Thread by @stevenmazie

NEW at SCOTUS: a constitutional challenge to the vaccine mandate for NYC teachers

This is a shadow-docket application for emergency relief. Here's the question presented.

One of the main arguments: it's a violation of the 14th amendment's equal protection clause to require teachers, but not all municipal workers, to be vaccinated against COVID.

The other argument: teachers have a constitutionally protected liberty under the Due Process Clause to work and earn a living.

These arguments are IMO both dead in the water. Teachers aren't anything close to a suspect class for the purposes of equal-protection analysis. And the last thing the conservative majority wants to do is prop up a substantive due-process claim right before it guts Roe v Wade.

Here's a link to the (oddly short) filing drive.google.com/file/d/1W3cUgV…