Doe v. Mills

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In Doe v. Mills, 142 S. Ct. 17 (2021), the U.S. Supreme Court denied an emergency application for a stay of a regulation in Maine requiring a COVID vaccine of health care workers without allowing any religious exemption.

Justice Neil Gorsuch, joined by Justices Thomas and Alito, wrote in dissent to the denial of the application:

Maine has adopted a new regulation requiring certain healthcare workers to receive COVID-19 vaccines if they wish to keep their jobs. Unlike comparable rules in most other States, Maine’s rule contains no exemption for those whose sincerely held religious beliefs preclude them from accepting the vaccination. The applicants before us are a physician who operates a medical practice and eight other healthcare workers. No one questions that these individuals have served patients on the front line of the COVID-19 pandemic with bravery and grace for 18 months now. App. to Application for Injunctive Relief, Exh. 6, ¶8 (Complaint). Yet, with Maine’s new rule coming into effect, one of the applicants has already lost her job for refusing to betray her faith; another risks the imminent loss of his medical practice. The applicants ask us to enjoin further enforcement of Maine’s new rule as to them, at least until we can decide whether to accept their petition for certiorari. I would grant that relief.

Doe v. Mills, 142 S. Ct. 17, 18 (2021) (Gorsuch, J., dissenting, joined by Thomas and Alito, JJ.).