Journal articles on the topic 'Wheelchair court sports'

Despite the growing interest in Paralympic sport, the evidence base for supporting elite wheelchair sport performance remains in its infancy when compared with able-bodied (AB) sport. Subsequently, current practice is often based on theory adapted from AB guidelines, with a heavy reliance on anecdotal evidence and practitioner experience. Many principles in training prescription and performance monitoring with wheelchair athletes are directly transferable from AB practice, including the periodization and tapering of athlete loads around competition, yet considerations for the physiological consequences of an athlete’s impairment and the interface between athlete and equipment are vital when targeting interventions to optimize in-competition performance. Researchers and practitioners are faced with the challenge of identifying and implementing reliable protocols that detect small but meaningful changes in impairment-specific physical capacities and on-court performance. Technologies to profile both linear and rotational on-court performance are an essential component of sport-science support to understand sport-specific movement profiles and prescribe training intensities. In addition, an individualized approach to the prescription of athlete training and optimization of the “wheelchair–user interface” is required, accounting for an athlete’s anthropometrics, sports classification, and positional role on court. In addition to enhancing physical capacities, interventions must focus on the integration of the athlete and his or her equipment, as well as techniques for limiting environmental influence on performance. Taken together, the optimization of wheelchair sport performance requires a multidisciplinary approach based on the individual requirements of each athlete.

The purpose of the current study was to determine the validity and reliability of an inertial sensor for assessing speed specific to athletes competing in the wheelchair court sports (basketball, rugby, and tennis). A wireless inertial sensor was attached to the axle of a sports wheelchair. Over two separate sessions, the sensor was tested across a range of treadmill speeds reflective of the court sports (1.0 to 6.0 m/s). At each test speed, ten 10-second trials were recorded and were compared with the treadmill (criterion). A further session explored the dynamic validity and reliability of the sensor during a sprinting task on a wheelchair ergometer compared with high-speed video (criterion). During session one, the sensor marginally overestimated speed, whereas during session two these speeds were underestimated slightly. However, systematic bias and absolute random errors never exceeded 0.058 m/s and 0.086 m/s, respectively, across both sessions. The sensor was also shown to be a reliable device with coefficients of variation (% CV) never exceeding 0.9 at any speed. During maximal sprinting, the sensor also provided a valid representation of the peak speeds reached (1.6% CV). Slight random errors in timing led to larger random errors in the detection of deceleration values. The results of this investigation have demonstrated that an inertial sensor developed for sports wheelchair applications provided a valid and reliable assessment of the speeds typically experienced by wheelchair athletes. As such, this device will be a valuable monitoring tool for assessing aspects of linear wheelchair performance.

Purpose:To determine the relationship between outcomes of the shuttle wheel test (SWT) and peak oxygen uptake (VO2peak) during that test and whether SWT and VO2peak can discriminate between different skill levels of wheelchair tennis players. Methods:Fifteen wheelchair tennis players performed an SWT on a tennis court while VO2 was measured continuously. Outcome measures were VO2peak and achieved stage. Relations between outcomes and Dutch wheelchair tennis ranking were calculated with Spearman correlation. Independent t tests were used to test for differences between national and international players. Results:Moderate correlations were found between VO2peak and SWT outcome (r = .40–.47). The tennis ranking correlated weakly with VO2peak (r = –.35) and strongly with SWT outcome (r = –.80). A significant difference was found between national and international players for achieved stage (P = .027) and VO2peak (P = .027). Conclusions:The SWT outcome only explained a small part of the variance in VO2peak among players, so it cannot be considered a valid test for aerobic capacity. However, SWT outcomes are related to the skill level of the player and give a good indication of the overall peak wheelchair performance.

