Thread: Latest news on NYC’s vaccine mandate

December 8, 2021

Judge to review New York City vaccine mandate for public sector

"NEW YORK (Reuters) - A New York judge has scheduled a hearing for next Tuesday to consider whether to block New York City from enforcing its COVID-19 vaccine mandate for public-sector workers."

So, I guess we will find out tomorrow if NYC's vaccine mandate will recognize the fundamental rights of its residents and apply the protections of "strict scrutiny", which in this case would require accommodations for those having "natural immunity", e.g., Anthony Marciano, a police detective on the NYC's police force for 10 years who has natural immunity, and whose fundamental right to make his own medical decisions and choices would be needlessly and arbitrarily infringed upon by the NYC sweeping vaccine mandate.

Keep in mind, our judicial system has repeatedly confirmed whenever a government action impinges upon a fundamental right, it is presumptively unconstitutional. In Shapiro v. Thompson, 394 U.S. 618 the Court noted that the mere chilling of a Constitutional right by a penalty on its exercise is patently unconstitutional.

The bottom line is, under our constitutional system, which is designed to protect individual rights, government objectives and actions cannot be pursued by means that needlessly chill the exercise of basic constitutional rights, and the protection of "strict scrutiny" is there to ensure that such actions and objectives


(A) be narrowly tailored to achieve the government’s purpose,


(B) the purpose must be clearly defined and be based upon scientific and logical reasoning,


(C) and, it must use the least restrictive means to achieve the government’s stated purpose.


JWK

"If the Constitution was ratified under the belief, sedulously propagated on all sides that such protection was afforded, would it not now be a fraud upon the whole people to give a different construction to its powers?"___ Justice Story