By Michael Kane
ROCHESTER, NY — This morning in the case Medical Professionals for Informed Consent v. Mary T. Bassett, in NY State Fourth Department Appellate Division, the State of New York announced they intend to drop the vaccine mandate for all healthcare workers across the state.
This is a clear sign of the strength of the lower court victory where the mandate was rescinded and ruled unconstitutional in this Children’s Health Defense-backed case.
In what can only be described as pure gamesmanship, New York State asked the court to withdraw their appeal but overturn the lower court’s decision without looking at the merits on the grounds that it was now moot. What that means is NY State wants the victory that Sujata Gibson and Children’s Health Defense already obtained in the lower court to be thrown out because today they announced a plan to withdraw the vaccine mandate for healthcare workers.
The lower court decision ruled that the state-wide vaccine mandate for healthcare workers was illegal and unconstitutional. This was a victory for attorney Sujata Gibson backed by Children’s Health Defense.
Today in court Gibson stated she is opposed to this offer from the state because it leaves open the very real possibility that this constitutional violation could happen again and ruin many more lives. In talking to CHD TV immediately after the court hearing Gibson stated, “The law does not allow an agency to voluntarily stop an illegal activity and then claim they shouldn’t be held legally accountable.”
However, according to Sujata Gibson, lead attorney representing medical professionals in this case, NY State misrepresented itself in court today by not making clear the lengthy process that is required to rescind the mandate. There needs to be a public comment period as well as hearings for the mandate to actually be rescinded. Moreover, there has been no official announcement. What the attorney for the state has asked the court to do is to take their word for it that they will eventually rescind the mandate.
Stay tuned to CHD.TV and TFC and CHILDREN’S HEALTH DEFENSE for more info…
Source: Teachers for Choice
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