Purpose: To examine the effects of different small-sided games (SSGs) on physical and technical aspects of performance in wheelchair basketball (WB) players. Design: Observational cohort study. Methods: Fifteen highly trained WB players participated in a single 5v5 (24-s shot clock) match and three 3v3 SSGs (18-s shot clock) on a (1) full court, (2) half-court, and (3) modified-length court. During all formats, players’ activity profiles were monitored using an indoor tracking system and inertial measurement units. Physiological responses were monitored via heart rate and rating of perceived exertion. Technical performance, that is, ball handling, was monitored using video analysis. Repeated-measures analysis of variance and effect sizes (ESs) were calculated to determine the statistical significance and magnitude of any differences between game formats. Results: Players covered less distance and reached lower peak speeds during half-court (P ≤ .0005; ES ≥ very large) compared with all other formats. Greater distances were covered, and more time was spent performing moderate- and high-speed activity (P ≤ .008; ES ≥ moderate) during full court compared with all other formats. Game format had little bearing on physiological responses, and the only differences in technical performance observed were in relation to 5v5. Players spent more time in possession, took more shots, and performed more rebounds in all 3v3 formats compared with 5v5 (P ≤ .028; ES ≥ moderate). Conclusions: Court dimensions affect the activity profiles of WB players during 3v3 SSGs yet had little bearing on technical performance when time pressures (shot clocks) were constant. These findings have important implications for coaches to understand which SSG format may be most suitable for physically and technically preparing WB players.

Purpose: To confirm whether peak aerobic capacity determined during laboratory testing could be replicated during an on-court field-based test in wheelchair rugby players. Methods: Sixteen wheelchair rugby players performed an incremental speed-based peak oxygen uptake () test on a motorized treadmill (TM) and completed a multistage fitness test (MFT) on a basketball court in a counterbalanced order, while spirometric data were recorded. A paired t test was performed to check for systematic error between tests. A Bland–Altman plot for illustrated the agreement between the TM and MFT results and how this related to the boundaries of practical equivalence. Results: No significant differences between mean were reported (TM: 1.85 [0.63] vs MFT: 1.81 [0.63] L·min−1; P = .33). Bland–Altman plot for suggests that the mean values are in good agreement at the group level; that is, the exact 95% confidence limits for the ratio systematic error (0.95–1.02) are within the boundaries of practical equivalence (0.88–1.13) showing that the group average TM and MFT values are interchangeable. However, consideration of the data at the level of the individual athlete suggests that the TM and MFT results were not interchangeable because the 95% ratio limits of agreement either coincide with the boundaries of practical equivalence (upper limit) or fall outside (lower limit). Conclusions: Results suggest that the MFT provides a suitable test at a group level with this cohort of wheelchair rugby players for the assessment of (range 0.97–3.64 L·min–1), yet caution is noted for interchangeable use of values between tests for individual players.

The objective of this exploratory research is to study the impact of holding a tennis racket while propelling a wheelchair on kinetic and temporal parameters in a field-based environment. 13 experienced wheelchair tennis players with disabilities (36.1 ± 8.2 years, 76.8 ± 15.3 kg, 174.8 ± 17.1 cm) classified between 30/8 and first series performed two 20 m sprints in a straight line, on a tennis court: one while holding a tennis racket and the second without a tennis racket. They used their own sports wheelchair. Potential participants were excluded if they had injuries or pain that impaired propulsion. Maximal total force, maximal propulsive moment, rate of rise, maximal power output, push and cycle times and maximal velocity were measured. Sprinting while holding a tennis racket increased the cycle time by 0,051 s and push time by 0,011s. Sprinting while holding a tennis racket decreased the maximal propulsive moment, maximal power output, rate of rise and maximal velocity during propulsion by 6.713 N/m, 151.108 W, 672.500 N/s and 0.429 m/s, respectively. Our results suggest that the biomechanical changes observed associated with racket propulsion are generally in a direction that would be beneficial for the risk of injury. But sprinting holding a racket seems to decrease players propulsion performance. Working on forward accelerations with a tennis racket would be a line of work for coaches.

