Supreme Court won't block New York's vaccine mandate for health workers

NY vaccine mandate for health care workers

The U.S. Supreme Court refused to block New York's vaccine mandate for health care workers.

NEW YORK - The United States Supreme Court on Monday refused to halt New York state's COVID-19 vaccine requirement for health care workers that does not offer an exemption for religious reasons, The Associated Press reported.

Doctors, nurses, and other medical workers who say they are being forced to choose between their jobs and religious beliefs filed emergency appeals with the court.

"Now, thousands of New York healthcare workers face the loss of their jobs and eligibility for unemployment benefits. Twenty of them have filed suit arguing that the State's conduct violates the First Amendment and asking us to enjoin the enforcement of the mandate against them until this Court can decide their petition for certiorari," Justice Neil Gorsuch wrote in a 14-page dissenting opinion. "Respectfully, I believe they deserve that relief."

Justice Clarence Thomas and Justice Samuel Alito also dissented.

Andrew Lieb, an employment attorney, told FOX 5 NY that health care workers are going to have to choose between getting vaccinated or losing their jobs.

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"Justice Gorsuch, who wrote the dissent, said, 'Why is it that you can have a medical exemption but not a religious exemption?' Under employment law, we know that all policy should be subject to both," Lieb told FOX 5 NY. "And what Justice Gorsuch pointed out is while you may need vaccinations to achieve herd immunity or a safe level in a hospital setting. Why is it that there was no vaccination exemption for religious reasons?"

Assembly Member Richard Gottfried said about 90% of health care workers in New York have been fully vaccinated. Gottfried, who chairs the Health Committee, does not think the high court's move will create staffing shortages.

"Religious beliefs do not give you the right to endanger others, especially if you're a health care worker. It does not give you the right to endanger the patients you're supposed to be serving," Gottfried said. "I think there have been very few people holding out and I think once it's very clear that this mandate is in place, I think you will have almost everyone complying with the mandate."

The New York Civil Liberties Union supports a vaccine mandate for health care workers.

"The highly infectious and deadly COViD-19 virus has wrought incalculable pain and loss in New York," NYCLU Executive Director Donna Lieberman said in a statement. "We're relieved the court is recognizing and affirming New York's decision to protect the health of all New Yorkers."

New York, Maine, and Rhode Island are the only three states that don't allow health care workers to seek an exemption from the vaccine for religious reasons.