to bet that Justice Barrett, the Court's premier procedural formalist, was unwilling to grant a summary reversal. Much more on Justice Barrett tomorrow.