Purpose:Individuals with a spinal-cord injury have impaired thermoregulatory control due to a loss of sudomotor and vasomotor effectors below the lesion level. Thus, individuals with high-level lesions (tetraplegia) possess greater thermoregulatory impairment than individuals with lower-level lesions (paraplegia). Previous research has not reflected the intermittent nature and modality of wheelchair court sports or replicated typical environmental temperatures. Hence, the purpose of this study was to investigate the thermoregulatory responses of athletes with tetraplegia and paraplegia during an intermittent-sprint protocol (ISP) and recovery in cool conditions.Methods:Sixteen wheelchair athletes, 8 with tetraplegia (TP, body mass 65.2 ± 4.4 kg) and 8 with paraplegia (body mass 68.1 ± 12.3 kg), completed a 60-min ISP in 20.6°C ± 0.1°C, 39.6% ± 0.8% relative humidity on a wheelchair ergometer, followed by 15 min of passive recovery. Core temperature (Tcore) and mean (Tsk) and individual skin temperatures were measured throughout.Results:Similar external work (P = .70, ES = 0.20) yet a greater Tcore (P < .05, ES = 2.27) and Tsk (P < .05, ES = 1.50) response was demonstrated by TP during the ISP.Conclusions:Despite similar external work, a marked increase in Tcore in TP during exercise and recovery signifies that thermoregulatory differences between the groups were predominantly due to differences in heat loss. Further increases in thermal strain were not prevented by the active and passive recovery between maximal-effort bouts of the ISP, as Tcore continually increased throughout the protocol in TP.

El objetivo del presente trabajo fue analizar la estructura temporal del tenis en silla de ruedas de alto nivel. Se seleccionaron los 4 mejores jugadores masculinos del ranking nacional español. Se grabaron 6 partidos en superficie de tierra batida y se realizó un visionado y codificación de los mismos atendiendo a las siguientes variables: tiempo total de juego, tiempo de descanso, tiempo real, duración del punto y número de golpeos por punto. Los resultados muestran un duración media del partido de 70 minutos, un tiempo real de juego del 18%, un ratio tiempo de trabajo: tiempo de descanso de 1:4.6 y una duración media del punto de 7 segundos. A su vez, la mayoría de los puntos terminan en 3 o menos golpeos. El conocimiento de la estructura temporal de la competición ayuda al diseño del entrenamiento específico.Abstract. The aim of this study was to analyze the temporal structure of elite wheelchair tennis match. The best four Spanish male players ranked were selected. Six matches were recorded on clay surface, viewed, and coded according to the following variables: total time of play, resting time, real time, length and number of shots by rally. The results showed an average match length of 70 min, a real-time game 18%, a work:rest time ratio 1:4.6 and an average length point about 7 s. Meanwhile, most of the points end with three or less shots. Knowledge of the temporal structure of the competition helps to design specific training drills.

Purpose:To examine the heart-rate (HR) response and court-movement variables during wheelchair tennis match play for high- (HIGH) and low- (LOW) performance-ranked players. Analysis of physiological and movement-based responses during match play offers an insight into the demands of tennis, allowing practical recommendations to be made.Methods:Fourteen male open-class players were monitored during tournament match play. A data logger was used to record distance and speed. HR was recorded during match play.Results:Significant rank-by-result interactions revealed that HIGH winners covered more forward distance than HIGH losers (P < .05) and had higher average (P < .05) and minimum (P < .01) HRs than LOW winners. LOW losers had higher average (P < .01) and minimum (P < .001) HRs than LOW winners. Independent of result, a significant main effect for rank was identified for maximum (P < .001) and average (P < .001) speed and total (P < .001), reverse (P < .001), and forward-to-reverse (P < .001) distance, with higher values for HIGH. Independent of rank, losing players experienced higher minimum HRs (P < .05). Main effects for maximum HR and actual playing time were not significant. Average playing time was 52.0 (9.1) min.Conclusions:These data suggest that independent of rank, tennis players were active for sufficient time to confer health-enhancing effects. While the relative playing intensity is similar, HIGH players push faster and farther than LOW players. HIGH players are therefore more capable of responding to ball movement and the challenges of competitive match play. Adjustments to the sport may be required to encourage skill developmental in LOW players, who move at significantly lower speeds and cover less distance.

