In its final summer order list, the Supreme Court once more opted not to review a contentious legal dispute concerning New York healthcare workers’ demand for religious exemptions from the state’s COVID-19 vaccine mandate. The healthcare workers brought forth their case, Does 1-2 v. Hochul, arguing that the mandate violated federal anti-discrimination laws by denying their religious accommodation. Their original petition was dismissed by the Supreme Court in late June, despite a dissent from Justice Neil Gorsuch, joined by Justices Clarence Thomas and Samuel Alito.
Gorsuch’s dissent highlighted the “important and recurring question of federal law” posed by the case, criticizing the notion that an “unconstitutional state law” might consistently justify an employer’s refusal of religious accommodations due to “undue hardship” concerns. Nevertheless, the healthcare workers’ subsequent request for a rehearing was turned down by the Court.
Notably, the Supreme Court’s decision leaves in place the judgement of the U.S. Court of Appeals for the 2nd Circuit, which upheld the mandate. The healthcare workers contended that both the 2nd and 9th Circuit Courts have adopted positions favoring state statutory schemes over federal antidiscrimination claims. The divergence in federal appeals courts’ stances on this issue remains a point of contention, potentially weighing on future Supreme Court considerations.
The Supreme Court’s latest denial emphasizes a reluctance to engage with vaccine mandate cases at this juncture. On July 20, an exception was made when the Court agreed to review Jouppi v. Alaska, underscoring that while the summer order lists often clear pending requests, new cases can still be added to the docket.
The justices are scheduled for the “long conference” on September 28, which may lead to additional orders. More details on the Court’s activities can be found in their press release.