Gorsuch Writes Scathing Dissent Over SCOTUS Refusal to Block Vaxx Mandate

Justice Neil Gorsuch penned a scathing dissent after the Supreme Court left in place New York’s COVID-19 vaccine mandate for healthcare workers.

Only two other Republican-appointed justices, Clarence Thomas and Samuel Alito, joined Gorsuch in support of an injunction. The highest court voted 6-3 Monday to reject a request by 20 anonymous doctors and medical facility workers, nearly all from Catholic backgrounds, to grant a religious exemption to the Empire State’s vaccine mandate for healthcare personnel.

“These applicants are not ‘anti-vaxxers’ who object to all vaccines,” Gorsuch wrote. “Instead, the applicants explain, they cannot receive a COVID–19 vaccine because their religion teaches them to oppose abortion in any form, and because each of the currently available vaccines has depended upon abortion-derived fetal cell lines in its production or testing.”

Justices Brett Kavanaugh and Amy Coney Barrett, both of whom sided with Democratic-appointed justices to reject granting an emergency injunction over the New York mandate, said in October that the court’s emergency docket was not the proper place to resolve the merits of a similar challenge to Maine’s vaccine requirement and denied the petitioner’s request in that case. Thomas, Alito, and Gorsuch also dissented from the court’s decision not to intervene in the Maine case, with Gorsuch writing a dissenting opinion.

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