Specific wheelchair basketball (WB) skills on the court have been poorly analyzed in relation to improving players’ performance according to their functional class. The purpose of this study was to evaluate the associations between maximum velocity (Vmax) and peak moment (PM) in the shoulder and elbow joints in specific WB skills and to compare performance between the main two groups by functional class. Twelve male WB players, divided in categories A (functional classes 1.0–2.5) and B (class 3.0–4.5), performed a sprint test battery composed by four tests (with and without ball) and isokinetic tests. A significant relationship between PM of the internal and external shoulder rotation and the flexion and extension elbow with Vmax (p < 0.05) was found. During a 5 m backward sprint test, category B was faster in the last three meters than category A (p < 0.05) and also for the rest of the test but p = NS. Category B showed higher PM than category A for internal shoulder rotation (ISR) at 60 °/s and at 180 °/s on the dominant side (DS) (p < 0.05). In conclusion, ISR on the DS was found different for both groups and showed significant relationship with Vmax in all of the tests performed. Moreover, at higher speeds the elbow flexion and extension in DS were correlated with Vmax in all the actions with ball (passing, bouncing, and braking) reflected the importance of these joints movements in acquiring speed when performing sport specific WB skills.

BackgroundIn Paralympic sports, classification of athletes based on the impact of impairments on the ability to perform is needed, to prevent a one-sided and predictable outcome of the competition in which the least impaired athlete has the best chance to win. Classification is developing from expert opinion based to evidence based. In wheelchair court sports, there is evidence to support the impact of impairment on wheeled mobility, but not on ball handling. To assess the impact of impairment on the ability to perform ball-handling activities, standardised tests for ball handling are needed.PurposeTo assess if reliable and valid standardised tests for the measurement of ball-handling proficiency in a wheelchair or able-bodied court sports exist; to assist in the development of Evidence-Based Classification (EBC) in wheelchair court sports according to the guidelines of the International Paralympic Committee (IPC).MethodsThe review was conducted according to the Meta-Analysis of Observational Studies in Epidemiology (MOOSE) statement. Search terms used were “wheelchair,” “ball,” “ball sports,” “test,” and “performance.” Databases searched were Medline, Embase, PubMed, and Sport Discus. Study quality was assessed using the Strengthening the Reporting of Observational Studies in Epidemiology checklist.ResultsTwenty-two articles were included. Foundational Movement Skills in ball-handling proficiency were assessed. Tests for throwing maximal distance showed sufficient reliability and validity. Precision in throwing showed low-to-moderate reliability and conflicting results in validity. Throwing techniques differed between studies. Dribbling the ball showed high reliability, but conflicting results in validity.ConclusionsTests for throwing maximal distance, throwing precision, and dribbling the ball can be used in standardised tests for activity limitation in wheelchair court sports. However, tests need to be adapted and standardised and then reassessed for reliability and validity in athletes with and without arm impairment.

Prediction of propulsion kinematics and performance in wheelchair sports has the potential to improve capabilities of individual wheelchair prescription while minimizing testing requirements. While propulsion predictions have been developed for daily propulsion, these have not been extended for maximal effort in wheelchair sports. A two step-approach to predicting the effects of changing set-up in wheelchair rugby was developed, consisting of: (One) predicting propulsion kinematics during a 5 m sprint by adapting an existing linkage model; and (Two) applying partial least-squares regression to wheelchair set-up, propulsion kinematics, and performance. Eight elite wheelchair rugby players completed 5 m sprints in nine wheelchair set-ups while varying seat height, seat depth, seat angle, and tire pressure. Propulsion kinematics (contact and release angles) and performance (sprint time) were measured during each sprint and used for training and assessment for both models. Results were assessed through comparison of predicted and experimental propulsion kinematics (degree differences) for Step One and performance times (seconds differences) for Step Two. Kinematic measures, in particular contact angles, were identified with mean prediction errors less than 5 degrees for 43 of 48 predictions. Performance predictions were found to reflect on-court trends for some players, while others showed weaker prediction accuracy. More detailed modeling approaches that can account for individual athlete activity limitations would likely result in improved accuracy in propulsion and performance predictions across a range of wheelchair sports. Although this would come at an increased cost, developments would provide opportunities for more suitable set-ups earlier in an athlete's career, increasing performance and reducing injury risk.

