Posted originally on the conservative tree house on December 13, 2021 | Sundance | 289 Comments
When New York’s original vaccine mandate for healthcare workers was announced, it included an exemption for religious reasons. However, when the administration changed hands, Governor Hochul removed the religious exemption. A lawsuit was filed. A federal appeals court loss brought the plaintiffs to the Supreme Court requesting an injunction.
Today, the request from the 20 plaintiffs was rejected by the Supreme Court as referred by Justice Sotomayor who covers the New York region. Justices Alito, Gorsuch, and Thomas dissented and would have provide the injunctive relief. However, Chief Justice John Roberts, Amy Coney-Barrett, and Brett Kavanaugh sided with the liberal wing and denied the request. [Full pdf Decision Here]
Thomas, Alito and Gorsuch wrote in their 14-page dissent that Governor Hochul’s record in the case “practically exudes suspicion of those who hold unpopular religious beliefs,” adding, “That alone is sufficient to render the mandate unconstitutional as applied to these applicants.”
Unfortunately, the alignment of Justices Roberts, Barrett and Kavanaugh with the left wing of the court makes future constitutional appeals around the vaccine mandate look increasingly tenuous. Justice Kavanaugh and Justice Barrett have been big disappointments.