Opinions Relating to Orders - 2021

Dr. A. v. Hochul

The petition for a writ of certiorari is denied. JUSTICE THOMAS, with whom JUSTICE ALITO and JUSTICE GORSUCH join, dissenting from the denial of certiorari. In August 2021, New York mandated that all healthcare workers receive a COVID–19 vaccine. See 10 N. Y. Admin. Code §2.61 (2021). It did so to “stop the spread” of the thenprevailing Delta variant of the COVID–19 virus. New York State Governor’s Office, Governor Cuomo Announces COVID–19 Vaccination Mandate for Healthcare Workers (Aug. 16, 2021), https://www.governor.ny.gov/news/governor -cuomo-announces-covid-19-vaccination-mandate-healthcareworkers. The State exempted employees from the mandate if vaccination would be “detrimental to [their] health.” §2.61(d)(1). However, the State denied a similar exemption to those with religious objections. See Dr. A. v. Hochul, 595 U. S. , (2021) (GORSUCH, J., dissenting from denial of application for injunctive relief ) (slip op., at 3). Consequently, those who qualified for the broad medical exemption simply had to employ standard protective measures and could keep their jobs. But those who objected for religious reasons would be fired, even if they took the same protective measures.