OPINION | This article contains commentary that reflects the author's opinion.
Lawsuits on behalf of New Yorkers against Joe Biden’s vaccine mandate continue to get shot down in court.
Healthcare workers have argued that Biden’s failure to allow for exemptions due to religious reasons makes the mandate unsafe, unwise, and unconstitutional.
Doctors and nurses in New York have asked for religious exemptions and injunctive relief.
Rejecting these arguments, the Supreme Court refused to block a New York regulation that requires health care workers to get the COVID-19 vaccine without any religious exemptions.
The vaccine mandate, which has been in effect since August, allows only for medical exemptions but not religious ones.
Despite the important role played by doctors and nurses in the pandemic, the court has apparently decided that it’s better for them to lose employment if they refuse the jab.
Justices Clarence Thomas, Samuel Alito and Neil Gorsuch disagreed with the court’s ruling.
Gorsuch said, “We do all this even though the State’s executive decree clearly interferes with the free exercise of religion—and does so seemingly based on nothing more than fear and anger at those who harbor unpopular religious beliefs.”
“We allow the State to insist on the dismissal of thousands of medical workers—the very same individuals New York has depended on and praised for their service on the pandemic’s front lines over the last 21 months,” he continued.
“To add insult to injury, we allow the State to deny these individuals unemployment benefits too. One can only hope today’s ruling will not be the final chapter in this grim story.”
In the lower courts, U.S. District Judge Matthew Schelp in Missouri blocked the vaccine mandate in 10 states. U.S. Judge Terry Doughty of Louisana issued a nationwide injunction after 13 more states filed a lawsuit.
Lawsuits filed on behalf of healthcare workers and others argue that Biden’s failure to allow for exemptions due to legitimate health reasons or religious reasons makes the mandate unsafe, unwise, and unconstitutional.
After the courts blocked the vaccine mandate for health care workers nationwide, Biden attempted to stop the temporary block.
A federal court denied the request from Biden’s Department of Justice. Missouri Attorney General Eric Schmitt said, “The 8th Circuit Court of Appeals denied the Department of Justice’s motion for stay pending appeal in our lawsuit against the vaccine mandate on healthcare workers, meaning our injunction will stay in place.”
Both U.S. District Judge Matthew Schelp in Missouri as well as U.S. Judge Terry Doughty in Louisiana have issued similar decisions in blocking the mandate.
“During a pandemic such as this one, it is even more important to safeguard the separation of powers set forth in our Constitution to avoid erosion of our liberties,” Judge Doughty said.
The vaccine mandate forces some Americans to get the injection in their arms without allowing exemptions for legitimate health reasons or religious reasons. If not, health care workers are faced with losing their jobs amid the coronavirus pandemic.
Complying with the order, a memo was released by the Centers for Medicare & Medicaid Services (CMS) that confirmed they are suspending the enforcement of Biden’s vaccine mandate.
The Department of Health and Human Services’ (HHS) simply has no other choice as the federal court blocked the mandate from being implemented pending review.
The memo states, “Survey and Enforcement of the Vaccine Requirement for Health Care Staff in Medicare- and Medicaid-certified Providers and Suppliers Suspended While Court Ordered Injunctions are in Effect: The Centers for Medicare & Medicaid Services (CMS) will not enforce the new rule regarding vaccination of health care workers or requirements for policies and procedures in certified Medicare/Medicaid providers and suppliers (including nursing facilities, hospitals, dialysis facilities and all other provider types covered by the rule) while there are court-ordered injunctions in place prohibiting enforcement of this provision.”
The memo explained, “On November 29 and November 30, 2021, the United States District Court for the Eastern District of Missouri and United States District Court for the Western District of Louisiana issued preliminary injunctions against the implementation and enforcement of the Interim Final Rule against Medicare-and-Medicaid-certified providers and suppliers.”
“Between the two of them, these injunctions cover all states, the District of Columbia and the U.S. Territories.”
