In what is a huge move for a liberal state like New York, the New York State Supreme Court issued a ruling on Monday overturning some of the Covid vaccine related orders made by New York City.
The biggest outcome of the ruling reinstates all employees who were terminated because they refused to get the COVID vaccine, with backpay.
The vaccine mandate had been adopted for all New York City employees under an executive order of former mayor Bill DeBlasio, which resulted in roughly 1,400 city employees getting their walking papers.
But the specifics of the ruling will be music to the ears of those who have opposed such mandates and rules all along.
NY State Supreme Court reinstates all fired unvaccinated employees, orders backpay, says the state violated rights, acted arbitrary & capricious, notes:“Being vaccinated does not prevent an individual from contracting or transmitting Covid-19.”https://t.co/nvOsWfa56S pic.twitter.com/WhH4wje2bQ
— Marina Medvin 🇺🇸 (@MarinaMedvin) October 25, 2022
NY Supreme Court’s Greatest Hits
As the Court notes, the suit was brought by individuals who had all shown documentation that they had natural immunity from having already been infected with Covid.
In the 13-page ruling, the court concluded in part that, “The Health Commissioner cannot create a new condition of employment for City employees. The Health Commissioner cannot prohibit an employee from reporting to work. The Health Commissioner cannot terminate employees. The Mayor cannot exempt certain employees from these orders.”
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If that sounds familiar to you, it’s because that was the argument made by many all along, when various executive branches attempted to create new laws out of whole cloth without legislative bodies.
The ruling got better. It continued in part saying, “The vaccination mandate for city employees was not just about safety and public health; it was about compliance. If it was about safety and public health, no one would be exempt.”
To that point, NYC famously gave an exemption to some, like artists and athletes. Regular folks? No such luck.
But the line that is getting the most attention is this:
“Being vaccinated does not prevent an individual from contracting or transmitting Covid-19.”
Has anyone warned the New York Supreme Court that they’re going to be banned on social media?
Ultimately, terminated employees are “reinstated to their full employment effective October 25, 2022 at 6:00 A.M.”
Gonna be super weird to see the NY Supreme Court censored and called conspiracy theorists for saying the vaccine doesn't prevent transmission.
Which everybody with a functioning brain has known since day 1. https://t.co/zqB2lUk7pq
— Rusty 🎙️ (@rustyweiss74) October 25, 2022
GOP Gaining Ground In New York
A court ruling knocking down vaccine mandates two weeks before the midterm election could be bad news for Democrats, especially in New York. The race for governor between incumbent Kathy Hochul and current Rep. Lee Zeldin is beginning to tighten.
Real Clear Politics polls have Hochul up as much as 11 points, and as close as two points, with an average of six.
Elsewhere around the Empire State, Republicans are making things interesting. Republicans are eyeing several New York House races, including the 19th Congressional District currently held by Democrat Pat Ryan, who was recently elected in a special election.
In addition to Ryan’s seat, there are four other congressional districts that Real Clear Politics has listed as toss-ups, except for one where it is believed Republicans have the edge. Even Democratic Congressional Campaign Committee Chairman Sean Patrick Maloney is in a heated race with New York Assemblyman Michael Lawler.
The final order in today’s ruling states that, “Petitioners are directed to submit a proposed judgment regarding back pay consistent with this decision on or before November 10, 2022.”
The NY Supreme Court's order to reinstate (with backpay) staff who got fired for refusing the jab is proof that if enough people say no to tyranny, refuse to comply, and don't crack under pressure, eventually they win.
— Damani Felder (@TheDamaniFelder) October 25, 2022
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