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BumRushDaShow

(128,856 posts)
Fri Oct 29, 2021, 06:09 PM Oct 2021

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 Maine’s requirement that health care workers be vaccinated against the coronavirus notwithstanding their religious objections. As is the court’s 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 state’s 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 Levy’s 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




TEXT

SCOTUSblog
@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


28 replies = new reply since forum marked as read
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Supreme Court Won't Block Maine's Vaccine Mandate for Health Care Workers (Original Post) BumRushDaShow Oct 2021 OP
Good. elleng Oct 2021 #1
Religion has no place in politics, imo SheltieLover Oct 2021 #9
Certainly true. elleng Oct 2021 #10
👍 SheltieLover Oct 2021 #11
Exactly, NHvet Oct 2021 #26
When even Boof Boy won't go for it, you probably don't have much of a case peppertree Oct 2021 #2
This is revealing. Igel Oct 2021 #8
Let's see the three of them defend the right of a woman if bearing children violates HER hlthe2b Oct 2021 #3
Confating vaccine requirements with religious belief is a leap of faith and simply disingenuous bucolic_frolic Oct 2021 #4
Yes, religious wackos but only 3 totally wacky doodle. We know them now for sure. Alexander Of Assyria Oct 2021 #6
What is the name of the religion that does not believe in vaccines...and why is the Alexander Of Assyria Oct 2021 #5
The "religious objection" is b/c fetal cells were used to develop some vaccines. NullTuples Oct 2021 #24
What nonsense, fetal cells die all the time. So now there's a religion that worships fetal cells? Alexander Of Assyria Oct 2021 #27
If this pandemic taught me anything, it's how many nurses are conservatives/Republicans NullTuples Oct 2021 #28
They can quit, if their religion isn't allowing them to work. lindysalsagal Oct 2021 #7
Maine seems smarter than your average reddish blue state. nt BootinUp Oct 2021 #12
Except for re-electing a female senator Hulk Oct 2021 #16
Hey Gorsuch, keep your religion out of it. nt BootinUp Oct 2021 #13
need to read this when i have time. bookmarking nt orleans Oct 2021 #14
Seriously....for religious reasons? Hulk Oct 2021 #15
Does this bode well for fighting vs. Texas lawsuit about mandates? mainer Oct 2021 #17
Nope FBaggins Oct 2021 #23
Great Yo_Mama_Been_Loggin Oct 2021 #18
In my view, and it's a very early 5:03am here, we need our own lawsuits not to tethered to reality bucolic_frolic Oct 2021 #19
I expect in this case BumRushDaShow Oct 2021 #20
Anti-Vaccination League of America bucolic_frolic Oct 2021 #21
I am also wondering BumRushDaShow Oct 2021 #22
Stepping back a moment... NullTuples Oct 2021 #25

elleng

(130,865 posts)
10. Certainly true.
Fri Oct 29, 2021, 08:04 PM
Oct 2021

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.'

NHvet

(240 posts)
26. Exactly,
Sat Oct 30, 2021, 08:53 PM
Oct 2021

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)
2. When even Boof Boy won't go for it, you probably don't have much of a case
Fri Oct 29, 2021, 06:17 PM
Oct 2021

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)
8. This is revealing.
Fri Oct 29, 2021, 07:36 PM
Oct 2021

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)
3. Let's see the three of them defend the right of a woman if bearing children violates HER
Fri Oct 29, 2021, 06:25 PM
Oct 2021

"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)
4. Confating vaccine requirements with religious belief is a leap of faith and simply disingenuous
Fri Oct 29, 2021, 06:52 PM
Oct 2021

DPT are not a religious matter, nor shingles, nor Rubella. This court is stacked with religious wackos

 

Alexander Of Assyria

(7,839 posts)
6. Yes, religious wackos but only 3 totally wacky doodle. We know them now for sure.
Fri Oct 29, 2021, 07:07 PM
Oct 2021

P..S. Christian denominational whackos.

 

Alexander Of Assyria

(7,839 posts)
5. What is the name of the religion that does not believe in vaccines...and why is the
Fri Oct 29, 2021, 07:06 PM
Oct 2021

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.

 

Alexander Of Assyria

(7,839 posts)
27. What nonsense, fetal cells die all the time. So now there's a religion that worships fetal cells?
Sun Oct 31, 2021, 08:38 AM
Oct 2021

What nursing school teaches that fetal cells are worship worthy and exempt from science?

NullTuples

(6,017 posts)
28. If this pandemic taught me anything, it's how many nurses are conservatives/Republicans
Sun Oct 31, 2021, 04:05 PM
Oct 2021

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)
7. They can quit, if their religion isn't allowing them to work.
Fri Oct 29, 2021, 07:13 PM
Oct 2021

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.

 

Hulk

(6,699 posts)
16. Except for re-electing a female senator
Fri Oct 29, 2021, 09:09 PM
Oct 2021

I still can't believe she got re-elected. What a worthless dolt.....collins.

 

Hulk

(6,699 posts)
15. Seriously....for religious reasons?
Fri Oct 29, 2021, 09:07 PM
Oct 2021

Such absolute nonsense.

Hope they ALL get fired. One way to cut out the cult idiots from public service.

mainer

(12,022 posts)
17. Does this bode well for fighting vs. Texas lawsuit about mandates?
Fri Oct 29, 2021, 09:22 PM
Oct 2021

If the Supreme Court upholds Maine’s mandate, shouldn’t it uphold other mandates?

bucolic_frolic

(43,128 posts)
19. In my view, and it's a very early 5:03am here, we need our own lawsuits not to tethered to reality
Sat Oct 30, 2021, 05:09 AM
Oct 2021

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?

bucolic_frolic

(43,128 posts)
21. Anti-Vaccination League of America
Sat Oct 30, 2021, 05:28 AM
Oct 2021

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)
22. I am also wondering
Sat Oct 30, 2021, 05:39 AM
Oct 2021

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)
25. Stepping back a moment...
Sat Oct 30, 2021, 08:43 PM
Oct 2021

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.

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