Court: Supreme Court of the United States, No. 21-1143
Case status: Certiorari denied
Center involvement: Amicus Curiae
Date of filing: March 18, 2022

New York’s COVID–19 vaccine requirement for healthcare workers does not provide an exemption for religious objectors. Sixteen healthcare workers have asked the courts to strike down that mandate. All but one of them have lost their jobs, lost their admitting privileges, or been coerced into vaccination. The Robertson Center’s brief urges the Court to take this case and overrule Employment Division v. Smith, a case that fundamentally altered the understanding of the Free Exercise Clause. This brief also explains how Smith enables governments to subject religious Americans to prolonged litigation to vindicate their free exercise rights.

Court Filings:
Link to Brief of Amicus Curiae the Robertson Center for Constitutional Law in Support of Petitioners