Covid Vaccine Mandate Struck Down in NY

This Friday, New York Supreme Court Justice Gerald Neri blocked the state's COVID vaccination requirement for health professionals. The court ruled that Governor Kathy Hochul (D) and the state's health department exceeded their authority when they evaded the legislature and mandated vaccinations which are not in line with the scope of what was approved by the state health laws.

Neri determined that the respondents were restricted from implementing an obligatory vaccination program for adults and children that is not in line with what is approved by the legislature.

“The Mandate is outside the realm of the Respondents' authority, and therefore is null, ineffective, and without impact, and the Respondents and their officers, agents and employees are not prohibited in enforcing or applying Mandate.”

When examining the requirements for separation of powers, the judge concluded that the type of vaccine wasn't required by law in the state of New York.

COVID-19, also known as coronaviruses, is generally not covered under any of these sections. Respondents are not permitted to require any vaccination other than the ones specifically permitted by the legislature.

Neri also concluded that the mandate was arbitrarily and unconstitutional and capricious, citing evidence that was submitted.

The Mandate is called “Prevention of COVID-19 transmission by covered entities”. In typical Orwellian style, the Respondents admit that the COVID-19 shots of the past do not hinder transmission.

The court also pointed out the notion of “fully vaccinated” as determined by the health department appeared to be an absurdity, stating:

A term that is determined at the discretion of an individual, and is that is subject to change at any minute's notice, has all the characteristics of “absurdity” and has without any definition whatsoever.

The lawsuit was financed through Children's Health Defense, “on behalf of Medical Professionals for Informed Consent and several individual healthcare workers,” according to the statement. The Plaintiffs' attorney in chief, Sujata Gibson, celebrated the verdict, writing:

This is an enormous victory. This is a huge win for New York healthcare workers who have been stripped of their income for over a year. It's also a massive victory for New Yorkers everywhere, who face the risk of massive and dangerous healthcare worker shortages across New York State.

The New York state Health Department declared that it was in total disagreement with the decision of Neri, according to a statement that was released on Saturday. The department is looking into the options available, reports:

The obligation that healthcare workers get vaccinated against COVID-19 safeguards vulnerable New Yorkers as well as the individuals who take care of them. It is a vital instrument for public health.

It's not clear how this ruling will affect legal precedents, since it is unclear if the United States Supreme Court declined to stop New York's requirement for health professionals in December 2021 in an instance that pointed out the absence exclusion for religious reasons.

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