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Federal Judge Blocks New York City’s School COVID-19 Vaccine Mandate
The Epoch Times ^ | September 25, 2021 | Zachary Stieber

Posted on 09/25/2021 2:23:33 PM PDT by E. Pluribus Unum

New York City’s COVID-19 vaccine mandate for teachers and other Department of Education staffers is on pause after a federal judge late Friday granted a request to temporarily block it.

Plaintiffs, a group of teachers, asked for a temporary injunction pending review by a three-judge panel on the U.S. Court of Appeals for the Second Circuit.

U.S. Appeals Court Judge Joseph Bianco, a George W. Bush nominee, in a one-page order granted the request.

The panel will now decide whether to impose an injunction pending appeal or allow the mandate to take effect.

Rachel Maniscalco and three other New York City Department of Education workers sued over the mandate, which was supposed to start on Sept. 27.

They said the order, which requires all workers to show proof they’ve received at least one dose of a COVID-19 vaccine, is government overreach, violating the U.S. Constitution’s Due Process Clause. That clause states in part that no state can “deprive any person of life, liberty, or property, without due process of law.”

The right to pursue a profession is a liberty interest and the mandate, which threatens to cost workers who don’t comply with their jobs, interferes with it, the suit said.

(Excerpt) Read more at theepochtimes.com ...


TOPICS: News/Current Events
KEYWORDS: 1moretime; 2ndcircuit; 54to42; 95to0; briancogan; brianmarkcogan; brianmcogan; dubyajudge; ednewyork; federalistsociety; josephfbianco; secondcircuit; smirkingchimpjudge; trumpjudge

1 posted on 09/25/2021 2:23:33 PM PDT by E. Pluribus Unum
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To: E. Pluribus Unum

So many different ways to argue this. People should be ready to be fired, then individually sue. Seems that the government organizations, like private companies, can ill-afford hundreds of thousands of lawsuits. Just like the military, maybe e easier there with the UCMJ, I doubt the military is prepared or able to carry out 800,000 courts martials that might involve over half of their service members.


2 posted on 09/25/2021 2:32:28 PM PDT by Reno89519 (Respect America, Embrace America, Buy American, Hire American.)
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To: E. Pluribus Unum

The thing I like about this, is the Left loves to use the
courts to implement their Socialist agenda. This time they
lost an important control issue, due to a court decision.

I love that! Heh heh heh...


3 posted on 09/25/2021 2:49:23 PM PDT by DoughtyOne (Biden = Green Light to > China, N. K., Russia, M/E Terrorists, FBI, CDC, MSM, & the Left...)
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To: Reno89519
People should be ready to be fired, then individually sue

Standing does not require actual harm, but you can support standing by showing imminent harm - e.g. you will be fired if you do not subscribe to the complained of government mandate. You don't have to commit a crime or offense to complain of an act that makes and action illegal, but merely show that the government has invaded a specific right that you have.

4 posted on 09/25/2021 3:14:03 PM PDT by AndyJackson
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To: DoughtyOne

Until it goes to the full state court.


5 posted on 09/25/2021 3:18:10 PM PDT by napscoordinator (Trump/Hunter, jr for President/Vice President 2016 )
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To: AndyJackson

My point is that I read of people quitting in fear, slinking away, rather than standing up for themselves. It is a lot cheaper and easier for companies when people quit as opposed to being fired. And if they are near retirement, bet it is harder to claim or reclaim benefits when you voluntarily quit. If in the situation of these people, I’d want to make it as painful and expensive as possible for them to fire me. I’d sue for wrongful termination (never heard of anyone suing for wrongful quitting).


6 posted on 09/25/2021 3:20:32 PM PDT by Reno89519 (Respect America, Embrace America, Buy American, Hire American.)
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To: Reno89519

Or you sue so that you don’t have to face termination until appeals are exhausted on the legal challenge to the order you are protesting in the first place,


7 posted on 09/25/2021 3:23:06 PM PDT by AndyJackson
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To: napscoordinator

It was a federal judge.

I don’t think the state get a review of federal judge’s
decisions.

A circuit court of appeals would be the next step I believe.


8 posted on 09/25/2021 3:29:02 PM PDT by DoughtyOne (Biden = Green Light to > China, N. K., Russia, M/E Terrorists, FBI, CDC, MSM, & the Left...)
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To: E. Pluribus Unum

Well, the commie DumblASSio insists that all teachers and staffers get the Clot Shot or be fired. I don’t see how that could possibly be Constitutional.


9 posted on 09/25/2021 5:55:48 PM PDT by EinNYC
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To: DoughtyOne

Thank you. You are big time correct.


10 posted on 09/25/2021 6:38:05 PM PDT by napscoordinator (Trump/Hunter, jr for President/Vice President 2016 )
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To: Reno89519

There have been people who waited to be removed, as well as advice to people to NOT quit - make them fire you.


11 posted on 09/25/2021 6:54:36 PM PDT by kearnyirish2 (Affirmative action is economic warfare against white males (and therefore white families).)
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To: napscoordinator
Thank you.

d": ^ )

12 posted on 09/25/2021 8:37:17 PM PDT by DoughtyOne (Biden = Green Light to > China, N. K., Russia, M/E Terrorists, FBI, CDC, MSM, & the Left...)
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