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Author: Richard Jaffe

My Prediction about the The Second Circuit’s Oral Argument on the NY Department of Health COVID Vaccine Mandate on Health Care Workers Case

My Prediction about the The Second Circuit’s Oral Argument on the NY Department of Health COVID Vaccine Mandate on Health Care Workers Case

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My prediction: 3-0 vote to overturn the Northern District’s preliminary injunction order and affirm the Brooklyn District Court’s denial of a preliminary injunction The scariest moment for Judge Debra Livingston (and maybe the rest of the panel): She asked the We the Patriots Attorney if they ruled that the DOH order violated the free exercise clause because it didn’t allow for a full-on religious exemption, would that mean that all mandatory vaccines which didn’t have a religious exemption would be…

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Do Employees Have a Right to a Religious Exemption from the COVID Vaccine Mandate?

Do Employees Have a Right to a Religious Exemption from the COVID Vaccine Mandate?

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Hell if I know, but I think we all might find out soon. Later today, October 27th, the Second Circuit Court of Appeals will decide whether the New York state emergency order which mandated the COVID shot for all state health care workers will go into effect, or whether it will continued to be stayed pending the trial of permanent injunction case. You will recall that a Northern District federal judge granted a TRO and then a preliminary injunction barring…

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Northern District of New York Grants a Preliminary Injunction Against the NY State Emergency Mandatory COVID Vaccination Order with Did Not Contain a Religious Exemption/Accommodation

Northern District of New York Grants a Preliminary Injunction Against the NY State Emergency Mandatory COVID Vaccination Order with Did Not Contain a Religious Exemption/Accommodation

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Previously, a Northern Disrict of New York federal district judge issued a TRO against New York State from enforcing its COVID vaccine mandate for all New York state health care workers. The original emergency order issued by the Health Commission had the religious exemption in it, in addition to the medical exemption. But the subsequent order issued by the health department removed the religious exemption. The failure to provide a religious exemption was the basis of the injunction lawsuit. The…

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More Action On the Vaccine Mandate Front including some Good News on the Religious Exemptions/Accommodations

More Action On the Vaccine Mandate Front including some Good News on the Religious Exemptions/Accommodations

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It seems like each day brings new lawsuits and/or decisions on the mandatory vaccination issue. Yesterday, the Sixth Circuit denied the Michigan university’s attempt to stay the district court’s preliminary injunction barring the university from denying student athletes from participating in sports activities because they were unvaccinated Here is the decision. 6thcircuit People opposed to mandatory vaccination and in favor of a strong if not absolute right to a religious exemption will be pleased for many reasons. Lawyers in the…

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Next Week We May Actually Know Something about Whether the Religious Accommodation to the Covid Vaccine is Meaningful

Next Week We May Actually Know Something about Whether the Religious Accommodation to the Covid Vaccine is Meaningful

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I confess to being alittle confused about the meaning and effect of the religious accommodation to the Covid mandate. Let me start by telling you what I do know and what some of you might not know, appreciate or accept. I don’t care what people call it, it is not an exemption, in the sense that if you get one, you necessarily go back to pre-Covid life at your job. Rather, it is an accommodation which employers have to consider…

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Cancer Doc Stanislaw Burzynski explains his theory of cancer and his targeted gene therapy approach (and my worlds collide)

Cancer Doc Stanislaw Burzynski explains his theory of cancer and his targeted gene therapy approach (and my worlds collide)

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For those of you who don’t know about him, Stanislaw Burzynski has been treating advanced cancer patients since the late 1970s with a novel peptide compound he discovered (and later synthesized). In the last dozen or so years he has been on the cutting edge of multi-agent targeted gene therapy in what is called personalized cancer treatment. Along the way, he has run into a quantum level more trouble with governments and other institutions than any other maverick health care…

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The Second Circuit Grants a TRO until the appeal is heard on October 14th

The Second Circuit Grants a TRO until the appeal is heard on October 14th

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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….

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The Oral Argument in the We The People Health Care Workers Case is over; decision pending

The Oral Argument in the We The People Health Care Workers Case is over; decision pending

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The oral argument in the stay of the New York State regulation mandating Covid vaccination (with no religious exemptions) has just finished. The judges took the case under submission, meaning they will issue a decision sometime in the very near future. (I am thinking by the close of business today, or tomorrow at the latest). I learned a couple of new things: First, there are currently three TROs barring enforcement of the regulation, the Northern District federal case as well…

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So What Case is going to be heard at the Second Circuit Tomorrow?

So What Case is going to be heard at the Second Circuit Tomorrow?

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So here’s the deal. We the Patriots as plaintiffs filed two lawsuits in Brooklyn federal court recently. The teachers’ lawsuit challenged the NYC vaccine mandate. The other suit by the group and some health care workers challenged the state vaccine mandate for state health care workers. Here is the complaint in that health care workers’case. show_multidocs(3) The district court denied injunctions in both cases. A circuit court judge on Friday granted a stay or administrative injunction in both cases so…

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All Eyes are on Tomorrow’s Second Circuit’s hearing in Maniscalco v. City of New York (Second Update)

All Eyes are on Tomorrow’s Second Circuit’s hearing in Maniscalco v. City of New York (Second Update)

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Tomorrow, Wednesday, September 29th, a three-judge panel of the Second Circuit Court of Appeals will hear arguments on continuing the stay of NY City’s vaccine mandate for school teachers and other school employees. To recap, the district court denied a preliminary injunction motion on 9/23, but a circuit judge issued a stay of the vaccine mandate the next day to allow a three-judge panel to consider the matter. So right now there is a stay of the mandate until the…

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