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U.S. Supreme Court Delivers Blow to Vaccine Skeptics


TallGuyJohninBKK

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"The U.S. Supreme Court rejected to hear an appeal relating to COVID-19 vaccine requirements in the workplace, dealing a blow to vaccine skeptics across the nation.

 

On Tuesday morning, the Supreme Court orders list showed that it was denying to hear any further arguments in the case Katie Sczesny, et al. v. Murphy, Gov. of New Jersey, et al. The case focused on four New Jersey nurses who filed a lawsuit against New Jersey's [now already rescinded] COVID-19 vaccine requirements in the workplace, citing religious freedom and health concerns.

 

The Supreme Court did not provide any further explanation for its refusal to hear the case, but the decision allows a ruling in the U.S. Court of Appeals for the Third Circuit to stand. The lower court ruled that the vaccine mandate challenged by the nurses did not violate their Constitutional freedoms..."

 

(more)

 

https://www.msn.com/en-us/health/other/supreme-court-delivers-blow-to-vaccine-skeptics/ar-AA1jUCdl

 

 

As stated in the above report, because the Supreme Court did not explain why it decided against taking up the case, there's apparently no way of knowing whether their decision was an endorsement of the prior lower court rulings upholding New Jersey's COVID vaccination policy, or perhaps instead a recognition that the issue was by now moot because New Jersey rescinded the challenged policy earlier this year.

 

Governor Murphy Signs Executive Order Lifting COVID-19 Vaccination Requirement for Employees in Health Care Settings

06/12/2023

 

Order Follows Last Week’s Announcement by the Centers for Medicare & Medicaid Services Rescinding the Federal Vaccination Requirement

 

TRENTON – Following recent changes to federal requirements regarding COVID-19 vaccines, Governor Phil Murphy today signed Executive Order (EO) No. 332 to lift the COVID-19 vaccination requirements for health care settings in New Jersey.  

An executive order signed on April 3, 2023 previously lifted the requirement for employees in health care settings who were not up to date on their COVID-19 vaccinations to undergo routine testing, while also lifting both the COVID-19 vaccination and testing requirements for workers in congregate settings. Today’s EO lifts the remaining requirement that health care settings maintain a policy requiring their workers to be up to date on their COVID-19 vaccinations.

 

(more)

 

https://www.nj.gov/governor/news/news/562023/20230612a.shtml

 

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Some added background on the case's history in the lower courts:

 

"U.S. District Court Judge Georgette Castner denied the preliminary injunction request on June 7, 2022, saying the plaintiffs had “failed to demonstrate likelihood of success on the merits and irreparable injury…” The judge said the state had a rational interest in protecting the health and safety of vulnerable patients and maintaining a safe environment for workers and the operation of healthcare services. 

 

The plaintiffs later appealed the federal judge’s decision to the 3rd U.S. Circuit Court of Appeals, which ruled the lawsuit moot because by that time the governor’s vaccine mandate had been rescinded due to the waning of the pandemic and COVID-19 transmission rates."

 

https://njbia.org/us-supreme-court-declines-to-hear-nj-covid-19-vaccine-case/

 

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One of the last times this kind of case was before the Supreme Court last year, from the various news reports, the result was a mixed decision -- a ruling striking down a federal vaccine mandate in the private sector, but upholding one for federally funded health facilities.

 

A Look at the Supreme Court Ruling on Vaccination Mandates

January 20, 2022

 

"The Supreme Court on Thursday struck down a Biden administration mandate that large businesses require their employees to either be vaccinated or tested once a week for the coronavirus.

 

In a 6-3 order, the justices blocked an Occupational Safety and Health Administration (OSHA) emergency rule for businesses with more than 100 employees — one that would have impacted more than 80 million workers.

 

The justices did, however, allow a vaccination mandate by the Centers for Medicare and Medicaid Services for health-care workers at some 76,000 federally funded facilities to stand.

 

(more)

 

https://law.stanford.edu/2022/01/20/a-look-at-the-supreme-court-ruling-on-vaccination-mandates/

 

 

Supreme Court blocks Biden Covid vaccine mandate for businesses, allows health-care worker rule

 

"The Supreme Court on Thursday blocked the Biden administration from enforcing its sweeping vaccine-or-test requirements for large private companies.

 

But the conservative-majority court allowed a vaccine mandate to stand for medical facilities that take Medicare or Medicaid payments.

 

The OSHA mandate required that workers at businesses with 100 or more employees get vaccinated or submit a negative Covid test weekly to enter the workplace."

 

https://www.cnbc.com/2022/01/13/supreme-court-ruling-biden-covid-vaccine-mandates.html

 

 

From what I'm reading, it seems like there's also a lot of other vaccine mandate cases / challenges still working their way through the various federal district and courts of appeal.

 

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21 minutes ago, Keep Right said:

A very sad day in America for freedom of religion. It seems that like Australia, the United States is going down the path of totalitarianism.

 

The New Jersey policy included provisions for medical and religious exemptions -- though the granting of such exemptions was discretionary.

COVID Vaccine Requirement for NJ Healthcare Workers

"Fill out an exemption form if you do not want to get vaccinated. Exemptions may be granted for medical, religious and deeply held personal belief reasons."

 

https://www.hpae.org/2021/08/covid-vaccine-requirement-for-nj-healthcare-workers/

 

 

Edited by TallGuyJohninBKK
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