Federal judge grants preliminary injunction against New York's vaccination mandate for healthcare workers, determining workers are likely to succeed that the state must constitutionally exempt individuals with religious objections. via @DanClarkReports drive.google.com/file/d/1Hk-6yu…
The Court also determined that the state's mandatory vaccination policy is likely unlawful under Title VII and runs afoul of the Supremacy Clause.
A strange position. The workers are sidestepping the normal EEOC process in order to bring a con law claim through the back door.
A strange position. The workers are sidestepping the normal EEOC process in order to bring a con law claim through the back door.
The Court applied strict scrutiny to the order because a previous draft of the order included a medical and religious exemption, but the final order removed the religious exemption.
Here, the judge determined the order was a compelling governmental interest but that it failed because it was not narrowly tailored. The state could have offered objectors the option to be tested daily and mandated masking for unvaccinated religious objectors.
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