Does 1-6 v. Mills
United States Court of Appeals for the First Circuit
16 F.4th 20 (2021)

- Written by Miller Jozwiak, JD
Facts
For years, the State of Maine (Maine) (defendant) required healthcare workers at licensed healthcare facilities to receive vaccines against certain communicable diseases, subject to three exceptions: (1) medical issues, (2) religious issues, and (3) philosophical issues. In May 2019, Maine amended that statute in response to declining vaccination rates. The amended statute left only one exception, the exception for medical issues. During the COVID-19 pandemic, Maine took numerous steps to encourage citizens to receive the COVID-19 vaccination. However, rates were not high enough to prevent community transmission, particularly during the Delta-variant phase of the pandemic. Outbreaks were more likely to occur in healthcare facilities. Maine considered different ways to prevent outbreaks in healthcare facilities (e.g., regular testing, exemptions for those who were previously infected with COVID-19, and more personal protective equipment), but state experts concluded that these alternatives would not be effective. Instead, Maine issued an emergency regulation adding COVID-19 to the list of diseases against which healthcare workers had to be vaccinated, subject only to the medical exception. A group of healthcare workers (the healthcare workers) (plaintiffs) sued Maine for, among other things, violating their rights under the Free Exercise Clause of the First Amendment. They argued that the COVID-19 vaccine relied upon cells from aborted fetuses and that receiving the vaccine would violate their religious beliefs. The healthcare workers sought a preliminary injunction, which the district court denied. The healthcare workers appealed.
Rule of Law
Issue
Holding and Reasoning (Lynch, J.)
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