UPDATE: SATURDAY AM Supreme Court Justice Sonia Sotomayor has rejected a request to block New York City’s vaccination mandate for all Department of Education employees.
Four teachers in the city asked Sotomayor to step in on Thursday. On Friday, she rejected their request, clearing the way for city enforcement to begin Monday.
UPDATE A group of New York City public school teachers has petitioned the US Supreme Court to block the city’s vaccine mandate, which kicks in this week.
A 12-page document Petition to Justice Sonia Sotomayor, who is the circuit justice for the 2nd Circuit, lawyers argued that the teachers’ rights to due process and equal protection were violated by the mandate.
“In attempting to combat the COVID-19 virus, the City of New York, the Department of Education, and the Department of Health and Mental Hygiene created an Executive Order that places an unconstitutional burden on public-school teachers,”Read the petition.
This petition was filed in response to a federal appeals court decision to dismantle a temporary injunction against vaccine mandate. New York City public school employees now have until 5 p.m. on Friday to comply with the city’s mandate unless the Supreme Court steps in.
EARLIER A federal appeals court temporarily blocked the implementation of a vaccine mandate in New York City schools that was due to take effect Monday.
More than 150,00 people would be affected by the mandate, 90% of which are already vaccinated. The mandate was to take effect Monday night at midnight. Administration was anticipating severe staff shortages, disruption in schools and anti-vaxx sentiment.
The injunction was granted temporarily by a judge of the US Court of Appeals, Second Circuit. A mandate will now be reviewed by a panel of three judges. Their ruling may be issued before the Monday deadline.
Last week, a judge of the New York State Supreme Court ruled that the mandate could be carried out. Teachers requested an injunction, but a Brooklyn federal judge declined to grant it.