NY Court applies protection of strict scrutiny in COVID vaccine mandate case

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The protection of strict scrutiny is required to be applied by the court whenever a fundamental right is infringed upon by a government action. And, we now have another case where the court provides the protection of strict scrutiny in a COVID vaccine mandate case!

See Federal judge rules in favor of health care workers seeking religious exemption to vaccine mandate

10/13/21

“A federal judge in New York granted a preliminary injunction Tuesday in favor of 17 health care workers applying for religious exemptions to the state’s COVID-19 mandate.”

In the MEMORANDUM-DECISION and ORDER we find:

“Finally, plaintiffs have established at this early stage of the litigation that § 2.61 is likely to fail strict scrutiny. To satisfy strict scrutiny, defendants must show that the challenged law advances “interests of the highest order” and is “narrowly tailored” to achieve those interests. Fulton v. City of Phila., Pa., 141 S. Ct. 1868, 1881 (2021) (quoting City of Hialeah, 508 U.S. at 546). “Put another way, so long as the government can achieve its interests in a manner that does not burden religion, it must do so.” Id.”.

Now, all we have to do is get the Union lawyers representing NYC teachers, to get strict scrutiny protection for NYC teachers, who are having their liberty, medical privacy and autonomy infringed upon by the COVID vaccine mandate.

See: Rivers v. Katz (67 N.Y.2d 485) 1986, a New York State Court of Appeals decision, to establish a fundamental right is being infringed upon by the NYC vaccine mandate. In the case the Court stated:

” In Storar, we recognized that a patient’s right to determine the course of his medical treatment was paramount to what might otherwise be the doctor’s obligation to provide medical care, and that the right of a competent adult to refuse medical treatment must be honored, even though the recommended treatment may be beneficial or even necessary to preserve the patient’s life. This fundamental common-law right is coextensive with the patient’s liberty interest protected by the due process clause of our State Constitution.

In our system of a free government, where notions of individual autonomy and free choice are cherished, it is the individual who must have the final say in respect to decisions regarding his medical treatment in order to insure that the greatest possible protection is accorded his autonomy and freedom from unwanted interference with the furtherance of his own… ”.

JWK

The Democrat Party Leadership, once an advocate for hard working American citizens and their families, is now their worst nightmare.