New York Supreme Court Upholds Ban on COVID Vaccine Mandate for Health Workers

A health care worker prepares a dose Pfizer/BioNTEch COVID-19 vaccine at The Michener Institute in Toronto on Dec. 14, 2020. Carlos Osorio/POOL/AFP via Getty Images

New York’s Supreme Court has upheld its previous ruling invalidating the COVID-19 vaccine mandate for health care workers, a decision that will have ramifications on the power of the state’s executive.

The ruling came from the Supreme Court’s Appellate Division, Fourth Department, which dismissed the state’s appeal to have the mandate reinstated.

“4th Dept dismissed state’s appeal as moot, and declined to vacate lower court win,” attorney Sujata Gibson wrote on X, formerly known as Twitter.

“The mandate is over and declared unconstitutional,” she continued. “[Thank you] [Children’s Health Defense], [Robert F. Kennedy Jr.], and [Medical Professionals For Informed Consent], and everyone who helped in this fight.

“Doesn’t make up for the harm [New York] Inflicted, but will help protect us from more.”

The health care worker vaccine mandate was first implemented in September 2021, resulting in the departure or termination of about 34,000 medical professionals from their positions.

That mandate was originally struck down by the state’s Supreme Court in January, although the state’s executive branch chose to appeal the decision.

In his opinion in Medical Professionals for Informed Consent vs. Bassett, Justice Gerard Neri wrote that the state’s Department of Health was “clearly prohibited from mandating any vaccination outside of those specifically authorized by the legislature” and that it had “blatantly violated the boundaries of its authority as set forth by the legislature.”

Justice Neri added that the mandate was “arbitrary and capricious” given that the COVID-19 vaccines failed to prevent transmission of the virus, meaning the policy had no rational basis.

New York Gov. Kathy Hochul, a Democrat, had previously explained her opposition to rehiring health care workers who lost their jobs as a result of the vaccine, saying that this was “not the right answer.”

“I think everybody who goes into a health care facility or a nursing home should have the assurance and their family member should know that we have taken all steps to protect the public health,“ she said at the time. ”And that includes making sure those who come in contact with them at their time of most vulnerability, when they are sick or elderly, will not pass on the virus.”

In April, the state agreed to unilaterally drop the mandate of its own accord, although it still contested the decision for the sake of maintaining executive authority.

“Due to the changing landscape of the COVID-19 pandemic and evolving vaccine recommendations, the New York State Department of Health has begun the process of repealing the COVID-19 vaccine requirement for workers at regulated health care facilities,” the state health department stated.

Last October, the New York Supreme Court also struck down a mandate enforced specifically by New York City on all public employees, with Justice Ralph Porzio arguing there was no evidence to “support the rationality of keeping a vaccination mandate for public employees, while vacating the mandate for private sector employees or creating a carveout for certain professions, like athletes, artists, and performers.”

In January 2022, the U.S. Supreme Court similarly blocked an attempt by President Joe Biden to enforce a mandate on large private companies that their employees either get the vaccine or face regular testing. However, it did allow the mandate to continue in medical facilities that took funding from Medicare and Medicaid.

“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly,” the court wrote in its unsigned opinion. ”Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.”

Margaret Florini, a spokesperson for Medical Professionals for Informed Consent, told The Defender that the latest decision was a “historic” win that would help prevent such abuses of power in the future.

“I think we will see many new lawsuits come about because of this historic win,” Ms. Florini said. “There is still plenty of work to be done. We lost so much, not just money but relationships, marriages, friends, and homes. We cannot forget what was done to us, and we must continue to shed light on it and make impactful changes that will truly prevent this from happening again.”