New York City educators who were denied a religious exemption to vaccination on Monday were back in the 2nd Circuit Court of Appeals in the cases Kane v. De Blasio and Keil v. The City of New York.
You can listen to the entire court hearing and recorded arguments here.
Plaintiffs and the general public were not allowed in the courtroom for Monday’s hearing. However, more than 100 people held a “faith rally” in front of the Thurgood Marshall Courthouse in downtown Manhattan. The rally was live streamed on CHD TV.
The plaintiffs in both cases won an injunction on Nov. 13, which gave them the opportunity to reapply for a religious exemption. However, attorneys for the plaintiffs say this relief is not adequate.
“New York City admits the policy they adopted to determine religious exemptions blatantly violates the Constitution and requires discrimination against minority faiths,” said Sujata Gibson, an attorney who along with co-counsel Mary Holland, president of Children’s Health Defense, represented the plaintiffs in Kane v. De Blasio.
“We are not prepared to rely on their non-binding assurance that they will ‘comply’ with the law this time. It is a major victory that the courts and even the defendants finally acknowledge the city broke the law, but we will not rest until we get relief that applies to everyone.”
Gibson said it’s a blatant conflict of interest that the attorneys executing the new religious exemption process are the same attorneys representing the city in the current lawsuits.
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Attorneys for both sets of plaintiffs argued there needs to be relief for more educators who are on unpaid leave, beyond just the named plaintiffs. As attorneys pointed out, thousands must choose to either waive their right to sue or be permanently terminated and stripped of their tenure and benefits on Nov. 30.
Gibson also reminded the court there were highly esteemed scientists from Stanford and Johns Hopkins University who submitted affidavits stating that unvaccinated educators posed no greater threat to anyone than their vaccinated peers did. (Those scientists are Dr. Jay Bhattacharya of Stanford and Dr. Marty Makary of Johns Hopkins University)
Barry Black, lead attorney in Keil v. The City of New York, detailed how the vaccine mandate in the city’s schools was not generally applicable because it was not applied to the general public.
Therefore the mandate needed to undergo strict scrutiny analysis, according to Black. Such strict analysis would require a much deeper look into all of the information surrounding the case, which may include dueling expert testimony and potential cross examination.
Black said this was “the last chance” to prevent harm for all of the educators on unpaid leave whose applications for religious exemptions were denied.
No ruling has been issued in either of the two cases since the Nov. 22 hearing. The cases were argued on an expedited basis so a ruling is expected to come shortly after the Thanksgiving holiday.
© 2021 Children’s Health Defense, Inc. This work is reproduced and distributed with the permission of Children’s Health Defense, Inc. Want to learn more from Children’s Health Defense? Sign up for free news and updates from Robert F. Kennedy, Jr. and the Children’s Health Defense. Your donation will help to support us in our efforts.
Most “Conservative” News Outlets Are on the Big Tech Teat
Not long ago, conservative media was not beholden to anyone. Today, most sites are stuck on the Big Tech gravy train.
I’ll keep this short. The rise of Pandemic Panic Theater, massive voter fraud, and other “taboo” topics have neutered a majority of conservative news sites. You’ll notice they are very careful about what topics they tackle. Sure, they’ll attack Critical Race Theory, Antifa, and the Biden-Harris regime, but you won’t see them going after George Soros, Bill Gates, the World Economic Forum, or the Deep State, among others.
The reason is simple. They are beholden to Big Tech, and Big Tech doesn’t allow certain topics to be discussed or they’ll cut you off. Far too many conservative news outlets rely on Google, Facebook, and Twitter for the bulk of their traffic. They depend on big checks from Google ads to keep the sites running. I don’t necessarily hold it against them. We all do what we need to do to survive. I just wish more would do like we have, which is to cut out Big Tech altogether.
We don’t get Google checks. We don’t have Facebook or Twitter buttons on our stories. We don’t have a YouTube Channel (banned), an Instagram profile (never made one), or a TikTok (no thanks, CCP). We’re not perfect, but we’re doing everything we can to not owe anything to anyone… other than our readers. We owe YOU the truth. We owe YOU the facts that others won’t reveal about topics that others won’t tackle. And we owe America, this great land that allows us to take hold of these opportunities.
Like I said, I don’t hold other conservative sites under too much scrutiny over their choices. It’s easy for people to point fingers when we’re not the ones paying their bills or supporting their families. I just wish there were more who would make the bold move. Today, only a handful of other major conservative news outlets have broken free from the Big Tech teat. Of course, we need help.
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