Purpose: To examine the efficacy of per-cooling via ice slurry ingestion (ICE) in wheelchair tennis players exercising in the heat. Method: Eight wheelchair tennis players undertook sprints (4 sets of 10 × 5 s over 40 min) in a hot environment (∼32 °C), interspersed by 3 boluses of 2.67 g·kg (6.8 g·kg total) ICE or drinking temperate water (control condition). Athletes performed an on-court test of repeated sprint ability (20 × 20 m) in temperate conditions immediately before and 20 minutes after the heat exposure, and time to complete each sprint as well as intermediate times were recorded. Gastrointestinal and weighted mean skin and forehead temperatures were collected throughout the heat exposure, as were thermal sensation, heart rate, and blood lactate concentration. Sweat rate was calculated from body mass changes and fluid/ice intakes. Results: Compared with the control condition, ICE resulted in a significantly lower gastrointestinal temperature (95% CI, 0.11–0.17 °C; P < .001), forehead temperature (0.58–1.06 °C; P < .001), thermal sensation (0.07–0.50 units; P = .017), and sweat rate (0.06–0.46 L·h−1; P = .017). Skin temperature, heart rate, and blood lactate concentration were not significantly different between conditions (P ≥ .598). There was no overall change preheating to postheating (P ≥ .114) or an effect of condition (P ≥ .251) on repeated sprint times. Conclusions: ICE is effective at lowering objective and subjective thermal strain when consumed between sets of repeated wheelchair sprints in the heat. However, ICE has no effect on on-court repeated 20-m sprint performance.

BackgroundWhile wheelchair basketball is one of the most popular Paralympic sports, it eventually causes shoulder problems and pain in many athletes. However, shoulder kinetics has never been assessed during propulsion in wheelchair basketball. This study analyzes the impact of sprinting and dribbling on pushrim and shoulder kinetics in terms of external forces and net muscular moments.MethodsA group of 10 experienced wheelchair basketball athletes with various classifications performed four, 9-m sprints on a basketball court using classic synchronous propulsion, and four sprints while dribbling forward. Pushrim and shoulder kinetics were calculated by inverse dynamics, using a motion capture device and instrumented wheels.FindingsSprinting was associated to peak shoulder load from 13 to 346% higher than in previous studies on standard wheelchair propulsion in most force/moment components. Compared to sprinting without a ball, dribbling reduced the speed, the peak external forces in the anterior and medial direction at the shoulder, and the peak net shoulder moment of internal rotation.InterpretationThe high shoulder load calculated during both sprinting and dribbling should be considered during training sessions to avoid overloading the shoulder. Dribbling generally reduced the shoulder load, which suggests that propelling while dribbling does not put the shoulder at more risk of musculoskeletal disorders than sprinting.

