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United States Supreme Court Building
the Supreme Court of the United States again refused on Monday to block the vaccination mandate for healthcare workers. The vote was 6 to 3.
NPR reports that this was the second time the court has refused to block such a state vaccine mandate for healthcare workers. As in an earlier Maine case, New York State only grants one warrant exemption, and this is a narrow medical exemption for those who experienced a severe allergic reaction after a previous dose of the drug. vaccine or a component of COVID-19[female[feminine vaccine.
This is the standard recommended by the CDC after finding that vaccines are safe for people who are immunocompromised, pregnant women, and people with underlying conditions.
The six-judge majority also included the tribunal’s three Liberals and three of its Conservative justices – Justices Brett Kavanaugh, Amy Coney Barrett and Chief Justice John Roberts.
They wrote no opinion, simply rejecting an emergency request asking the court to block the law.
New York, like Maine before it, has argued that the whole purpose of the mandate is to demand high levels of compliance in order to protect patients from contagion and stem the pandemic as new variants emerge.
In its brief, the State noted that the COVID-19 vaccination the rules are the same as the pre-existing measles and rubella vaccine requirements that have been in place for decades.
The state agreed that, to the extent possible, federal law requires employers to provide reasonable accommodations to religious objectors, but noted that this does not require employers to provide objectors with their preferred accommodation – namely a general religious exemption allowing them to continue working at their current position without being vaccinated.
Justices Clarence Thomas, Neil Gorsuch and Samuel Alito were dissenting. Gorsuch, writing for himself and Alito, argued that religious objectors are not eligible for unemployment compensation, and that the state’s mandate “exudes suspicion from those with unpopular religious beliefs.”
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