The U.S. Supreme Court today declined for a second time to take up a case brought by New York healthcare workers who lost their jobs after the state denied their requests for religious accommodations from its COVID-19 vaccine mandate, SCOTUSblog reported.
The justices rejected a petition asking them to reconsider their June decision not to hear Does 1-2 v. Hochul, the lawsuit healthcare workers brought against the state. The court denied the request without asking New York Gov. Kathy Hochul to respond.
“This ruling is definitely a sad day for the workers who stood up and said no,” said Michael Kane, Children’s Health Defense (CHD) director of advocacy and member of New York’s Teachers for Choice, which also challenged New York’s vaccine mandate in the courts.
Kane said he was “not surprised” by the decision.
The plaintiffs represented a handful of healthcare workers, he said. “But over 30,000 were fired in New York state because of this horrendous policy from Gov. Hochul. The policy didn’t allow for any religious exemption from vaccination. On its face, it is illegal. It is unconstitutional, but the politics of the thing seems to be playing out instead.”
The workers filed their lawsuit in 2021, challenging a now-repealed New York state law mandating that workers in some healthcare-related positions get the COVID-19 vaccine.
In 2022, a federal court dismissed the lawsuit, and in 2024, the 2nd U.S. Circuit Court of Appeals upheld the dismissal. In 2025, the workers appealed to the U.S. Supreme Court.
In an unusual move, the Supreme Court asked the U.S. Department of Justice solicitor general to weigh in. In May 2026, Solicitor General D. John Sauer wrote an amicus brief recommending the court deny the appeal.
Hellbound and Down 