'Total Betrayal:' Trump's DOJ Files Motion To Supreme Court To Throw Out Lawsuit That Protects Religious Exemptions Over Vaccine Mandates
The "Father of the Vaccine" sends his blessings.
New York Governor Kathy Hochul imposed an austere Covid-19 vaccine mandate for workers in the state, and despite a myriad of doctors, nurses, and other medical staff objecting and refusing to get inoculated, citing religious exemption, namely because these shots were developed with or tested using cells coming from aborted fetal tissue. Their petitions were denied and they lost their jobs and therefore brought a lawsuit against Hochul on the grounds that the mandate violated Title VII of the Civil Rights Act. After losing in the lower courts, they petitioned the Supreme Court.
Last month, the Department of Justice quietly filed an amicus brief with the Supreme Court requesting that the on-going lawsuit — John Doe et al. v. Kathy Hochul, No. 24-1015 — be tossed out and denied review.
“This brief is submitted in response to the Court’s order inviting the Solicitor General to express the views of the United States. In the view of the United States, the petition for a writ of certiorari should be denied,” DoJ Solicitor General D. John Sauer wrote in the brief.
“Under the Supremacy Clause, U.S. Const. Art. VI, Cl. 2, state law must yield to federal law when the two conflict. Here, the relevant federal law is Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., which prohibits discrimination based on religion and requires employers to reasonably accommodate religious practice unless the employers show that the accommodation imposes an undue hardship on their business operations. See Groff v. DeJoy, 600 U.S. 447, 453-454, 468 (2023). State law that conflicts with Title VII is preempted and has no effect. Employers thus cannot point to compliance with preempted state laws as a basis for claiming that a reasonable accommodation would impose undue hardship under Title VII.
“However, those black-letter preemption and Title VII principles are not implicated here. Rather, the principal dispute in this case involves state law, making this case an unsuitable vehicle for this Court’s review. Petitioners are former healthcare workers who contend that New York’s now-repealed COVID-19 vaccine mandate for healthcare workers—known as Section 2.61— conflicted with Title VII because it foreclosed employers from granting any reasonable accommodations for religious practice. Petitioners are correct that, if New York law foreclosed any consideration of religious accommodations, it would be preempted by Title VII, which requires consideration of such accommodations. Petitioners are also correct that an employer could not rely on such a state law to skirt compliance with federal antidiscrimination requirements.
“But New York law, as interpreted by the Second Circuit in a published decision, leaves room for religious accommodations short of complete exemptions. […]
“The petition also does not present a conflict among the courts of appeals that warrants this Court’s review. Nor is there any conflict regarding broader Title VII principles. […] The petition should be denied.
Attorney Aaron Siri, who has represented a number of these types of clients arguing the point of religious exemption, blasted President Trump and the DoJ in a series of posts on X.
“The [Trump] admin just filed a brief in the U.S. Supreme Court betraying religious liberty by arguing it is perfectly fine for employers to have policies that allow medical but not religious exemptions to vaccination requirements.
“[…] Instead of defending these wrongfully terminated workers, the DOJ nonsensically and shamefully plays word games to characterize their requests as seeking an “exemption” (which New York law prohibited) instead of an “accommodation” (an option federal law requires). It then relies on this sematic nonsense to argue that the Supreme Court should not review the Second Circuit’s holding that a policy providing for medical but not religious exemptions is legal.
“Having dealt with scores of religious employees in New York that lost their jobs under this policy, the Trump administration’s position is a sharp betrayal. The DOJ should have simply argued the obvious – that Section 2.61 foreclosed any religious exemption and hence should not stand under federal law. Period. That would have taken one or two pages. Instead, it spends over 20 pages creating a word salad of nonsense to justify New York’s and the DOJ’s unjustifiable position.
“[…] Arguing that the Supreme Court should not take the case is saying that the Second Circuit decision finding you need not have a religious exemption should stand. Total betrayal.”
But others are framing this as “4-D Chess.”
FBI Director Kash Patel’s girlfriend Alexis Wilkins also decided to weigh-in and defend the Trump administration.
The latest move by the Trump DoJ echoes a quiet but similar scenario that occurred at the end of 2023, when the Supreme Court threw out several lawsuits that sued the Biden admin for its vaccine mandates, with all three of Trump’s appointed Justices voting in favor, but Biden’s appointee Kentaji Brown — who can’t legally define what a woman is — was the sole dissenter in two of those cases.
AUTHOR COMMENTARY
Boy, these red hats, I tell ya! The mental gymnastics, the fiery hoops that they jump through, all just so they don’t have to admit that they have been cheated and lied to. Nope, they’d rather keep lying and chalk it up to cosmic checkers. I just presented to you the synopsis of the letter itself; it is clear-cut, read it yourself. It’s political double-speak to cover their rear-ends. Sauer projects that DoJ and the Trump administration acknowledge religious freedom, then why request to have the lawsuit denied? Clearly, they don’t believe in religious freedom: it’s only “free” when they say it’s free.
But why is anyone here surprised? This is the man who declared himself “The Father of the Vaccines,” and defended them at any opportunity he could, and brought us the whole-of-government Operation Warp Speed, and was even inking contracts with Moderna to produce mRNA vaccines before he even announced to the nation that there was a “Covid,” and signed an executive order a year prior to create new vaccines in advance for a potential pandemic scenario! This golden high priest of Baal sends his regards…
Matthew 23:27 Woe unto you, scribes and Pharisees, hypocrites! for ye are like unto whited sepulchres, which indeed appear beautiful outward, but are within full of dead men's bones, and of all uncleanness. [28] Even so ye also outwardly appear righteous unto men, but within ye are full of hypocrisy and iniquity.
Isaiah 32:6 For the vile person will speak villany, and his heart will work iniquity, to practise hypocrisy, and to utter error against the LORD, to make empty the soul of the hungry, and he will cause the drink of the thirsty to fail.
But we would be remiss if we did not call out the UTTER HYPOCRISY of this administration;
Because right now DoW Secretary Pete Hegseth and the Pentagon are rescinding vaccine mandates for new enlistees, and extending the window for servicemen and women who were discharged under the Biden administration for not taking the Covid-19 vaccine to return to their positions.
In Hegseth’s own words:
“Under the disastrous Biden administration, this Pentagon waged an unrelenting war against our warriors on many fronts, including when it came to denying them simple medical autonomy and the freedom to express their religious convictions.
“In other words, our men and women in uniform were forced to choose between their conscience and their country, even when those decisions posed no threat to our military readiness — you know what I am talking about, what happened with Covid-19 and the vaccine. No more.”
Oh, the hypocrisy! What’s good for the goose is good for the gander, right? The military apparently now has a religious exemption because the Pentagon needs more bullet sponges to die for them, but they don’t have those rights when the state demands it. Incredible.
I can’t handle all this winning. My heart just might suddenly burst.
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Of course Hegseth will rescind all future enlistees from having to take a jab. The military is planning to make sure most of those young people will be coming home in coffins by setting them up for a kill in some battle. My opinion.It's death either way......GI's being killed in some stupid inquisition abroad or civilians getting jabbed with their witches' brew here in the USA. They want us dead. We're infidels who won't bow to these government altar boys' pope. Pray, pray, pray.......fast, fast, fast. The Lord is our only hope.
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