KANE v. DE BLASIO

No. 21-2678 August Term 2021 No. 21-2711.

19 F.4th 152 (2021)

Michael KANE, William Castro, Margaret Chu, Heather Clark, Stephanie Di Capua, Robert Gladding, Nwakaego Nwaifejokwu, Ingrid Romero, Trinidad Smith, Amaryllis Ruiz-Toro, Plaintiffs-Appellants, v. Bill DE BLASIO, in his official capacity as Mayor of the City of New York, David Chokshi, in his official capacity of Health Commissioner of the City of New York, New York City Department of Education, Defendants-Appellees. Matthew Keil, John De Luca, Sasha Delgado, Dennis Strk, Sarah Buzaglo, Plaintiffs-Appellants, v. The City of New York, Board of Education of the City School District of New York, David Chokshi, in his official capacity of Health Commissioner of the City of New York, Meisha Porter, in her official capacity as Chancellor of the New York City Department of Education, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 28, 2021.


Attorney(s) appearing for the Case

For Plaintiffs-Appellants: In No. 21-2678: Sujata Sidhu Gibson , The Gibson Law Firm, Ithaca, NY; In No. 21-2711: Barry Black , Sarah Elizabeth Child , and Jonathan R. Nelson , Nelson Madden Black LLP, New York, NY.

For Defendants-Appellees: Susan Paulson , Assistant Corporation Counsel, Richard Paul Dearing , Assistant Corporation Counsel, and Devin Slack , New York City Law Department, New York, NY.

Before: LIVINGSTON, Chief Judge, KEARSE, and LEE, Circuit Judges.


These two cases on appeal, which we heard in tandem, concern the denial of preliminary injunctive relief in connection with an order issued by the New York City Commissioner of Health and Mental Hygiene (the "Commissioner"), mandating that individuals who work in New York City schools be vaccinated against the COVID-19 virus (the "Vaccine Mandate...

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