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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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More Good News on the Religious Exemption Front! NY Federal Judge Issues a TRO Against the Denial of Religious Exemptions; Now it’s getting interesting and Maybe it’s an end-around Jacobson in this and other such actions

More Good News on the Religious Exemption Front! NY Federal Judge Issues a TRO Against the Denial of Religious Exemptions; Now it’s getting interesting and Maybe it’s an end-around Jacobson in this and other such actions

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At 10:00 AM this morning, a Northern District of NY federal judge signed a TRO stopping the new Governor and the Department of Health from a bunch of things relating to religious exemptions being denied to state health care workers. Here is the order. order Here is the complaint. It is interesting because it’s not only about the religious exemption but also about natural immunity. Thomas More Society NY FED Hospital Pleading!!! This might be a good template for other…

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Update on the FDA’s California Stem Cell Case: So is SVF (i.e., sort of stem cells) a New Drug? That is the question

Update on the FDA’s California Stem Cell Case: So is SVF (i.e., sort of stem cells) a New Drug? That is the question

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Here is where the case stands as of September 13, 2021: Closing arguments were held on August 20th. The Judge set a short post-closing briefing schedule and both sides did briefs and replies, mostly on the definition of HCT/P’s. The reply briefs were submitted, per the judge’s order, on September 1st, as of which day the case was submitted and is now sub judice (legalese for pending decision by the court). One interesting note: Of course, the Government submitted to…

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The Texas Abortion Law Mess

The Texas Abortion Law Mess

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The right-wing wingnuts running Texas have finally figured out how to practically nullify Roe v. Wade. Many fear that other states will follow the Texas legal template of insulating the Texas government’s actions by deputizing the nationwide anti-abortion activists to enforce the new restrictions. It’s a good tactic, what I would call the swarm. If a majority of the members of the Supreme Court were institutionalists, rather than agenda-driven political hacks in black robes, the Supremes would have stopped it…

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Some Really Good News on the Religious Exemption Front

Some Really Good News on the Religious Exemption Front

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After yesterday’s tough news about the denial of Ken Stoller’s writ, I thought I’d share some promising news that just came across my computer. A Michigan federal just has just issued a TRO barring a University from stopping four female athletes from participating in collegiate sports after the University denied their religious exemption requests. The school had denied the requests essentially because of the dangers of the Delta variant and that it couldn’t take the chance to let the unvaccinated…

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Ken Stoller’s Appeal/Writ DENIED!

Ken Stoller’s Appeal/Writ DENIED!

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I just received a copy of the judge’s decision. Our writ/appeal was denied. The judge rejected all our arguments, like he did when the case was presented to him at the initial hearing back in March. He seemed to have forgotten or changed his mind about the issues and questions he had about the Board’s order at the second hearing in late July. I have no real insights as to what happened, other than the obvious that we’re going through…

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Still No Word on Ken Stoller’s Appeal/Writ of Administrative Mandate

Still No Word on Ken Stoller’s Appeal/Writ of Administrative Mandate

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I have been receiving requests for the status of Ken Stoller’s appeal (writ) in his licensing case. Nothing to report as of the close of business Monday, August 30, 2021. It has been five weeks since the hearing, but this is a complicated case with competing interests. These writ cases which review medical board decisions often take a month or two to be decided. And it is the summer, and even (or especially) judges and their staff deserve a summer…

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