The U.S. Supreme Court has agreed to hear a case about vaccine requirements in New York City that was once denied by liberal US Supreme Court Justice Sonia Sotomayor. This could lead to a huge ruling about how much power state and local governments have, the Conservative Brief reported.
Last month, Sotomayor denied a request by New York City police detective Anthony Marciano to overturn the city’s unconstitutional mandate that all municipal workers get the Covid-19 jab.
Sotomayor denied Officer Anthony Marciano’s emergency request without comment, and she did not ask the city to file a brief in response.
Marciano resubmitted the same petition to Supreme Court Justice Clarence Thomas.
“I reapplied to Justice Thomas, who is a strict Constitutionalist,” attorney Patricia Finn of the group Make Americans Free Again, said in an interview. “I believed his previous opinions were in line with what I was arguing.”
Last week, Supreme Court’s press office confirmed that Det. Anthony Marciano’s petition to the SCOTUS to review the legality of New York City’s mandatory vaccination policy was accepted and will be deliberated at a conference on Oct. 7, according to Politico.
The outlet reported:
News that Marciano got the high court’s ear came as Adams announced an end to the vaccine mandate for private-sector employees and students participating in after-school activities Tuesday. He did not, however, budge on the requirement for city workers.
Finn said the Supreme Court’s decision could grant the injunction or even decide the case on the merits.
“It is a legal question, and facts are not in dispute,” she said in an interview. “I think the court has been waiting for a case like mine. I think they are waiting for somebody to approach the issue in a very clean and straightforward way.”
A spontaneous ruling would be rare, however, and most applications for an injunction are denied.
The case, Finn said, is simple: State and federal laws prohibit vaccine mandates without the recipient’s informed consent. And because Marciano did not give his consent, the suit alleges, his due process rights are being violated.
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