Supreme Court denies emergency challenge to Maine vaccine mandate

by ian

Ian Patrick, FISM News

 

Supreme Court Justice Stephen Breyer denied an emergency injunction from health care workers in Maine looking to block a vaccine mandate that will not accept religious exemptions in their state.

Breyer said he denied the emergency injunction pending appeal “without prejudice” and said the case could be brought back before the court as long as the First Circuit Court of Appeals does not give relief or does not rule by October 29. Shortly after Breyer’s decision, a Boston-based appeals court ruled against the healthcare workers which means their case can be brought back to the Supreme Court.

Represented by Liberty Counsel, over 2,000 healthcare workers took action against the state of Maine for their state’s vaccination mandate put in place by Gov. Janet Mills. According to a statement released by the Liberty Counsel, the mandate requires healthcare workers to be vaccinated while banning religious exemptions and allowing medical ones.

The government set a vaccination deadline for October 25, but required the first shot of a two-dose vaccine to be administered by Oct. 15. Governor Mills threatened to revoke medical licenses of those who did not comply.

Liberty Counsel’s case is based around the discrimination showed towards religious employees, and the governor’s violation of “both Title VII employment law and the First Amendment Free Exercise clause.” The statement further clarifies what Mills’ order means for the state:

Her discriminatory order mandates the shots and states health care workers cannot raise religious exemptions claims. This edict would force numerous doctors, nurses, medical professionals and other health care workers to choose between the exercise of their sincerely held religious beliefs and their employment.

After Breyer’s statement, Liberty Counsel founder Mat Staver said, “We look forward to an expedited ruling. There is no question that Gov. Janet Mills cannot nullify federal law and the First Amendment to the U.S. Constitution.”

The case had gone through the U.S. court system before it reached the highest court. On Oct. 13, a district judge in Maine sided with the state, allowing a ban on religious exemptions for healthcare workers in their vaccine mandates. This prompted an appeal to the 1st Circuit Court of Appeals in Boston and the emergency injunction to the Supreme Court.

Breyer’s order is also the third time so far that the Supreme Court has denied to hear a challenge on vaccine mandates in general.

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