Here is what is happening nationwide: COVID-19 State Action Center
We are excited to hear that thanks to Supreme Court Justice Clarence Thomas, the case of terminated NYPD Officer Anthony Marciano will be discussed in conference at the Court:
“A challenge to New York City’s COVID-19 vaccine mandate for its municipal workforce is getting new life in the Supreme Court under Justice Clarence Thomas.
The case, brought on behalf of NYPD detective Anthony Marciano, is set to be reviewed by justices in an Oct. 7 conference. The decision comes about three weeks after Justice Sonia Sotomayor, a Bronx native, rejected an emergency request for an injunction over the same case.” Gothamist.com (see below)
Nearly 50 Republican lawmakers, led by Rep. Mike Johnson (R-La.), have called on the Department of Defense (DOD) to withdraw its COVID-19 vaccine mandate for military members, citing concerns over the mandate’s impact on the readiness of the U.S. armed forces.
In a letter to Secretary of Defense Lloyd Austin dated Sept. 15 (pdf), the lawmakers, including Reps. Chip Roy (R-Texas) and Thomas Massie (R-Ky.), expressed their “grave concerns” over the impact of the mandate, particularly with regard to the U.S. Army.
“As a result of your mandate, eight percent of the Army’s approximately 1 million soldiers face expulsion, Army recruiters cannot meet their FY22 target, and the Army has cut its projected FY23 end strength by 12,000 soldiers,” they wrote. See more
In Georgia v Biden (No. 1:21-CV-163, 2021 WL 5779939 (S.D. Ga. Dec. 7, 2021)), the Court paused vaccine mandates nationwide. The government appealed the Georgia v Biden decision, but the Eleventh Circuit denied the government’s motion to stay the preliminary injunction Georgia v. Biden, No. 21-14269 (11th Cir. Dec. 17, 2021), keeping the mandates on pause.
SNL Workforce Freedom All. v. Nat’l Tech. & Eng’g Sols. of Sandia, LLC, 1:22-cv-00001-KWR-SCY (D.N.M. June 8, 2022):
On December 7, 2021, a federal district court in Georgia entered a nationwide injunction temporarily suspending the Executive Order and Defendant NTESS, in turn, announced that it has paused its vaccine requirement on January 5, 2022. Georgia v. Biden, No. 1:21-CV-163, 2021 WL 5779939 (S.D. Ga. Dec. 7, 2021) (order granting motion for preliminary injunction); Doc. 24-1 at ¶ 19 (noting that Defendants had paused vaccine mandate as a result of nationwide injunction). Although the government appealed the Georgia v. Biden decision, the Eleventh Circuit denied the government’s motion to stay the preliminary injunction. Georgia v. Biden, No. 21-14269 (11th Cir. Dec. 17, 2021).
My previous post:
Louisiana Federal Court Judge Rules Against Vaccine/Mask Mandates For Head Start
New York City Mayor is currently out of touch with the State and nation on this issue. Municipal works still must be vaxxed or they are terminated. And New York has no recall buttons to push. This needs to change. New York City made a mistake electing Eric Adams as Mayor, in my opinion as a parent and teacher advocate.
A challenge to New York City’s COVID-19 vaccine mandate for its municipal workforce is getting new life in the Supreme Court under Justice Clarence Thomas.
The case, brought on behalf of NYPD detective Anthony Marciano, is set to be reviewed by justices in an Oct. 7 conference. The decision comes about three weeks after Justice Sonia Sotomayor, a Bronx native, rejected an emergency request for an injunction over the same case.
Though a conference does not necessarily guarantee a decision on the merits of the case, it could. The private convening also represents movement in litigation on the city’s vaccination requirements — which have been vigorously contested with little success to date.
“After Justice Sotomayor declined it, I had an option to go to another justice,” said attorney Patricia Finn, who is representing Marciano in the case. “I think the whole bench is remarkable, but [Justice Thomas] had rendered opinions previously that were consistent with the relief that I’m looking for.”
Lawyers for Marciano resubmitted their request to Thomas on Sept. 1. News of his decision to accept the application, which was first reported by POLITICO, comes the same week that the Adams administration announced it would be ending its vaccination mandate for private sector employees. This requirement is scheduled to be lifted Nov. 1 — but a similar one for NYPD officers and other municipal employees is remaining in place.
The new decision by the city was met with harsh criticism from several unions representing city workers, but on Wednesday, the mayor’s office stood by its vaccine mandate for municipal workers.
“The Supreme Court has rejected numerous attempts to have it take up lawsuits on the vaccine mandate, and a number of other courts have upheld the mandate, recognizing that it saves lives and is a condition of employment,” said mayoral spokesperson Fabien Levy.
The NYPD declined to comment on pending litigation.
Marciano, who did not qualify for a medical or religious exemption after the mandate took effect last year, first sued in state court in December, while Bill de Blasio was mayor. That lawsuit transitioned to federal court in Manhattan, where a judge dismissed it in March. It has been making its way through the courts on appeal since.
The Supreme Court has delivered a spate of decisions in recent months beyond vaccine mandates that have outraged some New Yorkers.
In June, the court majority struck down the state’s concealed carry law. A day later, the Supreme Court scuppered federal protections for abortion, prompting a flurry of actions to protect access in some cities and states, while others issued bans.
Finn rejected criticism that movement in Marciano’s case could be interpreted as political.
“All I’m looking for is a judgment on the law. Political? I suppose, but as an attorney, I have to believe that the court is free from bias and prejudice and political leanings,” Finn said. “They have to be. Or if they’re not, we’re doomed as a country.”