NY Court grants protection of strict scrutiny in COVID vaccine mandate case

johnwk

Gold Member
May 24, 2009
4,041
1,933
200
.
The protection of strict scrutiny is required to be applied by the court whenever a fundamental right is infringed upon by a government action. And, we now have another case where the court provides the protection of strict scrutiny in a COVID vaccine mandate case!

See Federal judge rules in favor of health care workers seeking religious exemption to vaccine mandate

10/13/21

“A federal judge in New York granted a preliminary injunction Tuesday in favor of 17 health care workers applying for religious exemptions to the state’s COVID-19 mandate.”

In the MEMORANDUM-DECISION and ORDER we find:

“Finally, plaintiffs have established at this early stage of the litigation that § 2.61 is likely to fail strict scrutiny. To satisfy strict scrutiny, defendants must show that the challenged law advances “interests of the highest order” and is “narrowly tailored” to achieve those interests. Fulton v. City of Phila., Pa., 141 S. Ct. 1868, 1881 (2021) (quoting City of Hialeah, 508 U.S. at 546). “Put another way, so long as the government can achieve its interests in a manner that does not burden religion, it must do so.” Id.”.

Now, all we have to do is get the Union lawyers representing NYC teachers, to get strict scrutiny protection for NYC teachers, who are having their liberty, medical privacy and autonomy infringed upon by the COVID vaccine mandate.

See: Rivers v. Katz (67 N.Y.2d 485) 1986, a New York State Court of Appeals decision, to establish a fundamental right is being infringed upon by the NYC vaccine mandate. In the case the Court stated:

” In Storar, we recognized that a patient’s right to determine the course of his medical treatment was paramount to what might otherwise be the doctor’s obligation to provide medical care, and that the right of a competent adult to refuse medical treatment must be honored, even though the recommended treatment may be beneficial or even necessary to preserve the patient’s life. This fundamental common-law right is coextensive with the patient’s liberty interest protected by the due process clause of our State Constitution.

In our system of a free government, where notions of individual autonomy and free choice are cherished, it is the individual who must have the final say in respect to decisions regarding his medical treatment in order to insure that the greatest possible protection is accorded his autonomy and freedom from unwanted interference with the furtherance of his own… ”.


JWK

The Democrat Party Leadership, once an advocate for hard working American citizens and their families, is now their worst nightmare.
 
.
The protection of strict scrutiny is required to be applied by the court whenever a fundamental right is infringed upon by a government action. And, we now have another case where the court provides the protection of strict scrutiny in a COVID vaccine mandate case!

See Federal judge rules in favor of health care workers seeking religious exemption to vaccine mandate

10/13/21

“A federal judge in New York granted a preliminary injunction Tuesday in favor of 17 health care workers applying for religious exemptions to the state’s COVID-19 mandate.”

In the MEMORANDUM-DECISION and ORDER we find:

“Finally, plaintiffs have established at this early stage of the litigation that § 2.61 is likely to fail strict scrutiny. To satisfy strict scrutiny, defendants must show that the challenged law advances “interests of the highest order” and is “narrowly tailored” to achieve those interests. Fulton v. City of Phila., Pa., 141 S. Ct. 1868, 1881 (2021) (quoting City of Hialeah, 508 U.S. at 546). “Put another way, so long as the government can achieve its interests in a manner that does not burden religion, it must do so.” Id.”.

Now, all we have to do is get the Union lawyers representing NYC teachers, to get strict scrutiny protection for NYC teachers, who are having their liberty, medical privacy and autonomy infringed upon by the COVID vaccine mandate.

See: Rivers v. Katz (67 N.Y.2d 485) 1986, a New York State Court of Appeals decision, to establish a fundamental right is being infringed upon by the NYC vaccine mandate. In the case the Court stated:

” In Storar, we recognized that a patient’s right to determine the course of his medical treatment was paramount to what might otherwise be the doctor’s obligation to provide medical care, and that the right of a competent adult to refuse medical treatment must be honored, even though the recommended treatment may be beneficial or even necessary to preserve the patient’s life. This fundamental common-law right is coextensive with the patient’s liberty interest protected by the due process clause of our State Constitution.

