Health Affairs July 7, 2022
After a 99-year hiatus, a global pandemic brought state vaccine mandates before the Supreme Court of the United States in its just-ended term. The case, Does v. Mills, came to the Court as an emergency request for an injunction through the Court’s “shadow docket,” and the Court considered the case only to the extent of denying the injunction request—the case was not fully briefed or argued before the Court as it would have been had the Court decided to review the case by granting certiorari. Nevertheless, the case offered some important insights into the thinking of Justice Neil Gorsuch on the balance between public health and religious liberty through an opinion Gorsuch wrote—on behalf of himself and Justices Clarence Thomas...
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