U.S. Supreme Court Agrees to Hear Challenge Against New York’s Vaccine Mandate

OPINION:  This article contains commentary which may reflect the author’s opinion

New York City’s oppressive COVID-19 vaccine mandate may be coming to an end soon because the U.S. Supreme Court has agreed to hear a challenge to its Constitutional power.

“Workers in New York City who perform in-person work or interact with the public in the course of business must show proof that they have received a COVID-19 vaccine. Businesses may not allow any unvaccinated workers to work at their workplace,” reads the current vaccine mandate for NYC.

The order was updated to change, effective March 7, 2022,  reflecting that New York City will lift the Key to NYC mandate requiring that anyone age 5 and older show proof of vaccination to enter indoor dining, fitness, entertainment and certain meeting spaces. Mayor Eric Adams’s announcement, issued February 27, 2022, is welcome news to the operators of many hospitality venues that have been hindered by the ever-changing requirements imposed last year by then-Mayor Bill de Blasio.

According to a statement from Adam’s office:

“Although the Key to NYC requirements have changed throughout the pandemic, since August 17, 2021, no “covered entity” has been allowed to permit a patron, full- or part-time employee, intern, volunteer or contractor to enter its premises without showing proof of COVID-19 vaccination.  Entities covered by the mandate include Indoor Food Services, Indoor Gyms and Fitness Settings, and Indoor Entertainment and Recreational Settings.

Any entity that is determined to have violated the Key to NYC mandate is subject to a fine of not less than $1,000 for a first offense, $2,000 for a second event within 12 months and $5,000 for each subsequent offense within 12 months. Each instance that a covered entity fails to check an individual’s vaccination status is considered a separate violation of the order.

Private Sector Order – Will NOT Be Lifted March 7

As explained here, on December 13, 2021, the city issued a broader Executive Order covering most of the city’s private businesses. That order, which still remains in effect and will not be rescinded on March 7, 2022, requires every non-government entity that employs more than one worker in the city or maintains a workplace in the city to ensure that all of its “workers” provide proof that they are vaccinated against COVID-19 before entering the workplace.

This order defines “worker” as an individual who works in person in the city, including full- or part-time staff members, employers, employees, interns, volunteers or contractors of a covered entity. The order also covers self-employed individuals or sole practitioners who work at a public workplace or interact with other workers or the public in the course of their business. ”

Now the oppressive mandate will be heard at SCOTUS:

“The U.S. Supreme Court has agreed to hear a case about vaccine requirements in New York City that was once denied by liberal US Supreme Court Justice Sonia Sotomayor. This could lead to a huge ruling about how much power state and local governments have,” Jim Hoft reported for The Gateway Pundit, citing a Conservative Brief report, and adding:

“Last month, Sotomayor denied a request by New York City police detective Anthony Marciano to overturn the city’s unconstitutional mandate that all municipal workers get the Covid-19 jab.
Sotomayor denied Officer Anthony Marciano’s emergency request without comment, and she did not ask the city to file a brief in response.

Marciano resubmitted the same petition to Supreme Court Justice Clarence Thomas.”

“I reapplied to Justice Thomas, who is a strict Constitutionalist,” attorney Patricia Finn of the group Make Americans Free Again, said in an interview. “I believed his previous opinions were in line with what I was arguing.”

Earlier in the month, the Supreme Court’s press office confirmed that Det. Anthony Marciano’s petition to the SCOTUS – to review the legality of New York City’s mandatory vaccination policy- was accepted and will be deliberated at a conference on Oct. 7, according to Politico.

The outlet reported:

News that Marciano got the high court’s ear came as Adams announced an end to the vaccine mandate for private-sector employees and students participating in after-school activities Tuesday. He did not, however, budge on the requirement for city workers.

Finn said the Supreme Court’s decision could grant the injunction or even decide the case on the merits.

“It is a legal question, and facts are not in dispute,” she said in an interview. “I think the court has been waiting for a case like mine. I think they are waiting for somebody to approach the issue in a very clean and straightforward way.”

A spontaneous ruling would be rare, however, and most applications for an injunction are denied.
The case, Finn said, is simple: State and federal laws prohibit vaccine mandates without the recipient’s informed consent. And because Marciano did not give his consent, the suit alleges, his due process rights are being violated.

Teamsters are not happy:

Greg Floyd, head of Teamsters Local 237, said that he will wait to see if City Hall heeds the requests of labor leaders to apply the same standards to the public sector as the mayor is applying to private businesses.

“The first thing we are going to do is ask to have the same policy for our members who were dismissed, and we’ll take it from there,” said Floyd. “And if not, we’re going to consider legal action.”

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