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Dr. A v. Hochul

Application for injunctive relief denied on December 13, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
21A145 2nd Cir. N/A N/A N/A N/A OT 2021

Issues: (1) Whether an administrative rule is generally applicable when it bans specific religiously motivated conduct inside a covered facility while expressly permitting otherwise identical secular conduct in the same facility at the same time; (2) whether an administrative rule mandating vaccination for health care workers is religiously neutral for purposes of the free exercise clause when it targets religion by removing a religious exemption while retaining a medical exemption, when the governor declared that the removal was intentional and that religious objectors to vaccination are “not doing what God wants,” and when the state enforces that view by punitively denying unemployment benefits to terminated religious objectors; and (3) whether a state administrative rule can forbid private employers from offering any religious accommodations under Title VII other than exclusion from the employer’s premises.

DateProceedings and Orders (key to color coding)
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.
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 17 2021Reply 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 23 2021Letter of applicants Dr. A., et al. filed.
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)