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Second Circuit Review: Upholding COVID-19 Vaccine Mandates

December 22, 2021

Litigation of counsel Martin Flumenbaum and firm Chairman Brad Karp’s latest Second Circuit Review column, “Upholding COVID-19 Vaccine Mandates,” appeared in the December 22 issue of the New York Law Journal. The authors discuss the Second Circuit’s recent decision in We the Patriots USA v. Hochul, in which the court reviewed two district court decisions that had reached different outcomes concerning the enforcement of New York state’s vaccine mandate applicable to certain health care entities and personnel.

The panel held that the plaintiffs in each case were unlikely to succeed on the merits that the mandate contravenes their constitutional rights, affirming the Eastern District of New York’s refusal to block the mandate and reversing the Northern District of New York’s preliminary injunction against the mandate. The Second Circuit’s ruling provides substantial guidance to state agencies and district courts on critical issues of first impression arising from the COVID-19 mandate. Litigation associate Randall Bryer assisted in the preparation of this column.

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