In our system of a free government, where notions of individual autonomy and free choice are cherished, it is the individual who must have the final say in respect to decisions regarding his medical treatment in order to insure that the greatest possible protection is accorded his autonomy and freedom from unwanted interference with the furtherance of his own… ”.


JWK

The Democrat Party Leadership, once an advocate for hard working American citizens and their families, is now their worst nightmare.

It hasn't been the "Democrat Party" in a long while which is why I always refer to them with a lower case "d"
 
It hasn't been the "Democrat Party" in a long while which is why I always refer to them with a lower case "d"
I can't disagree with that! Good point!

JWK

The Democrat Party Leadership has been angry, stupid and obnoxious ever since the Republican Party Leadership freed democrat owned slaves and put the KKK out of business. ___ Author unknown
 
.
The protection of strict scrutiny is required to be applied by the court whenever a fundamental right is infringed upon by a government action. And, we now have another case where the court provides the protection of strict scrutiny in a COVID vaccine mandate case!

See Federal judge rules in favor of health care workers seeking religious exemption to vaccine mandate

10/13/21

“A federal judge in New York granted a preliminary injunction Tuesday in favor of 17 health care workers applying for religious exemptions to the state’s COVID-19 mandate.”

In the MEMORANDUM-DECISION and ORDER we find:

“Finally, plaintiffs have established at this early stage of the litigation that § 2.61 is likely to fail strict scrutiny. To satisfy strict scrutiny, defendants must show that the challenged law advances “interests of the highest order” and is “narrowly tailored” to achieve those interests. Fulton v. City of Phila., Pa., 141 S. Ct. 1868, 1881 (2021) (quoting City of Hialeah, 508 U.S. at 546). “Put another way, so long as the government can achieve its interests in a manner that does not burden religion, it must do so.” Id.”.

Now, all we have to do is get the Union lawyers representing NYC teachers, to get strict scrutiny protection for NYC teachers, who are having their liberty, medical privacy and autonomy infringed upon by the COVID vaccine mandate.

See: Rivers v. Katz (67 N.Y.2d 485) 1986, a New York State Court of Appeals decision, to establish a fundamental right is being infringed upon by the NYC vaccine mandate. In the case the Court stated:

” In Storar, we recognized that a patient’s right to determine the course of his medical treatment was paramount to what might otherwise be the doctor’s obligation to provide medical care, and that the right of a competent adult to refuse medical treatment must be honored, even though the recommended treatment may be beneficial or even necessary to preserve the patient’s life. This fundamental common-law right is coextensive with the patient’s liberty interest protected by the due process clause of our State Constitution.

In our system of a free government, where notions of individual autonomy and free choice are cherished, it is the individual who must have the final say in respect to decisions regarding his medical treatment in order to insure that the greatest possible protection is accorded his autonomy and freedom from unwanted interference with the furtherance of his own… ”.


JWK

The Democrat Party Leadership, once an advocate for hard working American citizens and their families, is now their worst nightmare.
Win.

I see no way that any of this vaccine mandate shit survives judicial review.

Rather, what these assholes have done is opened the door to shoot down any such mandate for school children now and in the future.

Overplay your hand and get its slapped.
 
Win.

I see no way that any of this vaccine mandate shit survives judicial review.

Rather, what these assholes have done is opened the door to shoot down any such mandate for school children now and in the future.

Overplay your hand and get its slapped.

Unlike the lawyers who represented the healthcare workers and got a win, I still think the Union Lawyers who represented NYC teachers and lost, are either incompetent or sold out NYC teachers by not seeking the protection of strict scrutiny, considering the fact the NYC vaccine mandate infringes upon the teachers' liberty, medical privacy and autonomy, and is therefore "presumptively unconstitutional" which triggers the protection of strict scrutiny. The Union Lawyers may very well be in bed with the State's COVID vaccine jabbers.

JWK

The Democrat Party Leadership, once an advocate for hard working American citizens and their families, is now their worst nightmare.
 

Forum List

Back
Top