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Dr. A., et al. v. Kathy Hochul, Governor of New York, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 21-2566 · judgment November 4, 2021
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent.
Questions presented
Using its emergency regulatory powers, New York has imposed a COVID vaccine mandate on healthcare workers, but provided no religious exemption. Workers who are unvaccinated for religious reasons are excluded from the workplace. By contrast, healthcare workers remaining unvaccinated for medical reasons are permitted to continue in-person healthcare work— often in the same facilities, doing the same jobs, and carrying the same claimed risk as the terminated religious objectors. New York even allows vaccinated workers with active and symptomatic infections to continue working, but not healthy religious objectors. New York’s approach deviates from virtually every other state and the federal government, which continue to allow unvaccinated religious objectors to provide in-person healthcare. The questions presented are:
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Whether an administrative rule that targets and forbids religious conduct, while permitting otherwise identical secular conduct, is permissible under the Free Exercise Clause.
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Whether Employment Division v. Smith should be overruled.
Counsel of record
For petitioner
Thomas L. Brejcha Jr.
Thomas More Society
For respondent
Barbara Dale Underwood
Solicitor General
Argument & decision
Decided December 13, 2021.
Proceedings
- Jun 30 2022Petition DENIED. Justice Thomas, with whom Justice Alito and Justice Gorsuch join, dissenting from the denial of certiorari. (Detached Opinion)
- Jun 29 2022DISTRIBUTED for Conference of 6/29/2022.
- Jun 21 2022DISTRIBUTED for Conference of 6/23/2022.
- Jun 13 2022DISTRIBUTED for Conference of 6/16/2022.
- Jun 06 2022DISTRIBUTED for Conference of 6/9/2022.
- Jun 01 2022Rescheduled.
- May 31 2022DISTRIBUTED for Conference of 6/2/2022.
- May 24 2022Rescheduled.
- May 23 2022DISTRIBUTED for Conference of 5/26/2022.
- May 17 2022Rescheduled.
- May 16 2022DISTRIBUTED for Conference of 5/19/2022.
- May 12 2022Rescheduled.
- May 09 2022DISTRIBUTED for Conference of 5/12/2022.
- Apr 29 2022Rescheduled.
- Apr 25 2022DISTRIBUTED for Conference of 4/29/2022.
- Apr 20 2022Rescheduled.
- Apr 06 2022DISTRIBUTED for Conference of 4/22/2022.
- Apr 05 2022Waiver of the 14-day waiting period for distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
- Apr 05 2022Reply of petitioners Dr. A., et al. filed. (Distributed)
- Apr 01 2022Brief of respondents Kathy Hochul, et al. in opposition filed.
- Mar 18 2022Brief amicus curiae of New Civil Liberties Alliance filed.
- Mar 18 2022Brief amici curiae of United States Senators Marco Rubio, et al. filed.
- Mar 18 2022Brief amicus curiae of The Robertson Center for Constitutional Law filed.
- Mar 18 2022Brief amicus curiae of Catholic Medical Association filed.
- Mar 18 2022Brief amicus curiae of Protect The First Foundation filed.
- Mar 18 2022Brief amici curiae of Former EEOC Employees and Title VII Religious Accommodation Experts filed.
- Mar 18 2022Brief amicus curiae of Thomas More Law Center filed.
- Mar 17 2022Brief amicus curiae of First Liberty Institute filed.
- Mar 17 2022Brief amici curiae of Drs. Jay Bhattacharya and R. Scott French filed.
- Mar 16 2022Brief amicus curiae of Jewish Coalition for Religious Liberty filed.
- Mar 08 2022Motion to extend the time to file a response is granted in part, and the time is extended to and including April 1, 2022.
- Mar 04 2022Motion to extend the time to file a response from March 18, 2022 to April 18, 2022, submitted to The Clerk.
- Mar 04 2022Response to motion to extend the time to file a response from petitioner Dr. A., et al. filed.
- Feb 14 2022Petition for a writ of certiorari filed. (Response due March 18, 2022)
- Dec 13 2021Application (21A145) referred to the Court.
- Dec 13 2021Application (21A145) denied by the Court. Justice Thomas would grant the application. Justice Gorsuch, with whom Justice Alito joins, dissenting from the denial of application for injunctive relief. (Detached Opinion)
- Nov 23 2021Letter of applicants Dr. A., et al. filed.
- Nov 18 2021Motion for leave to file amicus brief and motion for leave to file brief in compliance with Rule 33.2 filed by John Doe 1.
- Nov 17 2021Reply of applicants Dr. A., et al. filed.
- Nov 16 2021Response to application from respondents Kathy Hochul, et al. filed.
- Nov 16 2021Motion for leave to file amici brief and motion for leave to file brief in compliance with Rule 33.2 filed by Sharon Fast Gustafson, et al.
- Nov 12 2021Application (21A145) for injunctive relief, submitted to Justice Sotomayor.
- Nov 12 2021Response to application (21A145) requested by Justice Sotomayor, due Tuesday, November 16, by 4 p.m.