Monday, December 13, 2021

Supreme Court Allows Vaccine Mandate For State Health Care Workers

A Divided U.S. Supreme Court, left in force New York’s Requirement that Health-Care Workers be Vaccinated against Covid-19, Refusing to Order Exemptions for 20 Providers who say they Object to the Shot on Religious Grounds.

The Rebuff, which came with No Explanation, follows a similar Rejection in a Maine Case in October.

Justices Neil Gorsuch, Clarence Thomas, and Samuel Alito Dissented, with Gorsuch criticizing Gov. Kathy Hochul (D) for Comments she made Defending the Lack of a Religious Exemption.

The Orders come amid a Cultural and Political Firestorm over Covid Vaccine Requirements.

Republican-led States, including Florida, are Moving to Fine Companies, unless they let Workers Opt-Out, pushing back against President Biden’s Plan to require Private Employers to ensure Workers are Vaccinated or face Federal Occupational Safety Penalties.

A Federal Appeals Court has put the Biden Rules On-Hold, and that Issue is likely to reach the Supreme Court soon as well.

New York is among a handful of States that require Vaccinations for Health-Care Workers without allowing a Faith-based Exemption.

New York’s Mandate, issued Aug. 26, by the Department of Health, requires Health-Care Workers to be Vaccinated if they are in Close Contact with Patients, Residents, or other Workers. The Rule Exempts People who have a Medical Reason for Not getting Vaccinated.

Two Groups of Doctors, Nurses, and other Providers, contend the Mandate Violates their Constitutional Rights. They say they are Christians Opposed to the Three Available Vaccines because they have Links to Cell Lines derived from Aborted Fetuses. They told the Court they either have already Lost their Jobs or will soon Lose them.

The Court acted after Weeks of Deliberation.

New York told the Justices its Rule was Warranted in light of the continuing Threat posed by Delta Variant of Covid-19.

The State pointed to the Risk that Health-Care Workers could Transmit the Virus to Vulnerable Patients and Residents or Exacerbate Staffing Shortages by Infecting Colleagues.

Justice Sonia Sotomayor previously let New York City require School Employees to get Shots.

When reached for Comment, a State Department of Health Spokeswoman, referred to Communication sent out to Health Care Facilities on Nov. 15. It directed Facilities to Require Employees previously Granted Religious Exemptions provide Documentation of either a First Dose of Vaccination or a Medical Exemption by the Nov. 22 Deadline.

It also directed Facilities, to have in place, a Process to consider Reasonable Accommodation Requests based on sincerely held Religious Beliefs consistent with Applicable Federal and State Laws.

NYC Wins When Everyone Can Vote! Michael H. Drucker

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