Your Body, Her Choice: Abortion Backing Sotomayor Denies NYPD Challenge To Draconian Vaccine Mandate

By Darren Nagel | Wednesday, 31 August 2022 12:00 PM
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Your Body, Her Choice: Abortion Backing Sotomayor Denies NYPD Challenge To Draconian Vaccine Mandate

Supreme Court Justice Sonia Sotomayor, a fierce pro-choice advocate for abortion, denied an attempt to stop New York City's enforcement of its COVID-19 vaccine mandate on municipal workers. It seems that 'My Body, My Choice' only applies to terminating pregnancies and nothing else.

Sotomayor, head of emergency matters in New York, did not comment on why she denied a request for an emergency injunction by New York Police Department Detective Anthony Marciano on Monday, according to Bloomberg. Marciano sought the halt as he strived for an exemption from the vaccine mandate in the federal court of appeals. Marciano claims he should be exempted from the vaccine requirement because of his natural immunity to the virus. He should not be dismissed after the city denied his request for a religious exemption.

Marciano, who is still on active duty, claimed in court filings last week that due to his natural immunity to COVID-19, the "experimental" vaccine has side effects that outweigh any benefit the vaccine would provide, claiming it was something he "does not need." Health officials have refuted the claim that the vaccines are experimental, stating they are largely safe for the public. Despite the assurances, thousands have still refused to get the vaccines, and 1,400 municipal workers were fired in February by New York City for not getting vaccinated.

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“Each day, more and more municipal workers are being fired for refusing the EUA Covid 19 mandate in a city riddled with crime, and rapidly decaying, in need of more, not less, skilled municipal workers,” Marciano's lawyer, Patricia Finn, wrote when asking the Supreme Court for emergency relief.

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New York City set its condition in October 2021. According to Reuters, Marciano first filed suit on the state level in December, and it was denied in March after the case was moved to Manhattan federal court.

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The Supreme Court thwarted President Joe Biden's COVID-19 vaccination mandate for large businesses in January but allowed a separate federal vaccine requirement for healthcare facilities. The high court has generally declined to interfere with state and local governments adopting their own vaccine requirements.

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Marciano filed his lawsuit last December in a state court. After the case was moved to Manhattan federal court, U.S. Judge Jed Rakoff dismissed the case in March.

Rakoff rejected the argument that adults may not be targeted for vaccination or that the mandate violates Marciano's "right to bodily integrity" under the U.S. Constitution's 14th Amendment guarantee of due process.

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The Manhattan-based 2nd U.S. Circuit Court of Appeals denied Marciano's stay request on Aug. 2.

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In January, the U.S. Supreme Court blocked President Joe Biden's COVID-19 vaccination-or-testing mandate for large businesses - a policy the conservative justices deemed an improper imposition on the lives and health of many Americans - while endorsing a separate federal vaccine requirement for healthcare facilities.

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