First, a federal court restored New York healthcare workers’ right to a religious exemption from vaccine mandates, a right Gov. Kathy Hochul tried to eliminate with a recent change in regulations. And now, a second restraining order from a State Supreme Court Judge halting Mayor Bill de Blasio’s directive that all New York City teachers get a Covid shot or get fired.
This is not the final outcome of either trial, but if a judge issues a restraining order it is a strong indicator that the judge believes there is a serious problem that needs to be addressed. This never would have happened if Cuomo was still in the Governor’s mansion. The judges would have been made “offers they couldn’t refuse” and that would have been it. Hochul and de Blasio’s dictatorial approach to Covid seems to be falling apart.
District Council 37, the largest New York City union, posted the following statement below on twitter: https://twitter.com/DistCouncil37/status/1437915092297949184
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The New York Supreme Court has issued a temporary restraining order in our case challenging the Mayor’s vaccine mandate for Department of Education employees.
Statement from our Executive Director below.
“We just learned the Supreme Court has issued a temporary restraining order effectively pausing the Mayor’s mandate that department of education employees get the first dose of the Covid-19 vaccine by September 27. This decision follows a similar decision regarding State healthcare workers made earlier today.”
“While we do believe our members should get the vaccine, we do not believe it should be a condition of employment. Clearly, the courts agree, the fight is not over but we are energized by this decision and ready to keep going on behalf of our members.”
Federal Court grants temporary stay on denying NY healthcare workers religious exemptions
9/14/21, A federal court judge in the Northern District of New York issued a temporary restraining order today covering all healthcare workers in the state subject to the unconstitutional and unlawful denial of the right to a religious exemption from a Covid shot order issued on August 27 by Governor Kathy Hochul. Healthcare workers in the case are represented by the Thomas More Society, a Roman Catholic civil rights organization. The state must respond by September 22.
Judge David Hurd ruled that: “The vaccine mandate is suspended in operation to the extent that the DOH is barred from enforcing any requirement that employers deny religious exemptions from COVID-19 vaccination or that they revoke any exemptions employers already granted before the vaccine mandate issued; and the DOH is barred from interfering in any way with the granting of religious exemptions from COVID-19 vaccination going forward, or with the operation of exemptions already granted; the DOH is barred from taking any action, disciplinary or otherwise, against the licensure, certification, residency, admitting privileges or other professional status or qualification of any of the plaintiffs on account of their seeking or having obtained a religious exemption from mandatory COVID-19 vaccination.”
The “Mandatory COVID-19 Vaccination Policy” applies to healthcare workers in all “hospitals, nursing homes, diagnostic and treatment centers, adult care facilities, certified home health agencies, hospices, long-term home health care programs, AIDS home care programs, licensed home care service agencies and limited licensed home care service agencies.”
The regulation requires that all employees get the shot by Monday, September 27, 2021 for hospital workers and October 7, 2021 for other facilities. Employees who do not comply will be fired. Initially Governor Hochul said there would be limited availability of the religious exemption, but she reneged on that statement when the regulation was issued by the Department of Health.
Lawyers argued that the State cannot disregard rights guaranteed by the US Constitution and Title VII of the Civil Rights Act of 1964. Several other cases challenging Hochul’s order are pending in other state and federal courts in New York.
US Take Action: 22 Govs. will sue to stop Biden’s Covid mandate. Where are your elected officials?
Governors and attorneys general for 22 states so far have announced they will launch lawsuits to block President Joe Biden’s unprecedented plan to force private sector businesses with more that 100 employers to fire any employees who do not submit to the Covid shot (and Biden’s will.) Their names and statements they have made on Biden’s plan are below.
After repeated statements by Biden, Speaker Nancy Pelosi, Vice President Kamala Harris, and others that the President did not have the authority to impose a mandate, the President acknowledged as much when he described his new scheme, which will be enforced as a regulation by the Occupational Safety and Health Administration (OSHA), as a “work around.” Work around” what? The Constitution? The Bill of Rights? Federal Law? All the above?
