How the SCOTUS ruling on Biden’s vax-or-test mandate could affect challenges in NY

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The US Supreme Court ruling that shot down President Biden’s vaccine-or-test mandate for companies gained’t be binding on challenges to related state and metropolis guidelines — however could assist persuade native judges to rule the identical approach, anti-mandate legal professionals stated Thursday.

Attorney James Mermigis of Syosset — who’s been dubbed the “Anti-Shutdown Lawyer” — hailed the excessive courtroom’s 6-3 resolution to dam enforcement of an Occupational Safety and Health Administration order, which he stated would have amounted to an “unprecedented” enlargement of the company’s authority.

But, Mermigis stated, “mayors and governors have police powers, meaning they could make these kinds of orders because they can say they are protecting the public and they are doing it for the well-being of the citizens.”

Mermigis at an outdoor press conference in Queens.
Attorney James Mermigis stated an approval for Biden’s vacccine-or-test mandate would have amounted to an “unprecedented” enlargement of authority.
Dennis A. Clark

Mermigis, who lately filed a go well with so as to add a non secular exemption to Gov. Kathy Hochul’s vaccination requirement for well being care staff, referred to as the Supreme Court ruling “a little persuasive” as a result of it “knocked down a vaccine mandate.”

“But I don’t find any solace in this decision for the state of New York because our mandates are much more restrictive than this OSHA mandate,” he stated.

Staten Island lawyer Mark Fonte — whose agency, Fonte and Gelormino, has fits pending in opposition to former Mayor Bill de Blasio’s vaccine mandates for varsity staff and companies — stated he wasn’t certain the ruling “will have a positive impact” on these circumstances.

But he stated he deliberate to make use of it to “argue that if an agency’s powers are expanded, there has to be a limit to that.”

“OSHA’s powers were expanded to include a vaccine mandate and the court said: You expanded it too much, that is not what OSHA was designed to do,” he stated.

Fonte answers reporters questions outside.
Mark Fonte’s agency has fits pending in opposition to former Mayor Bill de Blasio’s vaccine mandates for varsity staff and companies.
Steve White

“We are arguing the same thing: that the Health Department in the city of New York’s powers have been expanded too much by forcing these vaccine mandates.”

Fonte added: “Because if there is no limit on the expansion of the Health Department’s powers, where does it end? Can they order people to be quarantined? Can they order people to be under house confinement? Can they put them in detention centers for the unvaccinated? Where exactly does it end?”

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