Sotomayor allows New York City public school vaccine mandate to take effect News
torstensimon / Pixabay
Sotomayor allows New York City public school vaccine mandate to take effect

US Supreme Court Justice Sonia Sotomayor on Friday turned down an emergency appeal to block a New York City COVID-19 vaccine mandate for public school teachers.

The case concerns an executive order issued by Mayor Bill de Blasio on August 23 mandating that all public school employees get vaccinated by October 1 or be placed on unpaid leave. Four employees filed suit in the US District Court for the Eastern District of New York seeking an injunction to temporarily block enforcement of the mandate, but the court rejected their request. The challengers then appealed to the US Court of Appeals for the Second Circuit, and also asked for a temporary injunction, but the Second Circuit refused to issue one while they consider the case.

The challengers then turned to Sotomayor, who handles emergency appeals from the Second Circuit. They claim that thousands of public school employees will be forced out of work absent intervention from the high court, arguing that the vaccine mandate is a violation of their due process and equal protection rights. However, on Friday afternoon Sotomayor acted alone, without referring the issue to the full court, and turned down their request. This means the city’s vaccine mandate for public school employees has gone into effect.

In August Justice Amy Coney Barrett issued a denial in a case involving a similar vaccine mandate at Indiana University.

THIS DAY @ LAW

US Supreme Court ruled Indians not US citizens

On November 3, 1884, the US Supreme Court ruled in Elk v. Wilkins that John Elk, an American Indian who had tried to vote in a federal election in Omaha, Nebraska, was not a US citizen entitled to the protection of the 14th and 15th Amendments of the US Constitution. Native Americans became eligible for citizenship in 1887 under the Dawes Act, but only in 1924, under the Indian Citizenship Act, were all Native Americans born in the US made citizens.

Last public execution at Tyburn Gallows in London

On November 3, 1783, the last public execution took place at Tyburn Gallows in London, when John Austin was hanged for highway robbery. From the hanging of William Fitz Osburn in 1196 until Austin's execution, Tyburn served as London's primary location for public executions.

Learn more about the trial of John Austin.