The Supreme Court Shouldn’t Let New York Keep Forcing Nuns to Pay for Abortions

In an early application of the Supreme Court’s unanimous decision in Catholic Charities Bureau v. Wisconsin last week, a group of nuns, churches, and other religious ministries is sparring with New York over what the Supreme Court should do about a pending petition over New York’s abortion-coverage mandate for employment health plans.

New York’s mandate, like Wisconsin’s scheme, discriminates along theological lines — i.e., proselytizing faiths are protected, non-proselytizers are not. The nuns’ case is back before the Supreme Court for a second time, after the Court granted, vacated, and remanded (GVR’d) it in 2021 for reconsideration in light of Fulton v. City of Philadelphia.