Public Health

2nd Circuit allows vaccine mandate to take effect for New York City teachers and school staff

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COVID-19 vaccine

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Lawyers representing New York City school employees who oppose a vaccine mandate say they will ask the U.S. Supreme Court for emergency relief after a federal appeals court allowed the requirement to take effect.

The 2nd U.S. Circuit Court of Appeals at New York ruled Monday in a brief order dissolving an injunction that had blocked the mandate, report the New York Times, the Associated Press, the New York Daily News and the Washington Post. The appeals court order followed the submission of written briefs.

The New York City school system is requiring vaccines for all employees and contractors who work in person in school settings or buildings. Employees can’t undergo testing in place of a vaccination.

The new vaccine deadline is the end of the day Friday, which means that the mandate takes effect Monday, Oct. 4, according to news coverage.

The plaintiffs had argued that the vaccine requirement violated their right to equal protection and due process. They also claimed that the mandate was arbitrary and capricious.

The city had countered that the plaintiffs “do not have a substantive due process right to teach children without being vaccinated against a dangerous infectious disease.”

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