Two conservative Supreme Court justices warned New York officials that if they try again to ration health care based on the patient’s race—as they did with COVID-19 treatments in 2021—they will vote to take a case challenging the policy on an emergency basis.
The comments came in a statement Justice Samuel Alito filed when the court denied a request to review the plan of New York City and New York State to deprioritize the treatment of white COVID-19 patients during the recent pandemic.
Justice Clarence Thomas joined the statement.
Both justices concurred with the denial only because the “circumstances underlying the dispute below have long since come and gone,” meaning because the COVID-19 emergency has ended….