Supreme Court Justices Warn New York Not to Use Race Again to Ration Medical Treatment

Supreme Court Associate Justices Elena Kagan (L), Clarence Thomas ((2L), Samuel Alito (2R) and Chief Justice John Roberts (R) arrive for services for former President George H.W. Bush at the U.S. Capitol in Washington, on Dec. 3, 2018. Pablo Martinez Monsivais/AP Photo

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.