Photo 3701647 © Jeremy Swinborne | Dreamstime.com INTRODUCTION Among the many unclear issues as interpretations of Employment Division v. Smith arise in the context of vaccination mandates is a simple question: Does any exception to a law at all (whether for a group or an individual) render a law not “generally applicable and religion-neutral” in the eyes of the current Supreme Court? I. Background Prior to Employment Division v. Smith,[i] Sherbert v. Verner[ii] set forth the free exercise test which called for strict scrutiny requiring a compelling state interest and the use of the least restrictive means to achieve the state interest when a law poses a substantial burden to the exercise of religion. Sherbert had a broad holding that prior to Smith applied to laws whether neutral on their face or not, and whether the asserted discrimination was intentional or not. One issue with Sherbert was that judges were not especially adept at judging the sincerity of beliefs and the importance of religious rituals to individuals, making it difficult to determine whether a law imposed a “substantial burden” on the practice of a religion. Employment Division v. Smith holds that laws that are generally applicable and religion-neutral need not be justified by a compelling government interest even if they do have the effect of (unintentionally) burdening a religious practice.[iii] Smith, decided in 1990, altered and narrowed judicial discretion in evaluating neutral laws that may impede the free exercise of religion. Justice Scalia aligned free exercise with other First Amendment rights.[iv] He also alleviated the need for judges to determine the burden on and the sincerity of religious beliefs in instances of neutral laws. “Smith therefore diminished judicial power to grant religious citizens exemptions from their civic obligations...”[v] Yet a carveout was maintained for laws that have a “mechanism for individualized discretion”; strict scrutiny still applies to those. Lukumi[vi] (1993) reaffirmed yet distinguished Smith. In Lukumi, the law in question was adopted to ensure that a religious group would be rendered unable to sacrifice animals. The law had numerous exemptions (clearly people may kill animals for many non-essential reasons like hunting and fishing for sport, etc.) and the lawmakers seemed to have the intent of interfering with animal sacrifice. It was not considered generally applicable on various grounds and the Lukumi Court states, “As we noted in Smith, in circumstances in which individualized exemptions from a general requirement are available, the government "may not refuse to extend that system to cases of 'religious hardship' without compelling reason." Ibid., quoting Bowen v. Roy, 476 U. S., at 708 (opinion of Burger, C. J.).”[vii] In Lukumi, arguably there were so many exceptions, the rule was clearly targeting religious sacrifices. The Court applied strict scrutiny and the law was deemed unconstitutional. II. The Current Supreme Court and Laws Outside of Smith The current and recent cases indicate that some justices on the Supreme Court assert that the caselaw supports religious exemptions to a broad array of laws. Two arguments support this result: either a limited interpretation of “generally applicable and neutral” or a slightly different tactic which argues that any laws with individual exceptions call for strict scrutiny. (One argument is that those which allow exceptions are not generally applicable and neutral, and thus fall outside of Smith and they require strict scrutiny;[viii] the other is that a law can be generally applicable and neutral, but if it has a system for exceptions, then it is subject to strict scrutiny.[ix]) In John Does 1-3 v. Mills, the Supreme Court denied an injunction on October 29, 2021. The case concerns Maine’s vaccine mandate and will be heard on the merits. Gorsuch dissented from the denial of injunctive relief. He applied Smith, Lukumi, and Fulton v. Philadelphia[x] saying that because there is a medical exemption, the law is not “generally applicable”[xi] and strict scrutiny will apply. Thomas and Alito joined Gorsuch. The Gorsuch dissent also implies that the Maine medical exemption may be somewhat bogus saying Maine finds the “mere trepidation over vaccination as sufficient” if it is expressed in medical rather than religious terms.[xii] Justice Barrett, joined by Kavanaugh, concurred in the denial of the injunction, but clarified that her reasoning was a wish to avoid giving a “merits preview” by enjoining the law, based on the applicants’ likelihood of success, noting the case is “the first to address the questions presented.”[xiii] III. Do Medical Exemptions Negate the Possibility of a Neutral and Generally Applicable Law? Are they a de facto “mechanism for individual exemption”? To me, it seems that under the current law, a medical exemption could make the absence of a religious exemption more problematic. The big issue now is whether Barrett and Kavanaugh and any (even all) other justices are likely to find the medical exemption is a “mechanism for individual exemptions” or whether it otherwise more simply makes a law not neutral or generally applicable. In previous recent COVID-19 cases, the argument of emergency authority was prominent. Caselaw regarding emergency use of governmental powers trumped some constitutional arguments and led to disparate COVID-19 caselaw.