A three-judge Federal Appeals Court panel has ruled that the teachers and staff must comply with the ruling of the New York City School District that all must be vaccinated against Covid-19. See the CNBC story for details.
The teachers’ union, which was the losing plaintiff in the lawsuit, has asked the U.S. Supreme Court to review the decision on an accelerated basis. I expect they will do so very soon, although they might choose to simply let the appeals panel’s judgment stand.
This is one of those awkward cases where there is right on both sides, if we are honest. The children have a right to be in school and safe at school. The district’s employees have a right, given adequate performance, to continue in their jobs without undue interference in their personal lives, including what prescription medicines or vaccines they choose to allow in their bodies.
While two of the approved vaccines utilize the new mRNA technology which could be somewhat unproven, given there is no evidence of long-term (“10-20 years later”) safety, the Johnson & Johnson one-dose vaccine while less effective, does not have that drawback and will meet the district’s mandate.
Large issues involving society’s interests vs. individual autonomy are at stake here. If we’ve seen anything about the current justices it is that they seem to be risk-averse, disinclined to push boundaries. It will be interesting to see what they decide.
