Abortion Coverage Mandate Gets Skepticism From NY Top Court

Judges on New York’s highest court questioned whether the state’s insurance coverage requirements for medically necessary abortions are constitutional, referencing a 2021 US Supreme Court decision at oral arguments Tuesday.

The New York Department of Financial Services’ 2017 regulations improperly give the state discretion to “pick winners and losers” when deciding which religious organizations are exempt, said Noel Francisco of Jones Day, arguing for the Roman Catholic Diocese.

The regulations, which require health insurance policies in the state to provide coverage for medically necessary abortions, must provide an exemption for religious employers who certify that their purpose is to teach ...