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 ...
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.
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...
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.
Until it goes to the full state court.
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).
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,
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.
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.
Thank you. You are big time correct.
There have been people who waited to be removed, as well as advice to people to NOT quit - make them fire you.
d": ^ )
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