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Judge rules vaccine mandate “arbitrary and capricious”

Published in Blog on October 27, 2022 by Catie Robertson

Since early 2020, New York led the rest of the states in pandemic panic and mismanagement.

Whether it was sending Covid positive patients back into nursing homes or requiring vaccine verification for dining in New York City, the full fist of tyranny came down on New Yorkers stripping them of rights during this proclaimed state of emergency. 

Justice prevailed this week, however, when the New York Supreme Court ordered NYC to reinstate public employees who were terminated on account of their vaccination status. 

The court ruled that there was no ground for maintaining a vaccine mandate in the public sector when it had been dropped for the private sector. 

Judge Ralph Porzio called the termination of the 12 sanitation employees on the grounds of vaccine noncompliance as “clearly an arbitrary and capricious action.”

In his decision, Judge Porzio also cites President Biden’s declaration that the pandemic is over and New York’s move to drop its Covid-19 state of emergency a month ago.

Not only were these public employees reinstated, but the court also ordered that they receive back pay. 

Still, the city is unwilling to be defied. Officials appealed the decision while promising to uphold the mandate with the exception of these 12 employees, barring the 1,400 others terminated from returning to their jobs. 

In a comment to CNN, a spokesman with the law department still maintained that the mandate is “firmly grounded in law and is critical to New Yorkers’ public health.” 

Perhaps this spokesman missed Pfizer executive Janine Small’s admission that the vaccine was not tested to reduce transmission. 

Regardless, these city officials have made it clear that those with power will never by their own volition give it up. 

If the past two years of Covid emergencies have taught us anything, we should act now to preserve the rights we have left.

The people and their states can act by calling for an Article V Convention of States.

Tyrants will use any excuse to exhibit their power. Do not give them power over you. 

Join us today, sign the petition below.

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Almost everyone knows that our federal government is on a dangerous course. The unsustainable debt combined with crushing regulations on states and businesses is a recipe for disaster.

What is less known is that the Founders gave state legislatures the power to act as a final check on abuses of power by Washington, DC. Article V of the U.S. Constitution authorizes the state legislatures to call a convention to proposing needed amendments to the Constitution. This process does not require the consent of the federal government in Washington DC.

I support Convention of States; a national movement to call a convention under Article V of the United States Constitution, restricted to proposing amendments that will impose fiscal restraints on the federal government, limit its power and jurisdiction, and impose term limits on its officials and members of Congress.

I want our state to be one of the necessary 34 states to pass a resolution calling for this kind of an Article V convention. You can find a copy of the model resolution and the Article V Pocket Guide (which explains the process and answers many questions) here: https://conventionofstates.com/handbook_pdf

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