Supreme Court Won't Block Maine's Vaccine Mandate for Health Care Workers
Source: New York Times
WASHINGTON The Supreme Court on Friday refused to block Maines requirement that health care workers be vaccinated against the coronavirus notwithstanding their religious objections. As is the courts custom in rulings on emergency applications, its brief order gave no reasons. But the three most conservative members of the court Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch issued a lengthy dissent, saying the majority had gone badly astray.
Where many other states have adopted religious exemptions, Maine has charted a different course, Justice Gorsuch wrote for the dissenting justice. There, health care workers who have served on the front line of a pandemic for the last 18 months are now being fired and their practices shuttered. All for adhering to their constitutionally protected religious beliefs. Their plight is worthy of our attention. Maine has required health care workers to be vaccinated against various contagious diseases since 1989, and eliminated exemptions on religious or philosophical grounds under a state law enacted in 2019, before the coronavirus pandemic began.
The state does exempt workers for whom the given vaccine would be medically inadvisable in the judgment of a health care professional. The 2019 law was the subject of a referendum, with about 73 percent of the states voters approving it. The state included the coronavirus vaccine among the required vaccinations in a regulation issued in August, setting a deadline of Oct. 29. Several health care workers sued, saying the requirement violated their constitutional right to the free exercise of religion.Judge Jon D. Levy of the Federal District Court in Maine ruled against the plaintiffs.
Both the serious risk of illness and death associated with the spread of the Covid-19 virus and the efforts by state and local governments to reduce that risk have burdened most aspects of modern life, he wrote. The plaintiffs refusal to be vaccinated based on their religious beliefs has resulted or will result in real hardships as it relates to their jobs, Judge Levy wrote. They have not, however, been prevented from staying true to their professed religious beliefs which, they claim, compel them to refuse to be vaccinated against Covid-19. A unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit, in Boston, affirmed Judge Levys ruling.
Read more: https://www.nytimes.com/2021/10/29/us/supreme-court-maine-vaccine-mandate.html
Copy of the ruling from SCOTUSBlog (PDF) - https://t.co/h0xz8BVhl4?amp=1
Link to tweet
TEXT
@SCOTUSblog
BREAKING: By a 6-3 vote, the Supreme Court rejects a challenge to Maine's COVID-19 vaccine mandate for health care workers. The challengers complained that the mandate lacks religious exemptions. Thomas, Alito, & Gorsuch dissent.
https://supremecourt.gov/opinions/21pdf/21a90_6j37.pdf
5:46 PM · Oct 29, 2021
elleng
(130,865 posts)Again I ask, WHAT 'religious beliefs?'
SheltieLover
(57,073 posts)Or science.
elleng
(130,865 posts)First Amendment
'Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.'
the founders had explicitly made the point of no state religion or adhering to one religions beliefs over another while acknowledging that one was free to practice whatever one wished without interference. Look at Jefferson's letter to the Danbury Baptists. in it he wrote, that when the American people adopted the establishment clause they built a wall of separation between the church and state.
peppertree
(21,624 posts)I love the phrase "Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch issued a lengthy dissent..."
More like, Alito and Gorsuch issued it - and Thomas just sat there snoring, presumably with a Coke can.
Igel
(35,300 posts)The key word here is "federalism."
Many have argued against it. But to support this kind of argument is to praise federalism:
"Maine has charted a different course."
Tertium non datum.
hlthe2b
(102,225 posts)"religious beliefs," --perhaps against enabling parasitism. ( )
Given none of the major religions/denominations have expressed a religious objection to the vaccine, it appears all the three of them seem to think is required is to be able to say the word "religion."
bucolic_frolic
(43,128 posts)DPT are not a religious matter, nor shingles, nor Rubella. This court is stacked with religious wackos
Alexander Of Assyria
(7,839 posts)P..S. Christian denominational whackos.
Alexander Of Assyria
(7,839 posts)objection religious?? And why are these folks in medical sciences? Good riddance.
3 US Justices believe religious beliefs, sincere ofc, trumps proven science and aom to infect patients with a deadly disease. In hospitals. Unreal.
NullTuples
(6,017 posts)Alexander Of Assyria
(7,839 posts)What nursing school teaches that fetal cells are worship worthy and exempt from science?
NullTuples
(6,017 posts)The ones who are not are amazing, but across the profession the percent about mimics that of the general population - 40%, +/-.
lindysalsagal
(20,670 posts)They are choosing a profession that violates their (bogus) religion, not the other way around. Xtians don't want equality or fairness: they demand the privilege of giving us all a deadly virus.
BootinUp
(47,141 posts)Hulk
(6,699 posts)I still can't believe she got re-elected. What a worthless dolt.....collins.
BootinUp
(47,141 posts)orleans
(34,049 posts)Hulk
(6,699 posts)Such absolute nonsense.
Hope they ALL get fired. One way to cut out the cult idiots from public service.
mainer
(12,022 posts)If the Supreme Court upholds Maines mandate, shouldnt it uphold other mandates?
State and federal mandates are entirely different things constitutionally
Yo_Mama_Been_Loggin
(107,922 posts)bucolic_frolic
(43,128 posts)to combat the Christo-Fascist wing of the court. And this came to me in my sleep, or was at least my first waking thought.
So where we are: can refuse to bake nuptial cakes for LGBTQ. can refuse vaccination based on religious grounds. can be a Hobby Lobby and whatever their preference was that got approved.
How about a lawsuit to prevent the sale of snow shovels and snowblowers on religious grounds? The reason? God invented snow as a means for workers to pause and reflect on the brilliance of nature that He created, so snow is a time to rest and pray. It was meant to be that way. Therefore, workers should not be forced to shovel or sell snow removal equipment or go to work during periods of snow if that is their religious belief.
What'cha think?
BumRushDaShow
(128,856 posts)they are using an old SCOTUS ruling - the famous 1905 - "Jacobson v. Massachusetts" case authorizing mandatory vaccination - https://constitutioncenter.org/interactive-constitution/blog/on-this-day-the-supreme-court-rules-on-vaccines-and-public-health
bucolic_frolic
(43,128 posts)Thanks, it is nice to know Court precedent is being repected by 2/3 of the Court, and useful to know that human nature in the form of resistance hasn't changed much either.
BumRushDaShow
(128,856 posts)if this decision was their deferring/respecting the state law in this case too. This current court seems to do that, which somewhat suggests how they have handled and why they have slow-walked blocking the TX anti-abortion law.
NullTuples
(6,017 posts)Many good American Christians already understand this, but: Externally, religious beliefs are really a specialized form of personal opinion. They're not facts as they cannot be proven, they are as much an irrational (ie, not based on proof) belief or opinion as, "Yellow is the best color", "Jefferson Airplane is the best band", and "Trump won the election". And as such, all of them are equal under the law, and equal to not having an opinion. Because they are not actions; they are beliefs. They should never be granted a status which gives the person holding them the ability to infringe on anyone else's freedom or liberty; in short anyone else's actions. And that includes actions like spreading viruses & causing harm to others.
Yet here in America, we have an entire political party now centered around the belief - the personal opinion - that the words, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" mean that religion should always have free rein.
Curiously - and very much only a secondary or tertiary aside - given the wording and their insistence that the Constitution be taken as literal text, those words say nothing about whether the Judicial or Executive may establish or prohibit the same.