HomePoliticsSupreme Court to consider New York's vaccine mandate

Supreme Court to consider New York’s vaccine mandate


“I applied again to Judge Thomas, who is a strict constitutionalist,” attorney Patricia Finn, of the group Make Americans Free Again, said in an interview. “I thought his previous opinions were in line with what he was arguing.”

Marciano sued the city last year challenging a policy that requires city workers to be vaccinated against Covid-19. He did not qualify for religious or medical exemptions, instead arguing that he had acquired immunity through his frontline service and should be free to make his own decision about receiving the vaccine.

His case began in state court and quickly moved to the federal level. The Second Circuit Court of Appeals denied his request to suspend the vaccination mandate while his case plays out, so he asked the Supreme Court to grant that injunction or strike down the city’s policy entirely.

The news that Marciano got the high court’s attention came as Adams announced the end of the vaccination mandate for private-sector employees and students involved in extracurricular activities on Tuesday. However, he did not budge on the requirement of city workers.

Finn said the Supreme Court decision could change that.

“I think the court has been waiting for a case like mine,” he said in an interview. “I think they are waiting for someone to address the issue in a very clean and direct way.”

The case, he said, is simple: State and federal laws prohibit vaccination mandates without the recipient’s informed consent. And because Marciano did not consent to it, the suit alleges, his due process rights are being violated.

So far, lawsuits against the city’s mandate for city workers have failed, as state and federal courts have affirmed the city’s broad power to enact vaccination requirements.

“The Supreme Court has rejected numerous attempts to have it take lawsuits over the vaccine mandate, and several other courts have upheld the mandate, recognizing that it saves lives and is a condition of employment,” Fabien Levy, a spokesman for the mayor’s office, said in a statement. a statement. .

On Monday, the same day that POLITICO first reported the mayor’s intentions to eliminate the private sector vaccination requirement, a union group sent a letter to First Deputy Mayor Lorraine Grillo and Office of Labor Relations Commissioner Renee Campion. , expressing outrage that the public sector edict would remain intact.

“This city government has treated its dedicated public employees, people who before the availability of vaccines still got up in the morning to protect our streets, put out fires, pick up litter, teach our children and provide vital social services, in risk. to their own health, as disposable,” wrote Harry Nespoli, co-chair of the Municipal Labor Committee, which includes the largest public sector unions in the city.

Greg Floyd, head of Teamsters Local 237, said he will wait to see if the City Council heeds requests from labor leaders to apply the same standards to the public sector that the mayor is applying to private businesses.

“The first thing we’re going to do is ask to have the same policy for our members who were laid off, and we’ll go from there,” Floyd said. “And if not, we will consider legal action.”



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