This is not a victory for mandates. There are unresolved issues that need to be addressed before the High Court can “rule on the merits before it had the opportunity for full briefing and argument.”
The Supreme Court needs to resolve the splits in the circuits and the lower courts. Only Maine, New York, and Rhode Island have state executive orders banning employers from even considering the sincere religious beliefs of employees.
Liberty Counsel Founder and Chairman Mat Staver said, “This case is far from over. We will file a petition with the Supreme Court to review the merits of the case after full briefing and argument. The High Court’s decision to not grant the emergency relief is not a ruling on the merits. Maine has no authority to order employers to disobey federal Title VII employment law. While we should ultimately prevail on the merits, the tragedy is that today many health care heroes are being terminated. Since 2019, Maine has suffered from a shortage of health care workers and that shortage will increase as of today. The people who will suffer are not only the health care workers but patients who need care.”
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The “mandate” is unconstitutional. Pro-mandate advocates often cite the Jacobson v. Massachusetts U.S. Supreme Court case of 1905 which recognized the power of the state government and the police to enforce a vaccination mandate in cases of public danger but that was unconstitutional and it pre-dated the Nuremberg Code, the Helsinki Declaration and the relatively recent Universal Declaration on Bioethics and Human Rights.
Most recently, the High Court ruled against broadly imposing draconian mandates. The High Court ruled against broadly applying the Jacobson v. Massachusetts ruling. The recent case had to do with the right to gather especially during public worship (See “Roman Catholic Diocese Of Brooklyn, New York v. Andrew M. Cuomo”).
