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

iapps.courts.state.ny.us

31–40 of 443 posts

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

#31
post #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…

Why would it make sense to exempt those people but not, say, firefighters?

It doesn't, that's the point. The mandate presumably would have been legal if Adams hadn't added those arbitrary exemptions.

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

#32
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 a little weird to be concerned about this now around COVID policies, and not during the last fifty years of laws passed by republican state legislatures that barely last past the ink drying on the law before getting slapped with an injunction and ultimately struck down by the courts, but not after the state AG wastes millions of dollars in taxpayer funds fighting it as high up the federal court system as possibl…

No post body was provided.

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

#33
post #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…

Why would it make sense to exempt those people but not, say, firefighters?

Kyrie Irving isn't a firefighter.

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

#34
Back pay? Seriously? I thought people weren’t happy about executive power through judicial means, but I’m seeing that same group of people celebrate this.

Also note: the NY Supreme Court is actually the lowest court level in NY. Articles like this are being misleading on purpose.

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

#35
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 a little weird to be concerned about this now around COVID policies, and not during the last fifty years of laws passed by republican state legislatures that barely last past the ink drying on the law before getting slapped with an injunction and ultimately struck down by the courts, but not after the state AG wastes millions of dollars in taxpayer funds fighting it as high up the federal court system as possibl…

I'm not concerned about COVID policies. I'm concerned about policies and laws in general that are passed with the knowledge of their supporters that they're unconstitutional, and are later determined in the courts to indeed be unconstitutional.

Nothing about this is partisan to me. People who knowingly and intentionally violate their oaths should see consequences for their actions.

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

#36
post #32

Earlier quoted context omitted.

It's a little weird to be concerned about this now around COVID policies, and not during the last fifty years of laws passed by republican state legislatures that barely last past the ink drying on the law before getting slapped with an injunction and ultimately struck down by the courts, but not after the state AG wastes millions of dollars in taxpayer funds fighting it as high up the federal court system as possibl…

Quoted post unavailable.

Needs more random capitalization.

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

#37
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…

In cases of judicial review where the courts strike down a law, it's usually not as simple as you're trying to make it.

First of all it's not at all clear in advance that the laws are unconstitutional, and that the lawmakers are "perpetrators". Plenty of times the laws are challenged and the courts uphold them. The whole point is that laws often push boundaries or address areas not previously addressed by the courts, and of course courts are political too. Lawmakers are trying to do what they believe is right for the people, and courts are too, and sometimes they disagree, and all of this is legitimate.

And second, what would it even mean for a court to "penalize" lawmakers? For the government to penalize itself? The lawmakers are elected and often passing laws their constituents voted them into office precisely in order to pass. Do you want to fine the lawmakers and take away their salary? Do you want to fine the people who voted for them? No, of course not. That's ludicrous. Just as ludicrous as legislatures (or governors) fining judges when they think judges decide cases wrongly.

This isn't criminal, it's legitimate disagreement over what policy and law ought to be. Penalizing lawmakers doesn't make any sense. In the end the court overturns something, and if a change is dangerous/disruptive enough the courts place an immediate injunction until the final decision is made. This is how democracies work.

(On the other hand, if a legislator breaks a law personally, e.g. murders somebody, they are tried personally and go to jail just like anybody else.)

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

#38
post #32

Earlier quoted context omitted.

It's a little weird to be concerned about this now around COVID policies, and not during the last fifty years of laws passed by republican state legislatures that barely last past the ink drying on the law before getting slapped with an injunction and ultimately struck down by the courts, but not after the state AG wastes millions of dollars in taxpayer funds fighting it as high up the federal court system as possibl…

Quoted post unavailable.

> Eh you do realise the entire country just spent two years under house arrest?

Really? Two years? House arrest?

I must have missed that.

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

#39
post #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 th…

Christopher H. Achen & Larry M. Bartels wrote a whole book showing that voters do not keep track of what elected officials do, and so politicians are not punished for bad behavior, see excerpt here:

https://demodexio.substack.com/p/longer-elected-terms-lead-t...

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

#40
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 remedy in American law is supposed to be electoral, not legal.
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