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Rumor Mill News Reading Room, Current Archive

Federal Judge Blocks ‘Unconstitutional’ Covid-19 Vaccine Mandate for Medical Workers in State of New York

Posted By: SpaceCommando
Date: Tuesday, 12-Oct-2021 18:40:51
www.rumormill.news/184496

[Mark another one down in the "Win" column. Maybe not all federal judges have been bought off after all . . . SC]

By Kyle Becker - October 12, 2021

A federal judge has issued a preliminary injunction against the State of New York’s enforcement of a vaccine mandate that threatens the mass firings of thousands of health workers and public servants.

The court ruling was announced by the Thomas More Society, which is defending a group of 17 health care workers who object to New York State’s vaccine mandate on religious grounds. Judge David Hurd granted their request for an injunction, which stops the state from enforcing the policy, on equal protection and First Amendment grounds.

“Since its ratification in 1791, the First Amendment has protected religious practitioners from government action that ‘discriminates against some or all religious beliefs or regulates or prohibits conduct because it is undertaken for religious reasons,” the judge’s ruling states. “And since Congress amended the statute in 1972, Title VII of the Civil Rights Act of 1964 has explicitly required most employers to reasonably accommodate an employee’s religious beliefs absent evidence that doing so would pose an undue hardship.”

“Upon review, plaintiffs have established at this early stage of the litigation that they are likely to succeed on the merits of this constitutional claim,” the judge continued.

“There is no adequate explanation from defendants about why the ‘reasonable accommodation’ that must be extended to a medically exempt health care worker under 2.61 could not similarly be extended to a healthcare worker with a sincere religious objection,” Judge Hurd also wrote.

Christopher Ferrara of the Thomas More Society, which is representing the medical workers, hailed the judge’s decision . . .

[SNIP]

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AN EXPLANATION OF THE FACTIONS