Sotomayor allows NYC vaccine mandate for municipal workers to be enforced

Supreme Court Justice Sonia Sotomayor on Monday denied a request to block New York City from enforcing its vaccine mandate for municipal workers.

Sotomayor denied the emergency application for a writ of injunction, filed on Friday, meaning the court will not reevaluate the city’s worker vaccine rule.

The application to the Supreme Court was submitted by police detective Anthony Marciano, listing New York City Mayor Eric Adams (D) as one of the respondents.

Marciano, who filed the lawsuit for himself and “on behalf of all others similarly situated,” first presented his case against the city’s vaccine mandate to the state’s Supreme Court.

The suit aims to halt the emergency use authorized COVID-19 vaccine mandate that applies to all workers in the city, apart from those who have medical or religious exemptions.

The mandate was first announced by the city’s health department on Dec. 13.

Marciano argues the mandate violates the separation of powers, along with informed consent and due process laws, and is arbitrary and capricious.

The case is currently being considered by the U.S. 2nd Circuit Court of Appeals.

Other respondents include Commissioner of Health and Mental Hygiene Ashwin Vasan, Police Commissioner Keechant Sewell, the New York City Board of Health and the City of New York.

The Hill has reached out to attorneys for Marciano and Adams for comment.