Update: Federal Judges Say NYC Can Impose Vaccine Mandate on School Employees – Lawyers Representing Teachers to Petition US Supreme Court

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A federal appeals court judge Friday night temporarily blocked the vaccine mandate for New York City school employees.

A judge for the 2nd U.S. Circuit Court of Appeals on Friday evening granted a temporary injunction and referred the case to a three-judge panel for an “expedited review,” the Associated Press reported.

On Monday, the three-judge panel of the 2nd US Circuit Court of Appeals in Manhattan issued an order blocking the mandate ordered from the single appeals judge.

Lawyers representing teachers and other school employees said they will immediately petition the US Supreme Court to intervene.

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The lawyers argued de Blasio’s order will “leave teachers and paraprofessionals without the resources to pay rent, utilities, and other essentials. The harm is imminent.”

“Imminent and irreparable harm exists,” the lawyers wrote, according to CNBC.

CNBC reported:

The nation’s largest school district can immediately impose a vaccine mandate on its teachers and other workers, after all, a federal appeals panel decided Monday, leading lawyers for teachers to say they’ll ask the U.S. Supreme Court to intervene.

The three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan issued a brief order late in the day that lifted a block of the mandate that a single appeals judge had put in place on Friday.

After an adverse ruling from a Brooklyn judge, a group of teachers had brought the case to the appeals court, which assigned a three-judge panel to hear oral arguments Wednesday. But the appeals panel issued its order Monday after written arguments were submitted by both sides.

Attorney Mark Fonte, who brought the lawsuit on behalf of teachers and others, said in a statement that he and attorney Louis Gelormino were immediately petitioning the Supreme Court to intervene.

The FDA in late August granted a full approval to the Pfizer vaccine.

Within minutes of the FDA’s approval, New York City Mayor Bill de Blasio also announced that all of the city’s public school employees would be required to get the vaccine by September 27.

De Blasio shrugged off unions representing teachers warning of a teacher shortage if the vaccine mandate went into effect.

“We’ve been planning all along. We have a lot of substitutes ready,” de Blasio said according to AP.

Separately, the New York governor’s vaccine mandate for healthcare workers goes into effect at midnight tonight.

Newly sworn in Democrat New York Governor Kathy Hochul on Monday said she will deploy the National Guard to replace the unvaccinated healthcare workers in hospitals.

“I will be signing an executive order to give me the emergency powers necessary to address the shortages where they occur and that’s going to allow me to deploy the national guard who are medically trained…” Hochul said putting unvaccinated healthcare workers on notice.

And just like that, last year’s healthcare/educational heroes are today’s villains.

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