The U.S. Supreme Court has said that New York can proceed with its COVID-19 vaccine mandate for nursing home employees and other healthcare workers even though it does not grant religious exemptions.
The High Court on Monday rejected plaintiffs in two cases who had made emergency requests for an injunction while the mandate is battled in lower courts. The nation’s top court, which joined a lower federal court in rejecting the bid, had previously rebuffed similar challenges, including one in Maine. A New York state judge had originally held up the challenge to the mandate.
It is not known what impact Monday’s decision might have, if any, regarding challenges to the White House’s call for a nationwide healthcare worker COVID-19 vaccination mandate. That proposal is currently on pause due to temporary injunctions issued by two U.S. District Courts earlier this month. Neither of those cases is headed for the Supreme Court yet, though many believe that could be its ultimate destination.
The challengers in New York included 16 doctors and a nurse, who were fired or suspended under what they call a “medical dictatorship.” The nurse eventually received the vaccine in order to save her job. The plaintiffs said the vaccine mandate is a form of religious discrimination that is barred under the First Amendment, and civil law. The Supreme Court disagreed in a 6-3 vote, with Justices Gorsuch, Thomas and Alito dissenting.
New York’s policy allows employers to consider exemptions for religious reasons, which could lead to accommodations such as remote work. Eligible for medical exemptions is a small group of people who could suffer serious allergic reactions to the shot.
Health officials pointed out that the COVID-19 mandate is the same as stipulations for healthcare workers regarding measles and rubella shots.
On Aug. 26, New York’s department of health announced that healthcare workers had a month to become vaccinated. That deadline was later delayed almost two months, until Nov. 22.
Since then, vaccination mandates that were issued by the White House aimed at healthcare workers, large private employers and federal contractors have been tied up by temporary federal injunctions.
A large number of the plaintiffs in Monday’s rejected cases are Roman Catholic. Last year, the Vatican issued guidance to church members saying it is morally permissible to accept COVID-19 vaccinations.The vaccination rate among U.S. nursing home workers had risen to about 75.9% as of Nov. 28, according to the most recent data available from the Centers for Medicare & Medicaid Services. Localized rates vary widely, however, with some counties and states still languishing below 50%, officials have said.
