NY Supreme Court upholds ban on COVID vaccine mandate for health workers.
New York Supreme Court Upholds Ruling Invalidating COVID-19 Vaccine Mandate for Healthcare Workers
In a decision with far-reaching implications for the power of the state’s executive, New York’s Supreme Court has upheld its previous ruling invalidating the COVID-19 vaccine mandate for healthcare workers.
The ruling, issued by the Supreme Court’s Appellate Division, Fourth Department, dismisses the state’s appeal to reinstate the mandate.
“4th Dept dismissed state’s appeal as moot, and declined to vacate lower court win,” attorney Sujata Gibson wrote on X.
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“The mandate is over and declared unconstitutional,” said attorney Sujata Gibson. “Thank you to the Children’s Health Defense, Robert F. Kennedy Jr., and Medical Professionals For Informed Consent, and everyone who helped in this fight. Doesn’t make up for the harm New York inflicted, but will help protect us from more.”
The healthcare worker vaccine mandate was first implemented in September 2021, resulting in the departure or termination of approximately 34,000 medical professionals from their positions.
That mandate was originally struck down by the state’s Supreme Court back in January, although the state’s executive branch chose to appeal the decision.
In his opinion on Medical Professionals for Informed Consent vs. Bassett, Judge Gerard Neri wrote that the state’s Department of Health was ”clearly prohibited from mandating any vaccination outside of those specifically authorized by the legislature” and that they had “blatantly violated the boundaries of its authority as set forth by the legislature.”
Neri added that the mandate was “arbitrary and capricious” given that the COVID-19 vaccines failed to prevent transmission of the virus, meaning the policy had no rational basis.
New York’s Democratic Governor Kathy Hochul had previously explained her opposition to rehiring health care workers who lost their jobs as a result of the vaccine, saying that this was “not the right answer.”
“I think everybody who goes into a health care facility or a nursing home should have the assurance and their family member should know that we have taken all steps to protect the public health,” she said at the time. ”And that includes making sure those who come in contact with them at their time of most vulnerability, when they are sick or elderly, will not pass on the virus.”
In April, the state agreed to unilaterally drop the mandate of its own accord, although it still contested the decision for the sake of maintaining executive authority.
Last October, the New York Supreme Court also struck down a mandate enforced specifically by New York City on all public employees, with Justice Ralph Porzio arguing there was no evidence to “support the rationality of keeping a vaccination mandate for public employees, while vacating the mandate for private sector employees or creating a carveout for certain professions, like athletes, artists, and performers.”
In January 2022, the U.S. Supreme Court similarly blocked an attempt by President Joe Biden to enforce a mandate on large private companies that their employees either get the vaccine or face regular testing. However, it did allow the mandate to continue in medical facilities that took funding from Medicare and Medicaid.
“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly,” the court wrote in its unsigned opinion. “Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.”
Margaret Florini, a spokesperson for Medical Professionals for Informed Consent, called the latest decision a “historic” win that would help prevent such abuses of power from ever happening again.
“I think we will see many new lawsuits come about because of this historic win,” Florini said. “There is still plenty of work to be done. We lost so much, not just money but relationships, marriages, friends, and homes. We cannot forget what was done to us and we must continue to shed light on it and make impactful changes that will truly prevent this from happening again.”
How does the Supreme Court’s decision on vaccine mandates impact the balance between individual rights and public health interests
Y, are vaccinated.”
However, the Supreme Court’s ruling has called into question the constitutionality of such mandates and the extent of the executive branch’s power in implementing them.
The decision has received mixed reactions from various stakeholders. Those who oppose vaccine mandates argue that individuals should have the right to make their own healthcare decisions and that forcing medical professionals to be vaccinated is a violation of their rights. They also raise concerns about the efficacy and safety of the COVID-19 vaccines.
On the other hand, proponents of vaccine mandates argue that they are necessary to protect public health and prevent the spread of the virus. They claim that requiring healthcare workers to be vaccinated is a crucial step in ensuring the safety of patients and reducing the burden on the healthcare system.
Regardless of one’s stance on vaccine mandates, the Supreme Court’s decision highlights the importance of balancing individual rights and public health interests. It raises questions about the appropriate use of executive power and the role of the judiciary in ensuring the legality of government actions.
As the COVID-19 pandemic continues to evolve, it is likely that similar legal challenges to vaccine mandates will arise in other states. The outcome of these cases will have significant implications for healthcare workers, public health policies, and the broader debate on individual liberties in times of crisis.
Ultimately, the New York Supreme Court’s reaffirmation of its previous ruling invalidating the COVID-19 vaccine mandate for healthcare workers signifies a significant victory for those who oppose such mandates. It sets a precedent that could influence future legal battles and shape the vaccine-related policies of other states. However, it is important to remember that public health measures, including vaccination, remain crucial tools in the fight against COVID-19, and striking a balance between individual rights and public health interests is essential for a society to navigate through these challenging times.
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