The Second Circuit in the We the People health care worker case granted a TRO but it is not a separate or independent TRO. Here is the language of the decision:
“Plaintiffs-Appellants move for a temporary injunction pending resolution of this appeal, prohibiting enforcement of New York State’s regulation requiring vaccination of specified healthcare workers. IT IS HEREBY ORDERED that the motion is GRANTED IN PART and DENIED IN PART. See Roman Catholic Diocese of Brooklyn v. Cuomo, 141 S. Ct. 63, 66 (2020). Appellees are hereby ENJOINED, pending resolution of the appeal or further order of this Court, from enforcing the mandate against persons claiming religious exemptions, in a manner that would violate the terms stated in the temporary restraining order entered by the district court in Dr. A v. Hochul, No. 21-cv-1009 (N.D.N.Y. Sept. 14, 2021).
The motion is otherwise DENIED. IT IS FURTHER ORDERED that the appeal will be heard by the panel sitting on October 14, 2021 beginning at 9:00 a.m. Each party will be allotted 10 minutes of argument time. Appellants’ brief is due on October 4, 2021 at 9:00 a.m. Appellees’ brief is due on October 7, 2021 at 5:00 p.m. The reply brief, if any, is due on October 8, 2021 at 5:00 p.m.”
Plaintiffs/Appellants wanted a separate TRO in the case. I guess they got it, and specifically they got the TRO until the appeal is heard on October 14th. The court also told the state that they shouldn’t violate the Northern District’s TRO. The court specifically cited the Cuomo case which enjoined the former governor on public restrictions which adversely affected religious practices. Opponents of mandatory vaccination and in favor of religious exemptions should be pleased. I didn’t see that coming from the tone of the oral argument, and I guess it once again shows how serious the courts take the whole free exercise of religious concept.
Of course, all these injunctions are just against the state, not against private health care facilities, because the free exercise clause, like all federal constitutional amendments only applies to government action.
But a W is a W.
Rick Jaffe, Esq.