My firm has brought We The Patriots USA, Inc. and three New York nurses to their last stop before the U.S. Supreme Court in challenging New York’s COVID-19 vaccination mandate for healthcare workers. Tonight, we filed a motion for an injunction pending appeal in the United States Court of Appeals for the Second Circuit.
Our brief speaks for itself in terms delivering quotable lines, and it is below. For now, here’s one of my favorite ones from my own work:
§ 2.61 does not even abide in the same universe as narrow tailoring does. The Appellees willingly provide accommodations to healthcare workers claiming medical exemptions, but mandate the termination of healthcare workers claiming religious exemptions and then bar them from working in healthcare until they bow to the COVID-19 vaccination mandate. Even assuming arguendo that the Appellees could constitutionally impose stricter requirements on healthcare workers who receive religious exemptions, the Appellees had many ways to limit their risk to public health. The Appellees could have required all exempt healthcare workers to work only with low-risk populations in the healthcare system. It could have required them to submit to regular COVID-19 testing, masking, and other restrictions.
They chose to do none of these things and completely ignored the fact that healthcare workers such as the Appellants delivered quality and safe healthcare throughout the COVID-19 pandemic without being vaccinated. Last year, the Appellees categorically lauded the Appellants as heroes. This year, they are trying to fire them with no consideration of how they can accommodate them.
In other words, my clients aren’t being the unreasonable ones here. The state of New York is.