Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

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

iapps.courts.state.ny.us

Post reply on HN
Print view View original

41–50 of 443 posts

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

#41

Post by OrangeMonkey »

aaomidi wrote: post #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.

Courts exist to make people whole.

The court decided the executive branch didn't have the right to fire the workers. Because of that, the workers lost their jobs, insurance, and pay.

How else would you suggest the court make them whole again?

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

#43

Post by afarrell »

RC_ITR wrote: post #30
jakogut wrote: 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…

>where's the penalty for committing those actions in the first place You've hit the core problem of society/government that countless generations have tried to obfuscate via an academic body that implies that social interactions can be studied/understood like natural sciences. At the core, all social structure is built on the threat of violence - Commit non-violent white collar crime? Show up to court, because if you…

> At the core, all social structure is built on the threat of violence

Cripes. Nope.

If this was true, how do you explain backyard cookouts, pool parties, trick-or-treating, or Christmas present exchanges?

How do you explain folk dance festivals, buskers, and non-royal weddings?

How on earth do you explain hugs?

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

#44

Post by toast0 »

RC_ITR wrote: post #30
jakogut wrote: 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…

>where's the penalty for committing those actions in the first place You've hit the core problem of society/government that countless generations have tried to obfuscate via an academic body that implies that social interactions can be studied/understood like natural sciences. At the core, all social structure is built on the threat of violence - Commit non-violent white collar crime? Show up to court, because if you…

> Sure, there's political theory and economics can act like "utility" drives all things, but at the end of the day, it's the threat of some sort of violently bad outcome that keeps society in check.

Being incarcerated or dead is very low utility for most people ;)

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

#46

Post by seanmcdirmid »

jakogut wrote: 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…

> How do courts declare certain executive orders unconstitutional, and yet the perpetrators, who took an oath to uphold and defend said rights and values, face no consequences?

Isn't this like saying developers should suffer consequences if they allow bugs to get into their code? Because we are perpetrators of flawed code, like law makers are perpetrators of flawed laws?

> Regardless of one's opinion of said rights, how do courts blatantly ignore rulings and orders from higher courts with no repercussions?

Because to do otherwise is to abandon civil process (where people get to argue about laws, and they have the right to be wrong without further consequence than being wrong) and enters into what would effectively devolve into mob rule.

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

#47

Post by spfzero »

tptacek wrote: 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…

Not merely arbitrary. From the decision: "This Court aggress that the Commissioner cannot enact a term of employment on City employees and has exceeded his scope of authority..."

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

#48

Post by 6thaccount »

tptacek wrote: 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…

No post body was provided.

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

#49

Post by PM_me_your_math »

aaomidi wrote: post #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.

The judicial branch is not in the executive or legislative branch. Courts can invalidate laws and regulations from the executive or legislative branches. It is called Checks & Balances. It has kept power distributed for almost 250 years, preventing it from becoming concentrated in any one branch of government. Should that occur, you'd have bad actors enacting a one-party tyrannical state and tens of millions would die, mostly through starvation, but a good many through a state apparatus. It is familiar music. Our civilization has had to deal with such bad actors for a very long time, but despite the lessons of the past, there are still some who desire the one-party state. There is no sign that we, as a species, has completely eliminated the lust for power that's innate in humanity. It is for this reason that the founding fathers hard-coded such things into our nation which act as a stop-gap for tyrants.

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

#50

Post by cantSpellSober »

bananapear wrote: post #28
tptacek wrote: 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?

The argument at the time was that it was "creating a double standard that disadvantaged local artists and athletes" compared to performers that were not residents of NYC (but commuted in for work).

https://www1.nyc.gov/office-of-the-mayor/news/153-22/transcr...

Post reply on HN