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The New York State Department of Health, New York Gov. Kathleen C. Hochul and State Health Commissioner Mary T. Bassett on Tuesday appealed the state’s Supreme Court ruling that struck down New York’s COVID-19 vaccine mandate for healthcare workers.

In his Jan. 13 ruling, Judge Gerard Neri of the New York State Supreme Court in Onondaga County declared the mandate “null, void, and of no effect,” holding that the health department lacked the authority to impose the mandate.

Judge Neri’s ruling stands pending outcome of the appeal or unless the defendants request and are granted an injunction.

Commenting on the appeal, Children’s Health Defense (CHD) President and General Counsel Mary Holland wrote in an email:

“The Judge found the New York State healthcare worker mandate ‘null and void’ on two grounds: (1) that vaccine mandates are squarely and exclusively in the competence of the NY legislature; and (2) that the COVID-19 vaccine mandate is ‘arbitrary and capricious’ because the shots demonstrably do not stop transmission.

“Based on this forceful judicial decision, it seems unlikely that the Governor’s appeal will prevail.”

Holland cited New York’s statewide healthcare worker staffing crisis, which has reduced the number of hospital beds, forced upstate hospitals to turn away thousands of sick patients and suspended critical patient surgeries, as one reason the Jan. 13 ruling likely won’t be overturned.

“Hospitals have vacancy rates for doctors and nurses of 17+%, and since August 2022, the Centers for Disease Control and Prevention have been advocating non-discrimination between the vaccinated and the unvaccinated,” Holland said.

Sujata Gibson, lead attorney for the case, issued this statement:

“It is really disturbing that in the midst of an unprecedented staffing crisis, the DOH would cling to this irrational vaccine mandate at the expense of patient care.

“A recent study showed that 100 percent of hospitals and nursing homes in the state report staffing shortages that they cannot fill. Hospitals are turning sick people away by the thousands. Ambulances are being rerouted to Pennsylvania.

“These shortages are causing death and harm — this is a serious emergency.”

The lawsuit challenging the mandate was filed Oct. 20, 2022, by Medical Professionals for Informed Consent — a group of medical practitioners affected by the mandate — and additional plaintiffs, including two doctors, a nurse, a radiologic technologist and a medical laboratory specialist.

The lawsuit alleged the plaintiffs had lost — or were at imminent risk of losing — their jobs, and that several of them had religious objections to receiving the vaccine, but the mandate did not recognize those exemptions.

The plaintiffs also questioned several aspects of the legality of the mandate. CHD financed the lawsuit on behalf of the plaintiffs.

Hochul’s claim that vaccines prevent transmission ‘flies in the face of the science’

Just hours before the appeal was filed, a reporter asked Hochul about the state’s healthcare staffing crisis and whether the health department would advise hospitals to hire back unvaccinated workers.

Hochul responded:

“I don’t think the answer is to have someone who comes in who is sick be exposed to someone who can give them COVID-19 …

“I think everybody who goes into a healthcare facility or a nursing home should have the assurance … that we have taken all steps to protect the public health and that includes making sure that those who come in contact with them at their time of most vulnerability, when they are sick or elderly, will not pass on the virus.”

The Hill’s Robby Soave, on today’s episode of “Rising,” slammed Hochul’s position.

“What she’s saying makes no sense,” Soave said. “The vaccine — we’ve said it a million times and we’ll say it a million and one times — does not stop you from passing on the virus. You can be vaccinated and contract COVID and infect someone else. … This is a mindset from two years ago.”

Soave’s co-host, Briahna Joy Gray, chimed in: “To treat these workers like rats carrying the plague, rather than following the policy advice that we now understand, it’s very difficult to wrap my head around.”

U.S. and global health officials initially claimed COVID-19 vaccines prevented transmission of the virus. However as health departments around the world reported high numbers of “breakthrough” infections, that claim didn’t hold up.

And last year, Pfizer admitted it never tested whether the vaccines would prevent transmission.

Top health officials and agencies, including Dr. Anthony Fauci, President Biden, Centers for Disease Control and Prevention Director Dr. Rochelle Walensky and others, have since said the vaccines prevent severe disease, hospitalization and death from COVID-19 — but not transmission.

Gibson told The Defender that at this point, “when there is no credible basis to argue that the vaccines can stop the spread of COVID in any meaningful way, it is unconscionable to try to prevent thousands of hard-working doctors, nurses and other healthcare workers from going back to work while our tax money is wasted on a meritless appeal.”

Gibson said New York’s Public Health Law “is clear — the commissioner of health can recommend vaccines, but the decision to mandate them lies with elected lawmakers.”

Holland predicted dire consequences if the Supreme Court ruling is overturned:

“The fact that the Governor is appealing this decision in practical terms will mean more disease and death in New York State — the exact opposite of what the governor is saying. The governor’s appeal flies in the face of the science and the public interest.

“Not to hire back the personnel that the State terminated because of vaccine status is not only wrongheaded – it’s deadly. The State can and should do better.”

Hochul and Bassett both contracted COVID-19 after being vaccinated and boosted.