Two federal judges in New York ruled this Tuesday in two separate cases in favor and against public employees who refuse to be vaccinated, within the long battle that all anti-vaccines continue in the courts, opposed to the obligation to inoculate the remedy against covid-19.
On the one hand, a group of educators in the city faced a setback when a judge on the appeals circuit for the southern district in Manhathan refused to block the vaccination mandate for employees of the public education system, the largest in the country.
“The plaintiffs have not demonstrated that they have the right to this extraordinary remedy,” Judge Valerie Caproni said, according to channel 7 of the ABC network.
Already on October 5, another federal judge, of the Court of Appeals, had ruled against the ten plaintiff educators – one of whom had been denied the exemption for religious reasons – under the same argument, but the magistrates agreed hold a supplemental hearing.
As of that date, 99% of the directors and 95% of the full-time employees of the Department of Education had complied with the obligation to be vaccinated.
Judge Caproni also indicated that she did not find any animosity against religion in the words of Mayor Bill de Blasio when ordering vaccines for education personnel, as alleged by the plaintiffs, ABC also points out.
By contrast, Judge David Hurd ruled in favor of a group of 17 upstate health workers who object to being vaccinated on religious grounds and granted their claim by issuing an order preventing the state from forcing them to inoculate the vaccine.
Unlike other judges in similar cases, Hurd concluded that “the public interest lies in enforcing the guarantees enshrined in the Constitution and the federal laws against discrimination” and not in public health in general, “also highlights ABC.
Gov. Kathy Hochul issued the vaccines mandate on Sept. 27 for hospital and nursing home employees and then expanded it to include hospice centers and home attendants, among others.
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