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Emergency application

Religious exemptions to school vaccines

Jane Doe, as next friend of C.F. v. James V. McDonald, Commissioner, New York State Department of Health

Denied
No. 26A239Injunction applicationFiled by a private partyPresented to Justice SotomayorFrom United States Court of Appeals for the Second Circuit

What did the Court do?

The Court denied the request on September 8, 2026, so nothing changes while the case continues in the lower courts.

Emergency rulings are temporary and do not decide the underlying case. Justice Alito and Justice Gorsuch would have ruled the other way.

Filed Ruled 21 days after filing

What's being asked

Jane Doe, acting for minor C.F., asks the Supreme Court for an emergency injunction (an urgent court order). She wants it while her appeal (a request for a higher court to review a decision) continues. Doe says her claims concern religious freedom and a parent's right to guide a child's religious upbringing. The other parties include New York's health commissioner, a school district, and its principal. The record does not say what school or health policy is at issue.

What the Court did

The Court refused Doe's request for an emergency injunction (an urgent court order) and denied the application (turned it down). It refused only temporary help while the appeal continues; it did not decide who wins the main case. Justice Alito and Justice Gorsuch would have granted it (approved the request); the order lists no other justices' positions.

  • Dissented
  • Vote not published
Dissenting · 2recorded against the Court's order
  1. Alitowould grant
  2. Gorsuchwould grant
Vote not published · 7the order does not say how they voted
  1. Roberts
  2. Thomas
  3. Sotomayor
  4. Kagan
  5. Kavanaugh
  6. Barrett
  7. Jackson
The order records the positions of 2 of 9 justices. The Court usually does not say how each justice voted on an emergency application, so the rest are shown as not published.
Half of 80 rulings on applications where the Court asked for a response came 10 to 26 days after filing, and the median was 17 days; this one was ruled on 21 days after filing.

What it means

The emergency decision concerns only temporary help and does not decide who wins the case. The case's appeal continues in the U.S. Court of Appeals for the Second Circuit. The docket lists no related case for the Supreme Court to fully review, and the Court scheduled no hearing on this request.

Sources

Facts on this page come from the Supreme Court docket, orders, and opinions for No. 26A239. The answers restate that record in plain words; explainer copy is written from the record and the filings only.

Checked October 20, 2026