[xiv] For example, some courts applied Jacobson v. Massachusetts,[xv] giving deference to public health authorities while others applied strict scrutiny.[xvi] At the Supreme Court level, Justices Sotomayor, Kagan, and Breyer have been more willing to analyze COVID-19 regulations according to emergency powers.[xvii] a. In Favor of the Gorsuch Reasoning The Gorsuch dissent will require the state to offer proof of some rationale for why a medical exemption would be more acceptable, less dangerous, etc. than a religious one. Because there is a medical exemption, the causal nexus between the state’s goals and the restrictions will matter. For example, in Fraternal Order of Police v. Newark, a requirement that police be clean shaven was invalidated because there was a medical exception.[xviii] The problem with the rule was that the government interest in uniformity was not violated any more or less whether the person was noncompliant due to medical as opposed to religious reasons. Gorsuch correctly applied similar reasoning arguing that those not in compliance with the Maine vaccine mandate due to religious exemptions posed no more danger than those noncompliant due to medical conditions.[xix] An opposing side might argue that by the numbers, and without a need for a doctor’s signature, more people would apply for and receive religious exemptions, thus harming the ability to reach herd immunity more, or posing more risk of community spread. b. But, on the other hand There are many laws with medical exemptions. It would not seem right that they be subject to strict scrutiny for failing to offer religious outs as well. For example, places without motorized vehicles could allow motorized wheelchairs. Indeed, the ADA may even call for special treatment in many circumstances where religious special treatment would not be granted. Disability law often requires variances, changing zoning to allow ramps, or other accommodations.[xx] It does not appear that every disability accommodation equates to a need to allow a corresponding religious accommodation, nor that strict scrutiny would apply. Zoning cases are common where churches seek exceptions from historical landmark regulations and the results of those cases vary.[xxi] One of the biggest vulnerabilities of the Smith ruling is that arguably all laws have an individualized enforcement aspect. While it may not be an official exemption or a “mechanism for individual exemption”, individuals have the ability to use courts to challenge laws, there are laws that rely on wishy washy terms, like “good cause”, and there are groups whose failure to comply with laws may be traditionally ignored. In each of those scenarios, those seeking religious exemptions may have a stronger case, and eventually may chip away at Smith. c. Would a Different Built-In Exemption Preclude Application of Smith? Application of Smith may depend on whether the exemption is discretionary or built in. For example, if an exemption said anyone may apply for an exemption with good cause, religious ones should be fairly and equally considered. If an exemption reads anyone with an autoimmune disease is exempt, the class of people exempt would be delineated (unlike the Maine language) rather than discretionary as with the open-ended medical exemption language of the Maine statute. In the case of a class-like exemption, the argument that the law is neutral and generally applicable would be stronger. Smith was not really meant to declare that laws with any categories would be vulnerable to free exercise challenges. Similarly, objective criteria in providing exemptions differs. When criteria for exemptions are made clear, the religious argument could be weaker. However, the Gorsuch argument that in the end the religious objector poses no more danger to others than the medical (or other maybe conscientious, financial, or physical) objector may be the winning argument. IV. Side Note: Another Consideration for Neutral Laws In Roman Catholic Diocese of New York, Justice Kavanaugh created a peer group limitation in applying Smith. Kavanaugh found that a law that limited gatherings at religious services was not neutral. The law had various categories of entity.