New York City‘ public school teachers petitioned the U.S. Supreme Court to block the city’s vaccine mandate for teachers on Thursday. Lawyers for Rachel Maniscalco, Evelyn Arancio, Diana Salomon and Corinne Lynch argued in a 12-page petition to Justice Sonia Sotomayor, who is the circuit justice for the 2nd Circuit, that the teachers’ rights to due process and equal protection were violated by the mandate.
The petition mentioned that in trying to fight the COVID-19 virus, the City of New York, the Department of Education, and the Department of Health and Mental Hygiene created an Executive Order that places an unconstitutional burden on public-school teachers.
The petition also mentioned that instead of providing public-school employees with the choice to opt-out of the vaccine mandate through weekly testing, another option can also be provided for municipality employees. The Executive Order forces unvaccinated public-school employees to go on unpaid leave for nearly a year.
The Executive Order compels the education of thousands of children in the largest public school system in the country and violates the substantive due process and equal protection rights afforded to all public-school employees. The petition follows a federal appeals court move to dissolve a temporary injunction against the vaccine mandate earlier this week. New York City public school employees have until 5 p.m. on Friday to acknowledge.