Judge Temporarily Blocks New York’s Vaccine Mandate For Healthcare Workers

The Executive Office order failed to include one very important thing

Federal judge blocks New York COVID-19 vaccine mandate for healthcare workers

A federal judge has temporarily blocked New York state from requiring healthcare workers to be vaccinated for COVID19.

Judge David Hurd of the Northern District of New York issued the ruling after 17 healthcare workers filed a lawsuit saying the mandate violated their rights because it did not permit religious exemptions.

The state issued the vaccine mandate on Aug. 28, requiring employees at nursing homes and hospitals to have at least one shot by Sept. 27.

The plaintiffs, who included physicians and nurses, claimed that because the New York Department of Health allowed no exemptions for “sincere religious beliefs that compel the refusal of such vaccination,” the mandate violated their rights under the U.S. Constitution and the New York State Human Rights Law.

It appears that their objections centered on their religious conviction to oppose any involvement in abortion. The court papers said that all COVID-19 vaccines use cell lines derived from fetal tissue in their development, production, or testing.

Well, that’s a new one, and could have profound implications on the federal mandate, whenever the rule is created, depending on how the state responds and how the arguments go in court. Even though the federal rule will supposedly include a religious exemption, some of the yammerings of Biden appointees has made it seem that they will be looking hard at anyone who claims a religious exemption and seemingly turning them down. The inclusion of the fetal tissue cells issue will ramp that religious opposition up majorly in suits against Los Federales. But, won’t kill the federal mandate. As for that mandate

Arizona becomes first state to sue over Biden vaccine mandate, even though the text isn’t out yet

Arizona’s Attorney General Mark Brnovich filed a lawsuit against the Biden administration over its vaccine mandates, the first of several threatened cases from Republicans.

In the complaint submitted Tuesday, Brnovich called the policy is “unconstitutional,” appearing to focus his argument on the claim that it unfairly does not apply to migrants who enter the US illegally. (snip)

Brnovich argued that the mandates favor “migrants who cross the southern border illegally ” who “are not subject to any vaccination requirements.”

“This reflects an unmistakable-and unconstitutional-brand of favoritism in favor of illegal migrants,” Brnovich’s office said in a statement.

He argues that the move violates the Equal Protection Clause of the 14th Amendment, his office said.

Now, that’s an interesting take. Can this be argued prior to the release of the rule by OSHA, because Biden and his people have spoken about what the rule is meant to do, and illegals are not being required to get the vaccine, or, seemingly, tested. And it would create a situation over the 100+ people rule, since this would exclude those companies with fewer employees, potentially violating the Equal Protection Clause.

Meanwhile

Teachers march through New York City to protest vaccine mandates

Hundreds of current and former teachers, parents, school staffers, and others marched across New York City‘s Brooklyn Bridge on Monday to protest vaccine mandates.

Teachers for Choice organized the demonstration in Foley Square to condemn the vaccine mandates, which the organization claims force teachers either to get vaccinated or lose their jobs.

Marching from the Brooklyn Pier and across the Brooklyn Bridge, protesters carried posters with messages including, “Last years heroes, this years unemployed” and “I call the shots.”

“I have lived and worked in this city as a civil servant for 28 years of my life,” Amy Carroll, a retired teacher, told PIX11. “I should be able to make my own health decisions and make a decision that doesn’t affect my employment, that doesn’t affect my right to go to a restaurant, or a Broadway play, a museum.”

They should be. The un-vaxxed should be able to make that decision, and, if they get sick, that’s on them. Those of us who took the vaccine took it to protect ourselves, because that’s the way it’s supposed to work.