The U.S. Supreme Court on Friday, September 4, 2026, declined to reconsider a case involving New York healthcare workers who were fired after being denied religious exemptions from a state COVID-19 vaccine mandate. The court’s refusal to hear the petition for rehearing in Does 1-2 v. Hochul was included in the final scheduled list of summer orders before the new term begins.
The legal challenge arose after New York implemented a vaccination requirement for healthcare staff that did not include a religious accommodation. The healthcare workers, who lost their jobs for remaining unvaccinated, argued that federal antidiscrimination laws should take precedence over state mandates. The U.S. Court of Appeals for the 2nd Circuit had previously ruled against the workers, maintaining that federal claims must yield to certain state statutory schemes.
In an earlier June 29 decision, the Supreme Court had initially declined to review the case. Justice Neil Gorsuch, joined by Justices Clarence Thomas and Samuel Alito, dissented at that time, stating the case raised questions about whether state laws can automatically provide employers with an "undue hardship" defense against religious accommodations. The workers filed for reconsideration on July 23, citing a 9th Circuit ruling as evidence of a division among federal appeals courts.
What happens next: The Supreme Court is scheduled to meet for the "long conference" on September 28, 2026. An initial list of orders from that conference is expected to be released later that week. This session will determine which new cases the court will add to its merits docket for the upcoming term.