[xxii] An interesting twist is that other entities similar to churches in objective concrete ways (like theaters) were closed altogether, so arguably religion was favored over those, but disfavored compared to essential businesses (like food stores). The orange and red zones in the challenged Cuomo Executive Order did have specific rules for places of worship. Gorsuch referred to Lukumi in his concurrence and went directly to strict scrutiny without sincerely entertaining the concept that the Executive Order was a neutral and generally applicable law. That is in keeping with his dissent in Does 1-3 v. Mills. Yet, it remains possible to argue that laws with objective, defined categories may still be neutral and generally applicable. V. Time to Abandon Jacobson at this Juncture of COVID-19 Jacobson applies in public health emergencies and, while in recent Supreme Court cases, many justices rightly pointed to the emergency as a reason to compromise important rights, the emergency aspect of the pandemic is waning. In many areas, the positive rate is quite low, businesses are returning to normal, and the vaccination rate is high. As such, the abandonment of strict scrutiny in favor of Jacobson’s emergency deference to public health entities, something Gorsuch failed to entertain in South Bay Pentecostal Church v. Newsom[xxiii] anyway, is arguably no longer warranted. Deference to the state and to experts must be limited to emergencies. Justices Kagan, Breyer, and Sotomayor who rightly cautioned against “armchair epidemiology”[xxiv] during the height of the COVID-19 pandemic might return to stricter stances on protecting rights as the emergency dies down or becomes localized, and as increasing methods and treatments arise, like the COVID-19 pill by Merck. The calculus of whether we need strict COVID-19 regulations is dynamic. This is not a static emergency with powers to be left in place unconditionally. CONCLUSION The argument that vaccination is a civic and moral obligation that people should engage in regardless of religious beliefs is stronger in an emergency. Whether deemed to include a “mechanism for individual exemptions” or just declared not neutral or generally applicable, laws offering any exceptions are more vulnerable to free exercise claims. Under the current Supreme Court composition, anticipating that laws may face strict scrutiny is wise—Smith is unlikely to shield seemingly neutral laws in the face of free exercise cases. That is not necessarily a bad outcome in a country that purports to allow religious freedom and can do so safely. Strict scrutiny is merely a protection that would ensure the public that laws are meaningful, achieve compelling purposes, and do so without unnecessarily impeding fundamental rights. Yet one bad outcome of a rule that says if there are medical exemptions so must there be religious ones is that lawmakers will write laws that are more absolute, rigid, and unyielding to legitimate claims. [i] 494 U.S. 872 (1990). https://supreme.justia.com/cases/federal/us/494/872/#tab-opinion-1958253 [ii] 374 U.S. 398 (1963). https://supreme.justia.com/cases/federal/us/374/398/#tab-opinion-1944463 [iii] Smith, at 879 (religion does not excuse people from compliance with neutral laws.) [iv] Kaplan, Carol M., “The Devil is in the Details: Neutral, Generally Applicable Laws and Exemptions from Smith,” New York University Law Review, October 2000. https://www.nyulawreview.org/wp-content/uploads/2018/08/NYULawReview-75-4-Kaplan.pdf [v] Kaplan, at 1053. [vi] Lukumi Babalu Aye, Inc. v. City of Hialeah 508 U.S. 520 (1993). https://supreme.justia.com/cases/federal/us/508/520/#tab-opinion-1959281 [vii] Lukumi, at 537. [viii] Keeler v. Mayor of Cumberland. 940 F. Supp. 879 (D. Md. 1996) https://law.justia.com/cases/federal/district-courts/FSupp/951/83/1381605/; Kaplan, at 1066. [ix] Kaplan, at 1062, citing Swanson v. Guthrie Indep. Sch. Dist., 135 F. Supp. 694 (10th Cir 1998). [x] Fulton v. Philadelphia, 593 U.S. __ (2021) [xi] Does 1-3 v. Mills, 595 U.S. ____(2021). Gorsuch, dissent, p. 2. https://www.supremecourt.gov/opinions/21pdf/21a90_6j37.pdf [xii] Does 1-3 v. Mills, Gorsuch dissent, p. 3. [xiii] Does 1-3 v. Mills, Barret, concurring. https://www.supremecourt.gov/opinions/21pdf/21a90_6j37.pdf [xiv] Zimmerman, A. “Weeding Out Disingenuous Emergency Orders: A Consistent Ethical Justification to Determine Whether to Apply Jacobson V. Massachusetts’ Deferential Approach or the Tiered Scrutiny That Would Apply Absent an Emergency”. 2021. Voices in Bioethics, vol. 7, May 2021, doi:10.7916/vib.v7i.8037. [xv] 197 US 11 (1905). [xvi] Zimmerman, A. 2021. doi:10.7916/vib.v7i.8037. [xvii] South Bay Pentecostal Church v. Newsom (2021), Kagan, dissenting, joined by Breyer and Sotomayor (Justices are “not scientists”.) [xviii] Kaplan, at 1079, citing Fraternal Order of Police v. City of Newark, 170 F. 3d 359 (3d Cir. 1999). [xix] Does 1-3 v. Mills, Gorsuch dissent, p. 4. [xx] https://www.ada.gov/comprob.htm [xxi] Keeler v. Mayor of Cumberland (provisions deemed individualized exemptions so religious deserve strict scrutiny and consideration); Rector of St. Bartholomew’s Church v. City of New York (2d Cir. 1990)(discretion does not negate Smith if it is not discriminatory so religious does not get strict scrutiny); see Kaplan at 1066. [xxii] Cuomo executive order established zones. https://esd.ny.gov/cluster-action-initiative-faq [xxiii] 592 US __ (2021). https://www.supremecourt.gov/opinions/20pdf/20a136_bq7c.pdf [xxiv] South Bay Pentecostal Church v. Newsom (2021) (dissent).