U.S (Washington Insider Magazine) -The United States Supreme Court declined to suspend a vaccination requirement placed on Maine health care employees on Tuesday, Oct. 19, the latest setback for opponents of vaccine mandates.
It was the Supreme Court’s first ruling on a statewide vaccination requirement. It has previously dismissed challenges to vaccination mandates for New York City teachers as well as Indiana University faculty and students.
Justice Stephen Breyer denied the emergency appeal but left the door open for a retrial once Maine’s requirement expires. The state will start implementing it on October 29.
Maine’s vaccination mandate, enacted by Democratic Gov. Janet Mills, compels hospital and nursing care staff to get vaccinated or face losing their employment.
Opponents attempted to halt the requirement, but a federal court denied their plea on October 13. The judge stated that the evidence showed that frequent testing alone was insufficient to halt the spread of the delta variation.
This judgment triggered a flood of emergency appeals to the 1st U.S. Circuit Court of Appeals and eventually to the United States Supreme Court.
The emergency appeal was immediately denied by a three-judge panel of the appeals court in Boston, but more arguments were expedited. That timeline allows for another ruling before the vaccination obligation is enforced at the end of next week.
Mat Staver, founder and chair of the Liberty Counsel, which challenged the vaccination requirement, said the Supreme Court is ready to hear the issue “if we do not obtain relief” from the appeals court in the coming days.
The Liberty Counsel, which filed the case in federal court in Maine in August, claimed to represent over 2,000 health care professionals who do not want to be forced to vaccinate.
Dozens of health-care professionals have chosen to resign, and Central Maine Medical Center in Lewiston has already reduced certain admissions due to an “acute shortage” of nurses. However, most health-care personnel have cooperated.
To resolve concerns, state authorities have pledged to engage with hospitals and nursing homes on an individual basis.