Yet a poll released Monday showed a large majority of Americans oppose the President’s plan, the Trafalgar Group, who had the most accurate polls in the 2016 and 2020 elections, found 56.1% of likely voters oppose the plan compared to 40.1% who support it.
Many elected officials are remaining silent on the issue. Let’s flush them out.
Please call your elected officials and ask them if they support Biden’s plan to force employers with more than 100 workers to fire their unvaccinated employees. Their names and numbers are below. Please check the list below to see if your Governor is opposing the President’s plan. Thank your Governor if they are.
Please click Take Action to send messages to your Governor, your two US Senators, and your member of the House of Representatives asking them if they support the President’s scheme.
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Gov. Kathy Hochul (D), (518) 474-8390,
Sen. Charles Schumer (D), (202) 224-6542, (212) 486-4430
Sen. Kirsten Gillibrand (D), (202) 224-4451, (212) 688-6262
Rep. Claudia Tenney (R), (202) 225-3665, (607) 242-0200
Alabama Governor Kay Ivey:
“Once again, President Biden has missed the mark. His outrageous, overreaching mandates will no doubt be challenged in the courts. Placing more burdens on both employers and employees during a pandemic with the rising inflation rates and lingering labor shortages is totally unacceptable,” the governor said in a statement.
Alaska Governor Mike Dunleavey:
“This is ridiculous and unenforceable. If there was ever a case for the 25 Amendment…”
Arkansas Governor Asa Hutchinson:
“I fully support continued efforts to increase vaccination rates across our nation, but the federal government mandates on private businesses are not the right answer.”
Arizona Doug Ducey:
“This is exactly the kind of big government overreach we have tried so hard to prevent in Arizona – now the Biden-Harris administration is hammering down on private businesses and individual freedoms in an unprecedented and dangerous way. This will never stand up in court.”
Florida Governor Ron De Santis:
“Generally, when you’re taking action that’s unconstitutional, that threatens the jobs of the people in my state, many, many thousands of jobs, I’m standing for them,” the governor said. “We’re going to protect their jobs and against federal overreach. And this is a guy who criticizes the state of Florida for protecting parents’ rights and he says ‘School boards should be able to eliminate parents’ rights and force five-year-old kids to wear masks all day.
Yet here he comes from Washington, D.C., instituting an unprecedented mandate which even his own people acknowledge in the past is not constitutional, that’s not leadership and I think the problem I have with Joe Biden more than anything, this guy doesn’t take responsibility for anything. He’s always trying to blame other people, blame other state.”
Georgia Governor Brian Kemp:
“I will pursue every legal option available to the state of Georgia to stop this blatantly unlawful overreach by the Biden administration.”
Indiana Governor Eric Holcomb:
“I believe the vaccine is the number one tool that will protect us and our loved ones against COVID-19. It is the tool that will end the pandemic. However, I strongly believe it’s not the state or federal government’s role to issue a vaccine mandate upon citizens and private businesses. This is the approach our administration has taken all along. The announcement from President Biden is a bridge too far. Private businesses should be able to look at their own mission, their staff and their goals and make the decision best for them that will keep their doors open.”
Indiana: Attorney General Todd Rokita:
“Biden’s decision to demand American workers get vaccinated or risk losing their jobs is what one would expect of dictators in a banana republic. In IN we do not rule by fiat, and I will not allow the president to destroy our guaranteed freedoms and our economy at the same time.”
Iowa: Governor Kim Reynolds:
“Biden’s plan will only worsen our workforce shortage and further limit our economic recovery. As I’ve said all along, I believe and trust in Iowans to make the best health decisions for themselves and their families. It’s time for President Biden to do the same. Enough.”
Mississippi: Governor Tate Reeves:
Biden’s unconstitutional order is part of a war on working-class Americans, threatening their wallet if they do not comply. It is the worst possible way to grow confidence in the vaccine, and beyond that it is wrong. We will use every tool to stop it.
Montana: Governor Gianforte:
President Biden’s vaccination mandate is unlawful and un-American. We are committed to protecting Montanans’ freedoms and liberties against this gross federal overreach.
