Posted on 01/14/2023 8:08:03 PM PST by SeekAndFind
On Friday, New York Supreme Court Justice Gerald Neri blocked the state’s COVID vaccine mandate for health workers. The ruling held that Governor Kathy Hochul (D) and the state’s health department overstepped their authority by bypassing the legislature and mandating vaccines that are outside of what has been approved in sections in state public health law.
Neri ruled that the Respondents were specifically prohibited from implementing and mandatory immunization program for adults and children outside of what has been authorized by the legislature, writing,
The Mandate is beyond the scope of Respondents’ authority and is therefore null, void, and of no effect, and the Respondents, their agents, officers, and employees are prohibited from implementing or enforcing the Mandate.
In contemplating the standards for separation of powers, the judge found that the specific type of vaccine was not authorized in state law to be required, writing,
COVID-19 or coronaviruses are generally not covered by any of the aforementioned sections. Respondents are clearly prohibited from mandating any vaccination outside of those specifically authorized by the legislature.
Neri also found that the mandate was both arbitrary and capricious, citing evidence submitted,
The Mandate is entitled “Prevention of COVID-19 transmission by covered entities”. In true Orwellian fashion, the Respondents acknowledge then-current COVID-19 shots do not prevent transmission.
The court also noted that the definition of “fully vaccinated” as determined by the health department presented an absurdity, saying,
A term which is defined at the whim of an entity, subject to change without a moment’s notice contains all the hallmarks of ‘absurdity’ and is no definition at all.
The lawsuit was funded by Children’s Health Defense, on behalf of “Children’s Health Defense (CHD), on behalf of Medical Professionals for Informed Consent and several individual healthcare workers,” according to a statement. The Plaintiffs’ lead attorney, Sujata Gibson, celebrated the ruling, writing,
This is a huge win for New York healthcare workers, who have been deprived of their livelihoods for more than a year. This is also a huge win for all New Yorkers, who are facing dangerous and unprecedented healthcare worker shortages throughout New York State.
The New York state Health Department said that it strongly disagrees with Neri’s decision, according to a statement issued Saturday, and is currently exploring its options, Syracuse.com reports.
The requirement that healthcare workers be vaccinated against COVID-19 protects vulnerable New Yorkers and the people who care for them, and the requirement is a critical public health tool.
It is unknown how this ruling will impact legal precedent, as the United States Supreme Court declined to block New York’s mandate for health workers in December 2021, in a case that cited the lack of religious exemption.
Maybe good for a few people, but the CMS mandate is what applies to hospital & nursing home employees. The fed control of payments keeps hospitals from rescinding the mandate. Hospitals want their staff back.
If it doesn’t stop you from getting it...and doesn’t prevent you from passing it on...can anyone tell me the sense in any of this “mandate” crap.
I think New York’s “Supreme Court” is just the first level of courts.
I guess their top court is the “Supreme, Supreme, Supreme Court.”
In parts of the Commonwealth we have High Courts, and embassies are sometimes called High Commissions. You may imagine what Cheech and Chong would do if in charge of these institutions.
Two years late but still a good thing.
Now in any fair and proper world every healthcare working who lost their job would be able to sue the state for full compensation of all damages caused by the illegal order. And those who actually took the vax unwillingly should be able to sue for emotional or health damages as well.
No immunity for those government officials. No immunity for such blatant abuse of the law and such a violation of human rights.
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