By Michael Kane
The KANE / KEIL / NYFRL cases applied for an emergency injunction with the Supreme Court of the United States (SCOTUS) today.
These cases all challenge NYC’s religious exemption to vaccination policy as being illegal and unconstitutional, and seek to return all unvaccinated NYC employees back to their jobs.
Our attorneys applied for an emergency injunction in the 2nd Circuit Court of Appeals that was denied in October. The case remains in the 2nd Circuit to be argued on the merits; however, the timeline of the case is uncertain, as NYC has until November 13th to reply to plaintiffs’ briefs and a decision from the court may not come until December, January or later.
This emergency application does not represent the final chance for these cases to appeal to SCOTUS. Even if this emergency appeal is denied, the KANE / KEIL / NYFRL cases may still appeal to the highest court in the country if deemed necessary in the future.
Last week a group of sanitation workers made national news when a state justice struck down NYC’s vaccine mandate as arbitrary, capricious and unconstitutional. However, NYC immediately appealed that decision and not one fired NYC worker has gotten their job back due to that case at this time. There are multiple cases in New York still fighting against the vaccine mandate for city workers in NYC.
Federal cases: Kane v. De Blasio, Keil v. NYC, New Yorkers for Religious Liberty (NYFRL) v. NYC: all have been consolidated
Co-Counsels: Children’s Health Defense, Gibson Law Firm, Nelson Madden Black, Alliance Defending Freedom
Read the 115-page brief to SCOTUS in attached file: https://nyteachersforchoice.files.wordpress.com/2022/11/2022.11.02-nyfrl-emergency-scotus-application.pdf
Source: Teachers for Choice
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