Second Circuit – Mandatory vaccination: We the Patriots USA Inc. v. Hochul; Dr. A. v. Hochul

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United States Court of Appeals for the Second Circuit

Mandatory vaccination

Preliminary injunction – Likelihood of success

We the Patriots USA Inc. v. Hochul; Dr. A. v. Hochul

21-2179; 21-2566

Judges Walker, Sack, and Carney

Background: The two appeals concern preliminary injunctive relief that would restrain the State of New York from enforcing its emergency rule requiring healthcare facilities to ensure that certain employees are vaccinated against COVID-19. The state’s emergency rule contains an exemption for employees who are unable to be safely vaccinated due to pre-existing medical conditions, but does not contain an exemption for those who object to receiving the vaccine because of their religious beliefs. The first appeal from a membership organization appealed from the denial of its motion for injunctive relief, whereas Dr. A’s motion was granted.

Ruling: The Second Circuit held that in both cases the plaintiffs failed to establish a likelihood of success on any of their claims. The court notes that the plaintiffs did not demonstrate that the rule is not a neutral law of general applicability or that it does not satisfy rational basis review.

Cameron L. Atkinson, of Pattis & Smith, for the plaintiffs-appellants; Christopher A. Ferrara, of Thomas More Society, for the plaintiffs-appellees; Steven C. Wu, of the NYS Office of the Attorney General, for the defendants-appellants and defendants-appellees.