SCOTUS GVRs Roman Catholic Diocese of Albany c. Lacewell and Nies Cert in Dignity Health; Judges Thomas, Alito and Gorsuch would have granted Cert

Today the Supreme Court GVR Roman Catholic Diocese of Albany c. Lacewell the light at Fulton. I blogged about this case last month, which involves a New York mandate that insurance policies must cover abortions. The case was GVR after four conferences. Once again Judges Thomas, Alito and Gorsuch reported that they would have granted the certificate. Through the process of elimination, we know that neither Judges Kavanaugh nor Barrett voted to grant cert. And, once again, signaling three dissent, the Court’s Conservatives shone a light on their new colleagues.

It is very obvious to me that Judges Kavanaugh and Barrett have no interest in deciding another free practice clause case now – especially after the denial of review in the Maine Case. Barrett pointed out that there were not four votes for cert. She would know – she was the fourth potential vote for the exam that voted no!

For now at least, Justices Thomas, Alito and Gorsuch are alone in court to provide advice on how to apply. Fulton.

Now it is time to listen to the oral arguments on abortion. Today at 1 ET / 12 CT, I speak to the Texas Tech Federalist Society Chapter. I will recap the arguments. Stay tuned for a YouTube link.

Update: The Court also refused the attestation Dignity Health c. Minton. This briefcase had also been distributed to four conferences. Dignity Health, Inc. v. Minton presents the question of whether a California Catholic hospital may be required to perform a hysterectomy on a transgender patient. Again, justices Thomas, Alito and Gorsuch would have granted cert. Justices Kavanaugh and Barrett weren’t even in favor of a GVR here.

From now on, neither of the two cases will be pending 303 Creative. There will probably also be a refusal in this case.


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