Supreme Court opens term declining church-state disputes

Scotus sidesteps several cases

These are among the cases the Supreme Court rejected Monday:

¢ A bid by religious groups in New York to avoid having to cover contraceptives as part of prescription drug benefits offered to employees.

¢ A review of a California public library policy forbidding religious worship in library meeting rooms.

¢ A plea by Guantanamo Bay detainee Salim Ahmed Hamdan for review of the legality of the military commission system before he goes on trial for war crimes.

¢ Pfizer Inc.’s fight to prevent the sale of a generic version of its best-selling drug for high blood pressure.

¢ A request by tobacco companies, growing out of lawsuits in Florida, to consider making it harder for smokers to prove they were misled by the industry.

¢ Missouri’s effort to reinstate a murder conviction after a defendant successfully claimed that prosecutors engaged in racial discrimination, excluding a woman with “crazy red hair” from the jury.

¢ The Catawba Indian Nation’s effort to win permission, after the state refused, to have video poker machines on its reservation in South Carolina.

The Supreme Court returned to work Monday by sidestepping two church-state cases that social conservatives had hoped the justices would use to chart a rightward course.

The justices decided not to consider a challenge by religious groups to a New York law requiring health plans to cover birth control pills, and a California case in which an evangelical group was denied use of a public library for religious services.

“We were hoping the Supreme Court would provide broader protections for religious liberties, and both these cases were excellent vehicles to do that,” said Jordan Lorence, an attorney representing the evangelical group that was turned away from the library in Antioch, Calif.

Monday’s session – the first of the term – opened with Chief Justice John Roberts, who suffered an unexplained seizure during the summer, actively questioning lawyers in two cases argued before justices.

The cases involved a Washington state dispute over its political primaries and New York City’s challenge of a court ruling forcing it to pay private schooling for a special education student who never tried out public schools.

Monday also marked the publication of Justice Clarence Thomas’ autobiography, “My Grandfather’s Son.” As part of the sales effort for the book, Thomas has sat for lengthy interviews with two television networks and conservative talk radio host Rush Limbaugh.

In court, Thomas was no less reticent than usual, asking no questions during two hours of argument.

One of the two oral arguments was over forcing the city of New York to pay for private schooling for a special education student, a case notable for the fact that the man who sued the city is Tom Freston, a former CEO of Viacom.

Justice Antonin Scalia, among several justices skeptical of Freston’s case, said affluent parents who have no intention of using public schools might think “what the heck, if we can get $30,000 from the city, that’s fine.”

In the argument over the Washington case, the political parties want more say over how candidates identify their party affiliations on the ballot.

Justice David Souter said candidates were unlikely to identify themselves with a party unless they agree broadly with its principles.

Earlier, the court issued a list of cases it would not hear this year. No explanation was given for the justices’ decision not to consider the cases.

Among them was the dispute over a New York state law that forces religious-based social service agencies to subsidize contraceptives as part of prescription drug coverage they offer their employees.

New York is one of 23 states that require employers offering prescription benefits to employees to cover birth control pills as well. The state enacted the Women’s Health and Wellness Act in 2002 to require health plans to cover contraception and other services aimed at women, including mammography, cervical cancer screenings and bone density exams.

Catholic Charities and other religious groups say that New York’s law violates their First Amendment right to practice their religion because it forces them to violate religious teachings that regard contraception as sinful. Religious groups argue that the beliefs of the employer must dominate; their opponents counter that the ethical beliefs of employees must be respected.

“Every state court that has heard this case has affirmed that the law helps to provide access to basic health care. Today’s decision by the Supreme Court not to consider the case protects the religious freedom of women and families,” said JoAnn M. Smith, president and CEO of Family Planning Advocates of New York State.

The New York law has an exemption for churches, and the plaintiffs in the Catholic Charities lawsuit included two Baptist churches. In 2004 before the arrival of Chief Justice John Roberts and Justice Samuel Alito, the court declined to hear a similar case brought by Catholic Charities of Sacramento, Calif., which did not include any churches as plaintiffs.