Supreme Court: Barrett and Kavanaugh Supply Majority to Deny Religious-Liberty Claim on Vaccine Mandate

Late Friday, Justices Amy Coney Barrett and Brett Kavanaugh joined Chief Justice John Roberts and the Supreme Court’s three progressives in denying a preliminary injunction to a group of medical professionals who sought to be exempted from Maine’s vaccine mandate because of their religious convictions.

Justice Neil Gorsuch filed a compelling dissent in the case, John Does 1-3 v. Mills, joined by his fellow conservative justices, Clarence Thomas and Samuel Alito. The dissenters stressed that, besides being likely to win on the merits, the religious objectors were merely asking to maintain the status quo — to keep their jobs despite being unvaccinated — while the Court decided whether to grant a full review of their case. In turning them down, Barrett and Kavanaugh dodged the weighty civil-rights issues, seeing the case, instead, as an opportunity to gripe about the Court’s emergency docket.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

Featured Tags

Late Friday, Justices Amy Coney Barrett and Brett Kavanaugh joined Chief Justice John Roberts and the Supreme Court’s three progressives in denying a preliminary injunction to a group of medical professionals who sought to be exempted from Maine’s vaccine mandate because of their religious convictions.

Justice Neil Gorsuch filed a compelling dissent in the case, John Does 1-3 v. Mills, joined by his fellow conservative justices, Clarence Thomas and Samuel Alito. The dissenters stressed that, besides being likely to win on the merits, the religious objectors were merely asking to maintain the status quo — to keep their jobs despite being unvaccinated — while the Court decided whether to grant a full review of their case. In turning them down, Barrett and Kavanaugh dodged the weighty civil-rights issues, seeing the case, instead, as an opportunity to gripe about the Court’s emergency docket.

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.