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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.
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.
One Sick Day Proves We Need More Voices in Truthful Media
On October 19, I was sick. It crossed my mind that I had finally gotten the ‘rona, but my wife’s cream of chicken soup and a few extra hours of sleep into mid-afternoon had be back up and running after a sleepless night before.
When I finally stumbled over to my computer in the evening, I was met with a deluge of concern from readers. They asked what had happened as only one article had been posted that day. Generally, we post between 10-20 daily between all of the sites, not included curated and aggregated content. Seeing that we’d only posted my super-early morning article before taking the rest of the day off had readers assuming the worst.
We have a wonderful and talented group of writers who volunteer their time for the sites and their readers. Sharing their amazing perspectives has always been a blessing to us because we cannot afford to hire anyone at this time. But having great writers is meaningless if we don’t have great editors, or at least one additional. My wife helps me read and edit stories from time to time, but I’m a one-man show when it comes to getting the stories posted.
Whenever I highlight our desperate need for donations, I note that we do not receive money from Google ads even though most in conservative media are beholden. I often ambiguously note that the money donated will help us grow. Today, I’m highlighting a specific need. We must get an editor to help take some of the load and to expand on our mission of spreading the truth to the world. One sick day proved that.
The great news is that there is no shortage of people who CAN help. I am emailed variations of resumes every week by people who are much smarter than I am. As much as I’d love to hire some of them, we simply cannot. That takes money and as blessed as we’ve been to receive donations and collect ad money (though not from Google or Facebook), we have still fallen short.
Those who have the means, PLEASE consider donating. We have the standard Giving Fuel option and people can donate through PayPal. We are also diving into what we believe is extremely disruptive technology at LetsGo.finance, the world’s first major donation portal for crypto. I’ll be talking a lot more about them in the near future. Those who prefer Bitcoin can send to my address here: 3A1ELVhGgrwrypwTJhPwnaTVGmuqyQrMB8
We can get the voices out there and we’re willing to shine a spotlight on new talent. We just need the resources to make it happen. If you can help, we would be extremely grateful.
Thank you and God bless!
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JD Rucker – EIC