The pandemic is over. The Biden administration was forced to end the COVID-19 public health emergency declaration in May. Most people threw out their masks, embraced large indoor gatherings once again, and stores finally ditched those obnoxious and ineffective Plexiglass dividers. But even in this post-pandemic era, there are still legal battles playing out across the country over vaccine mandates.
In January, New York's Supreme Court struck down the state's vaccine mandate for healthcare workers but, of course, the Empire State didn't want to let go without a fight.
Last week, however, the Supreme Court Appellate Division, Fourth Department, dismissed the state's appeal.
"The mandate is over and declared unconstitutional," Sujata Gibson, attorney for the plaintiffs, said on X.
Breaking news in NY HC worker lawsuit! 4th Dept dismissed state’s appeal as moot, and declined to vacate lower court win. The mandate is over and declared unconstitutional. Ty @ChildrensHD @RobertKennedyJr @hcw4choice and everyone who helped in this fight. Doesn’t make up for the…
— Sujata Gibson (@sujatagibson) October 6, 2023
"This was an important victory. While it does not make healthcare workers whole, it does protect us from future overreach by the executive branch," she noted, according to Children's Health Defense.
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The state Supreme Court on Jan. 13 declared New York’s COVID-19 vaccine mandate for healthcare workers “null, void, and of no effect,” and ruled that the New York State Department of Health (NYSDOH) lacked the authority to impose the mandate.
The ruling pertained to a lawsuit filed on Oct. 20, 2022, against the NYSDOH, Gov. Kathleen C. Hochul and health commissioner Mary T. Bassett, by Medical Professionals for Informed Consent — a group of medical practitioners impacted by the mandate — and additional plaintiffs, including two doctors, a nurse, a radiologic technologist and a medical laboratory specialist. Children’s Health Defense (CHD) funded the lawsuit.
On Jan. 24, the state appealed the Supreme Court’s ruling that overturned the mandate. However, before the appeals court ruled, Jonathan Hitsous, attorney for the New York State Attorney General’s office, announced unexpectedly during a May hearing that the state planned to rescind the mandate.
Hitsous argued that the repeal would render the original lawsuit “moot” — meaning the rights and interests of the parties involved would no longer be at stake — and he requested that the lower court’s Jan. 13 decision striking down the mandate be vacated.
CHD and Gibson opposed the move in a joint statement, arguing that vacating the lower court’s decision would “leave open the very real possibility that this constitutional violation could happen again and ruin many more lives.”
“The law does not allow an agency to voluntarily stop an illegal activity and then claim they shouldn’t be held legally accountable,” Gibson told CHD.TV at the time.
Since then, New York formally repealed the mandate through the administrative process. In its ruling issued last week, the court held that the repeal “moots” the state’s appeal, but it declined to vacate the lower court’s decision or to take any position on it.
The vaccine mandate for healthcare workers went into effect in September 2021, which led to about 34,000 medical professionals to quit or be terminated.
Margaret Florini, a spokesperson for Medical Professionals for Informed Consent, told The Defender, "This is just the beginning."
"I think we will see many new lawsuits come about because of this historic win," 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."
