On Monday, only three U.S. Supreme Court justices voted to block a New York state COVID vaccine mandate that impacts health care workers and does not leave room for a religious exemption. Justices Clarence Thomas, Neil Gorsuch, and Samuel Alito voted against the mandate, but they were the minority.
Because of this, an appeal filed by a group of 20 Christian healthcare workers, nurses, physicians, and medical professionals was rejected by the Supreme Court.
"Now, thousands of New York healthcare workers face the loss of their jobs and eligibility for unemployment benefits," Justice Gorsuch wrote in a 14-page opinion, as reported by CBN News. Judge Alito joined the opinion.
In New York State, Democratic Governor Andrew Cuomo originally allowed a religious exemption to the COVID vaccine mandate for healthcare workers. However, it was soon revised to allow medical exceptions and not religious exemptions right before it went into effect in late August under Gov. Kathy Hochul's leadership.
The New York state COVID vaccine mandate for healthcare workers is especially harsh as it also denies unemployment benefits to those who refuse to get the vaccine after seeking a religious exemption. Two other states do not accommodate healthcare workers who refuse to get the COVID vaccine for religious reasons. These states are Maine and Rhode Island.
Justice Gorsuch wrote in his dissent that the situation with the healthcare workers refusing the COVID vaccine is similar to the World War II-era Jehovah's Witnesses school children refusing to stand and salute the American flag for the Pledge of Allegiance for religious reasons. The U.S. Supreme Court first declined to intervene when Pennsylvania public schools expelled the children who claimed religious exemptions.
The Supreme Court initially did not want to intervene, but after three years the justices overruled the earlier case, resulting in a landmark decision that ordered schools not to force students to salute the flag or recite the pledge.
Justice Gorsuch also lamented how "We allow the State to insist on the dismissal of thousands of medical workers-the very same individuals New York has depended on and praised for their service on the pandemic's front lines over the last 21 months."
"To add insult to injury, we allow the State to deny these individuals unemployment benefits too," the Trump-nominated judge wrote. "One can only hope today's ruling will not be the final chapter in this grim story."
Meanwhile, New York Attorney General Letitia James insisted that the state's COVID vaccine mandate was not hostile to religious beliefs, CNBC reported. James wrote in a court brief that the mandate "serves rather than undermines the rule's objective of protecting the health of healthcare workers."
According to the New York State website, 97% of hospital workers are fully vaccinated as of December 8. In October, Forbes reported that Northwell Health, New York State's largest healthcare provider, let go of up to 1,400 of its employees after they refused to get the COVID vaccine.
According to a Northwell Health spokesperson, it was important for them to have a fully vaccinated workforce as it is "an important measure in our duty to protect the health and safety of our staff, our patients and the communities we serve." The healthcare provider took the New York state vaccine mandate a step further by requiring both clinical and nonclinical staff to be fully vaccinated against COVID.