Nebraska Governor Pete Ricketts:
“President Biden’s announcement is a stunning violation of personal freedom and abuse of the federal government’s power,” said Governor Ricketts. “This plan isn’t about public health – this is about government control and taking away personal liberties.”
“Americans, not the federal government, are responsible for taking charge of their personal health. It is not the role of the federal government to mandate their choices. Nebraska will stand up to President Biden’s overreach, and we will be working with the Attorney General to explore all our options.”
Ohio Governor Mike DeWine
I think the President made a mistake by announcing federal vaccine mandates. We should be focused on the science of preventing virus spread – the vaccine is our best tool to stop COVID – but people and business owners should make their own decisions about vaccination.
Oklahoma Governor Kevin Stitt:
“It is not the government’s role to dictate to private businesses what to do. Once again President Biden is demonstrating his complete disregard for individual freedoms and states’ rights. As long as I am governor, there will be no government vaccine mandates in Oklahoma.”
New Hampshire, Governor Chris Sununu
“Instead of working collaboratively with Governors across America to increase the vaccination rate, President Biden skips our weekly calls and issues overreaching mandates from Washington,” said Governor Chris Sununu. “I am working directly with my fellow Governors to see how best we can push back against this federal overreach. I am as pro-vaccine as it gets, but I do not support this mandate from Washington as it is not the answer.”
North Dakota Governor Doug Burgum
“President Biden’s misguided plan steers our country down a dangerous path away from states’ rights and the freedom of private businesses to make their own decisions on vaccinations. We stand opposed to this blatant federal overreach.”
South Carolina: Governor Henry McMaster
“The American Dream has turned into a nightmare under President Biden and the radical Democrats. They have declared war against capitalism, thumbed their noses at the Constitution, and empowered our enemies abroad.”
“Rest assured, we will fight them to the gates of hell to protect the liberty and livelihood of every South Carolinian.”
South Dakota: Governor Kristi Noem
“My legal team is standing by ready to file our lawsuit the @joebiden files his unconstitutional rule. This gross example of federal intrusion will not stand.”
Tennessee Governor Bill Lee
“This is not about freedom” is a phrase that should never come out of a U.S. President’s mouth. For a fight that requires working together, a lot of cynical & divisive edicts came out of the White House today pitting the vaccinated against the unvaccinated, businesses against employees, and the federal government against states.
The Constitution won’t allow this power grab, and in the meantime, I will stand up for all Tennesseans.
To be clear: the vaccine is the best tool we have to combat the pandemic but heavy-handed mandates are the wrong approach.”
Texas Attorney General Ken Paxton
“Biden’s new nat’l vaxx mandate on private biz may be the most unconstitutional, illegal thing I’ve ever seen out of any Admin in modern American history. This is an egregious, tyrannical power grab that stands no chance in court. I’ll be suing this disastrous Admin very soon.”
Texas Governor Greg Abbott
“Biden’s vaccine mandate is an assault on private businesses. I issued an Executive Order protecting Texans’ right to choose whether they get the COVID vaccine & added it to the special session agenda. Texas is already working to halt this power grab.”
West Virginia Governor Patrick Morrisey
“Biden’s historic and unprecedented overreach seeking imposition of a new vaccine mandate must be stopped. I will be in litigation against the Biden Administration again very soon so I can protect West Virginians and all Americans from this President’s unlawful policy.”
Utah Governor Spencer Cox”
“While we support efforts that encourage vaccinations, we have serious concerns about the legality of the order.”
Utah Attorney General Sean Reyes:
Regardless of where you stand on vaccinations overall, the federal government should not be able to mandate such a personal medical decision to employers & individuals.
Wyoming Governor Mark Gordon:
“The Biden Administration’s announcement to mandate COVID-19 vaccinations or weekly testing for private businesses is an egregious example of big government overreach.
Our Constitution was written and fought for to protect our liberties as American citizens. This administration’s latest pronouncement demonstrates its complete disregard for the rule of law and the freedoms individuals and private companies enjoy under our Constitution. In Wyoming, we believe that government must be held in check.
I have asked the Attorney General to stand prepared to take all actions to oppose this administration’s unconstitutional overreach of executive power. It has no place in America. Not now, and not ever.”
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