WASHINGTON (AP) – The United States Supreme Court has rejected an emergency appeal filed by health workers in Maine to block the requirement to get vaccinated against COVID-19 that took effect on Friday.
Three conservative judges recorded their disagreement with the ruling. The state does not offer a religious exemption for hospital and nursing home workers, who risk losing their jobs if they are not vaccinated.
Only New York and Rhode Island have immunization mandates for toilets that lack this type of exemption. Both rules are being challenged in court. A federal appeals court panel upheld the New York state rule on Friday, rejecting the argument by lawyers for doctors, nurses and other professionals that it did not adequately protect those who had religious objections.
As is customary in emergency appeals, the Supreme Court did not explain its decision. But Judge Neil Gorsuch explained in a dissent on his behalf and that of two other conservatives – Clarence Thomas and Samuel Alito – that he would have accepted the workers’ request.
“Where many other states have opted for religious exemptions, Maine has charted a different course,” Gorsuch wrote. “There, health workers who served on the front lines of the pandemic for the past 18 months are being laid off or their clinics have been closed. All for adhering to your constitutionally protected religious beliefs. Their situation deserves our attention ”.
Magistrate Amy Coney Barrett noted in a brief statement that she agreed with the court’s decision not to intervene to “offer extraordinary relief” in a case that is the first of its kind. His opinion was joined by another conservative, Brett Kavanaugh.
The legal team that filed the appeal promised that it will return to the high court to press for a full review of the case. “This case is far from over,” said Mat Staver, founder and president of Liberty Counsel.
Maine Gov. Janet Mills said she was pleased with the ratification of the mandate, adding that it is imperative that hospitals “take every precaution to protect their workers and patients against this deadly virus.”
The Supreme Court had earlier rejected requests from Indiana University students and professors in New York City who opposed getting vaccinated. Both the university and the city have objections on religious grounds. All the magistrates of the court are vaccinated.
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Sharp reported from Portland, Maine. Associated Press reporter Mark Sherman contributed to this report.
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