December 16, 2021
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The U.S. Supreme Court on Monday denied an emergency bid to block enforcement of New York’s coronavirus vaccine mandate for health care workers.
The legal challenge was filed by a group of 20 doctors and nurses who argued that the state’s vaccine mandate violates the First Amendment to the Constitution because it fails to include a religious exemption.
The request for a temporary injunction had been presented to Justice Sonia Sotomayor, who is assigned to handle cases from New York. The court denied that request in a one-line order that did not provide any reasoning or explanation.
Justices Clarence Thomas, Neil Gorsuch and Samuel Alito — three of the court’s six-member conservative majority — said in the order that they would have granted the bid to block the mandate.
The ruling comes amid reports that some health care providers have opted not to enforce vaccine requirements for their workers, as they grapple with labor shortages that existed even before the Covid pandemic began.
In a 14-page dissent, Gorsuch said New York’s mandate “falters at each step” to show that it is narrowly written to serve a compelling state interest.
In November, the petitioners had asked the Supreme Court to temporarily block “New York’s ban on religious exemptions for healthcare workers opposed to mandatory COVID vaccination,” or to temporarily block the rule and then take up the case for briefing and oral argument.
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