The order was issued in late 2021 by a New York judge, only to later be dissolved by a federal court. An appeals court also rejected a request for a stay pending appeal, which ultimately led to Sotomayor receiving Marciano's request. (Related: Kathy Hochul dropped the mandate for MTA workers after hordes of them quit in protest.)
A lawyer for Marciano stated that the mandate is causing his client irreparable harm as his due process rights are being infringed. The covid jab mandate is also a violation of both state and federal law, the lawyer argued.
"A majority of this Court would likely agree the Mayor of the City of New York has no executive authority that permits him to mandate an EUA Covid 19 vaccination, that is prohibited under existing NYS and federal laws from being imposed on any adult in NYC, employee or otherwise," the brief reads.
"Nonetheless, the challenged adult-vaccination-mandate requires all NYC municipal workers receive an EUA Covid 19 vaccination, with or without requisite informed consent, and / or with or without a Judicial Order of Quarantine PHL §2120 (3), required by state and federal law, or be fired."
In her rejection of Marciano's request, Sotomayor did not provide any explanation as to her decision. It simply went to her because she happens to be in charge of the United States Court of Appeals 2nd Circuit, which includes the state of New York.
Marciano, who has worked for the NYPD for more than 10 years, had applied for a religious exemption to the citywide mandate, only to have it turned down by his superiors. He is still employed by the department.
In 2021, New York Supreme Court Judge Frank Nervo entered the temporary block, only to soon after dismiss Marciano's suit. Nervo decided that NYC health officials have the authority to impose jab mandates.
Marciano's next step was to take the matter to federal court, which ended up being presided over by U.S. District Judge Jed Rakoff, a Bill Clinton appointee. Like Nervo, Rakoff ruled that NYC authorities have the authority to issue jab mandates, citing the decision in Garcia v. New York City Department of Health & Mental Hygiene.
This court found that NYC's charter "empowers the Department with 'jurisdiction to regulate all matters affecting health in the city of New York and to perform all those functions and operations performed by the city that relate to the health of the people of the city,' including in matter relating to the 'control of communicable and chronic disease and conditions hazardous to life and health.'"
"A very direct connection" was also found between flu shot requirements and the city's new covid jab requirements, both of which aim for "the preservation of health and safety," according to the courts.
"The same can be said about Board's requirement that City employees and contractors be vaccinated against COVID-19," Rakoff declared.
The Second Circuit later denied a request for a stay pending appeal, deciding that Marciano had failed to meet the standards for a stay. The appeals court is still overseeing Marciano's case, and it could end up ruling in his favor.
The latest news coverage about the Left's obsession with covid injections can be found at ChemicalViolence.com.
Sources for this article include: