In a case involving the state's regulation requiring employers to provide abortion insurance coverage, New York's highest court wouldn't even hear an appeal. In Roman Catholic Diocese of Albany v. Vullo, religious objectors--to whom abortion is, for some, the equivalent of killing a human being and, for others, akin to it--were seeking an exemption on tha basis of religious liberty. But apparently, the Judges of New York's highest court didn't even think that the fundamental right of free exercise of religion is serious enough to deserve a hearing.Here is the entirety of the Court of Appeals' ruling:
On the Court's own motion, appeal dismissed,without costs, upon the ground that no substantialconstitutional question is directly involved.Motion for leave to appeal denied with one hundreddollars costs and necessary reproductiondisbursements.Chief Judge DiFiore and Judges Rivera, Stein,Garcia, Wilson and Feinman concur.Judge Fahey dissents and votes to retain the appeal.(Mo. No. 2020-549, Nov. 24, 2020) [My emphasis added.
"No substantial constitutional question." And "On the Court's own motion." It is difficult to see anything but contempt on the part of the court for sincere, central religious beliefs and for genuine claims that constitutional religious liberty is being violated. Regardless of how the court would or should ultimately have ruled after an appeal, the refusal to even hear the appeal seems inexcusable.
the trial judge denied the religious objection;
the Appellate Division (the state's intermediate court) affirmed that denial;
and the Court of Appeals (the state's highest court) deemed the case unworthy to hear.
So...MONDAY, NOVEMBER 1, 2021CERTIORARI -- SUMMARY DISPOSITIONS20-1501 ROMAN CATHOLIC DIOCESE, ET AL. V. EMAMI, SHIRIN, ET AL.The petition for a writ of certiorari is granted. Thejudgment is vacated, and the case is remanded to the AppellateDivision, Supreme Court of New York, Third Judicial Departmentfor further consideration in light of Fulton v. Philadelphia,593 U. S. ___ (2021). Justice Thomas, Justice Alito, andJustice Gorsuch would grant the petition for a writ ofcertiorari.