November 2022
1. KANE / KEIL / NYFRL Apply for Emergency Injunction in SCOTUS
NYC Religious Exemption to Vaccination Cases
New Yorkers for Religious Liberty, Inc., et al., Applicants v. City of New York, New York, et al.
These cases all challenge NYC’s religious exemption to vaccination policy as illegal and unconstitutional and seek to return all unvaccinated NYC employees to their jobs. The CHD legal team applied for an emergency injunction with the Supreme Court of the United States (SCOTUS) on 11/3/22. Justice Sotomayor denied the Application on November 10, 2022. The case is moving forward on the merits in the 2nd Circuit in an expedited appeal.
Read more:
KANE / KEIL / NYFRL Apply for Emergency Injunction in SCOTUS — Teachers For Choice
2. Children’s Health Defense et al. v. U.S. Food & Drug Administration et al.
Emergency Use Authorization of Pfizer COVID Vaccine for Ages 5-11
Hearing on Motion to Dismiss was heard on Nov. 18. We are awaiting the Judge’s ruling within the next two-three weeks.
Read more:
- Litigation Actions
- CHD Seeks Help From Texas Parents in Lawsuit Challenging FDA’s Authorization of COVID Vaccines for Kids 5-11
3. Rockland County Measles Case
Lawsuit Challenging Denial of Religious Exemption for Measles Vaccine Headed to Jury Trial
M.A. v. Rockland County Department of Health
On Nov. 9, 2022, the U.S. Court of Appeals 2nd Circuit overturned a lower court’s ruling. The appellate court found that public statements made by county officials possibly indicated animosity toward religion and religious exemptions, including characterizing individuals claiming such exemptions are “anti-vaxxers.” Judge Park’s concurring opinion found that “County officials did not even try to hide their reasons for engaging in this ‘religious gerrymander[ing],’ which served to isolate, target, and burden Plaintiffs’ religious practices.”
Read more:
Lawsuit Challenging Denial of Religious Exemption for Measles Vaccine Headed to Jury Trial
4. Repeal of Religious Exemption in CT
Spillane, Keira, Parent of Child #1 et al v. Lamont, Ned, In His Official Capacity As Governor et al.
CHD is supporting Attorney Jim Mermigis in this lawsuit to reinstate religious exemptions for school children in Connecticut. On Nov. 14, 2022, the Court heard Plaintiffs’ motion to remove the stay that was put in place after the State appealed our initial win. We are still awaiting the results.
5. Challenging California Assembly Bill 2098
California Gov. Gavin Newsom on Oct. 21 signed a bill that subjects the state’s doctors to discipline, including the suspension of their medical licenses, for sharing “misinformation” or “disinformation” about COVID-19 with their patients.
California Assembly Bill 2098 (AB 2098) defines “misinformation” as “false information that is contradicted by contemporary scientific consensus contrary to the standard of care” and “disinformation” as “misinformation that the licensee deliberately disseminated with malicious intent or an intent to mislead.”
Attorney Rick Jaffe is drafting the complaint with input from CHD’s legal team. We plan to file in late mid-November/ early December.
6. CHD files Certiorari to the U.S. Supreme Court in Medical Exemption for School Children Case
Goe v. Zucker is a class action lawsuit challenging NYS Dept. of Health medical exemption regulation that resulted in thousands of medically fragile children being removed from New York State schools. The eight named plaintiffs were denied the right even to attend school online. Plaintiffs assert that they have a fundamental right to protect their children’s lives following their doctor’s best medical judgment and that school principals are not qualified to substitute their judgment about what is safe for these children. The lead attorney is Sujata Gibson.
On Friday, Oct. 28, 2022, a Petition for a Writ of Certiorari was filed with the Supreme Court. Respondents New York State Department of Health and former Commissioner of Health Howard Zucker requested SCOTUS grant an extension of time to oppose by Tuesday, Jan. 3, 2023.
Top legal articles in The Defender this month
- Lawsuit Challenging Denial of Religious Exemption for Measles Vaccine Headed to Jury Trial
- ‘The Dominoes Are Falling’: New York Supreme Court Strikes Down COVID Vaccine Mandate for NYC Public Workers
- ‘Wave of Litigation’ Over COVID Vaccine Mandates — Nike, Washington State University Latest to Face Lawsuits
- Dr. Meryl Nass Compares Maine Medical Board Hearings on Her Suspension to a ‘Kangaroo Court’
If you wish to know more about our ongoing lawsuits and legal actions, please visit “Legal Justice”
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