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NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

iapps.courts.state.ny.us

11–20 of 443 posts

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#11
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You don't have to excuse yourself by saying that you are fully vaccinated. Your opinion is equally as valid regardless of your vaccination status. Those who chose not to take the vaccine are also human beings.

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#14
post #10

Something I've been wondering in recent cases where courts are overturning recent government action, whether unconstitutional bills passed into law, or unconstitutional executive actions that overstep authority, is where's the penalty for committing those actions in the first place? The state of New York famously responded to the outcome of NYSRPA v. Bruen, which overturned the defacto ban on concealed carry, by decl…

it's important to note that this is not the top court in new york, rather the beginning of the process of retrial and appeals. So, in effect, nothing will happen as a result of this ruling other than more appeals

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#15
post #3

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Difference in those are vaccinations that yield quality, long lasting immunity whereas the Covid vaccine is comparable to the flu vaccine in terms of effectiveness. Also, those are battle tested and widely accepted at this point, but the Covid vaccine was a type of vaccine that reached production for the first time with these.

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#17
post #13

Earlier quoted context omitted.

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Yeah, it's really sad to see all the covid survivors in Iron lungs.

Looks at the literal million dead Americans what survivors are we talking about again? If you got fired during the days where we finally had a vaccine and you refused to take it, you were fired for a very good reason.

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#18
post #10

Something I've been wondering in recent cases where courts are overturning recent government action, whether unconstitutional bills passed into law, or unconstitutional executive actions that overstep authority, is where's the penalty for committing those actions in the first place? The state of New York famously responded to the outcome of NYSRPA v. Bruen, which overturned the defacto ban on concealed carry, by decl…

The consequences in theory are political. Theoretically Congress should be impeaching Presidents and expelling members that do not uphold their oaths.

Executing consequences into popular Presidents or other members of Congress would also be politicized and have political consequences for Congress, so it doesn’t happen. That said, leaving impeachment or expulsion of legislative members to the Courts would also give them too much power.

So the real consequences are at election time. If you ran to retain your seat, and lost, that’s your comeuppance. It’s not granular, but it gets the job done eventually. This is also why control of the White House flips back and forth so much: nothing any President does is particularly popular most of the time, they just have the votes to do it. Incumbents do get massive advantages in staying power but in the present day, two terms looks like about the maximum we would be able to tolerate a President’s political party in the Oval Office and typically after midterms they no longer have the votes in Congress either.

Most of this is generally applicable to the States, but I don’t know New York politics specifically but would note that the previous Governor was put into a position where he was pretty much forced to resign both for scandals and for the actions he took while in office; and that was a slow slow build up.

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#20
This is a confusing headline. The judgement here is in NY state court, and pertains to employees of and in the City of New York, which enacted a vaccine requirement for employees of the city and later private employers in the city. Months later, Eric Adams was elected mayor of NYC, and he issued an executive order exempting athletes, performers, and artists from the mandate.

Petitioners sued, saying that the mandate with the exemptions was essentially arbitrary, and the courts agreed. So what happened here is that Eric Adams sabotaged NYC's vaccine mandate.

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