The COVID-19 vaccine mandate for health care workers in New York has been overturned by the New York Supreme Court, which found that Governor Kathy Hochul and the New York Department of Health exceeded their authority when implementing the vaccine mandate. Siding with the plaintiffs, Medical Professionals for Informed Consent, Judge Gerard Neri ruled that the vaccine mandate was “null void, and of no effect.”1 2
The COVID vaccine mandate in New York was implemented at the start of the COVID pandemic by Governor Andrew Cuomo when the New York Legislature granted him the power on an emergency basis. On June 24, 2021, the emergency orders were rescinded by the governor, but the vaccine mandate was made a permanent regulation.3
The court found that New York public health law specifically prohibits the Commissioner from mandating vaccination for adults and children with the exception of school requirements from pre-school through high school. For school aged children, the public health law only permits mandates for vaccines related to poliomyelitis, mumps, measles, diphtheria, rubella, varicella, Hib, pertussis, tetanus, pneumococcal and Hepatitis B.
Accordingly, the COVID vaccine mandate exceeds the authority granted to the Commissioner by Public Health law. The court concluded:
The mandate §2.61 is beyond the scope of Respondents’ authority and is therefore null, void and of no effect, and Respondents, their agents, officers and employees are prohibited from implementing or enforcing the Mandate… DOH blatantly violated the boundaries of its authority as set forth by Legislature.4
The court determined that the COVID vaccine mandate was “arbitrary and capricious” and the changing definition of “fully vaccinated” in the mandate “contains all the hallmarks of “absurdity” and is no definition at all.”
Plaintiff attorney Sujata Gibson said:
This is a huge win for New York healthcare workers, who have been deprived of their livelihoods for more than a year. This is also a huge win for all New Yorkers, who are facing dangerous and unprecedented healthcare worker shortages throughout New York State.5
New York State Health Department officials strongly disagreed with the ruling stating that the mandate was “a critical public health tool” and that they were exploring their options.6
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1 Stimson B. NY department of health ‘exploring options’ after judge strikes down COVID vaccine mandate for health workers. Fox News Jan. 14, 2023.
2 Associated Press. Judge strikes down NY State COVID-19 vaccine mandate for healthcare workers. News 10 Jan. 16, 2023.
3 Medical Professionals For Informed Consent et al. v. Mary T. Basset et al. NYSCEF Doc. 86 Index No. 008575/2022.
5 Breaking: CHD Defeats NY State Healthcare Mandate Dropped. Children’s Health Defense. Jan. 13, 2023.
6 NY vaccine mandate for health care workers struck down. MSN Jan. 15, 2023.
This is glorious news, May God continue to watch over those who call upon him. This can be helpful for all other states. Let’s forgive the past and look toward our future!
Forgive the past? But what about the criminals who have killed – and are continuing to kill – so many millions? Some actions demand Nuremberg.
What does this mean for the CMS ruling (upheld by the US Supreme Court) that there would be no medicare/medicaid reimbursement for health care facilities employing unvaccinated health care workers?
The executive Emergency Pandemic order of early 2020 was just extended again for another three months by the Director of HHS and will increase the US debt 1.5 Trillion dollars or more this year unless it is stopped.This order allows student debt to be forgiven and regulators rules enforced as laws with no public recourse! Most have already been jabbed so there’s no pandemic emergency. It’s just a way for the executive branch to continue to spend by bypassing the legislature while allowing the crimes to continue. The ultimate goal is total global control via a digital vaccine passport. Don’t worry it won’t be mandatory. You just won’t be able to leave your house, work, or buy and sell unless you comply. This charade needs to stop now before it gets out of hand. Don’t think it can’t happen here. In 2019 who would have thought we’d be locked in our homes in 2020? Contact your Legislators now and continue until this order is rescinded and measures are put in place to keep it from ever happening again.
It’s the D-Dimer test results (a waste particle resulting from various types of clotting), which had been given to several patients, who had taken a biologic, that convinced me to keep my family safe from -what I see as- this blatant, pharmaceutical company overreach. I do believe that certain government agencies do have the proper, legal data which would enable the AG to enforce the law on the US Congress, and hold these companies accountable for the harms they have caused, and for which they are anserable.
How does this help all of the victims who got the jab and now face uncertain future risks, such as all of the young athletes who have been dying since the jab outbreak?
there should be no covid shot mandate anywhere anymore. It doesn’t stop the spread and it doesn’t stop infection. The control the public health sector has had has gone to far. They still don’t see the flaw in the logic of why the covid shot should not be mandated. Covid shot is not a vaccine. we lost many good healthcare workers over this covid shot
I concur…PRAISE GOD!