The Supreme Court declined on Tuesday to hear an emergency appeal of Maine's vaccine requirement for healthcare workers.
Justice Stephen Breyer, an Obama appointee who oversees the 1st Circuit and has the discretion to address emergency applications there, rejected the emergency appeal.
However, Breyer did allow those who oppose the order to try again before the state's mandate goes into effect on Oct. 29, according to the Associated Press.
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The vaccine mandate was announced by Gov. Janet Mills on Oct. 1, requiring all hospital and nursing home workers to get vaccinated against COVID-19 or risk losing their jobs.
Opponents of the mandate filed an emergency appeal on Oct. 15 to the Supreme Court, hours after the U.S. 1st Circuit Court of Appeals in Boston denied a request to stop the mandate from taking effect.
The plaintiffs are represented by the Liberty Counsel, which filed the lawsuit in federal court in Maine in August, claiming to represent over 2,000 healthcare workers who are against being forced to vaccinate against COVID-19.
Noting that Breyer left the door open for another go, Liberty Counsel tweeted on Tuesday: “We are pleased that the Supreme Court is ready to consider this case if we do not get relief at the First Circuit Court of Appeals or if the lower court does not rule by October 29."
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Supreme Court Justice Sonia Sotomayor previously refused to block vaccine requirements for New York City teachers and Justice Amy Coney Barrett did the same for Indiana University staff and students.