Supreme Court Justice Sonia Sotomayor declined to grant a reprieve sought by a group of New York City teachers requesting an emergency injunction over a school staff COVID-19 vaccine requirement.
Sotomayor, an Obama appointee who oversees the Second Circuit and has the discretion to address emergency applications there, did not issue an explanation or statement on Friday.
This comes after the city told its nearly 148,000 education employees to receive their first vaccine by 5 p.m. on Friday or be suspended without pay when schools resume classes on Monday. A petition was filed on Thursday by attorneys representing the teachers Rachel Maniscalco, Evelyn Arancio, Diana Salomon, and Corinne Lynch, claiming the mandate violates due process and equal protection rights.
“If permitted to take effect, the August 23 Order will force thousands of unvaccinated public-school employees to lose their jobs while other municipal employees, including those who have significant contact with children, are allowed to opt-out of the vaccine mandate through weekly COVID-19 testing,” the petition states.
NEW YORK EDUCATORS ASK SUPREME COURT TO STOP VACCINE MANDATE
Attorneys for the teachers argued that instead of providing an opportunity to opt out of the vaccine mandate via the alternative of weekly testing, the New York City mandate “forces unvaccinated public-school employees to go on unpaid leave for nearly a year.”
A federal district court already declined to block that mandate, maintaining the “vaccination mandate is not just a rational public health measure, but a crucial one,” according to the Associated Press.
On Sept. 14, a federal appeals court placed an initial hold on the mandate but later lifted the order.
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Sotomayor did not refer the requests to the other Supreme Court justices, nor did they issue a comment on her action.
“Nothing is more important than the safety of our [New York City schools] staff, faculty, and students. Thank you to the Supreme Court for standing with us to protect our [New York City schools] community from [COVID-19],” New York City Mayor Bill de Blasio said in a tweet.
