A federal appeals court ruled Monday that the progressive Philadelphia District Attorney must face a lawsuit by an Orthodox Jewish former Assistant District Attorney for denying her religious exemption to the office’s COVID-19 vaccination mandate. Because it was unclear whether the office’s policy was rooted in hostility toward religion, the matter was sent for a jury to decide.
A three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously overturned a lower court ruling that dismissed Rachel Spivack’s case against Larry Krasner (D), the elected District Attorney of Philadelphia whose 2022 impeachment was overturned as constitutionally unsound. As a result, the case will move toward trial.
The panel included Barack Obama appointee U.S. Circuit Judge Cheryl Ann Krause, and Joe Biden appointees U.S. Circuit Judges Arianna J. Freeman and Tamika Montgomery-Reeves. Freeman penned the 42-page ruling for the panel.