Yesterday, we alerted our readers that the Second Circuit had, on Friday, granted a temporary injunction against the enforcement of the healthcare worker vaccination regulation. By order posted today, however, the Second Circuit has “dissolved” that temporary injunction. In relevant part, the Second Circuit’s order states:
“Plaintiffs [We The Patriouts USA Inc.] move for a temporary injunction pending resolution of this appeal, prohibiting enforcement of New York State’s regulation requiring vaccination of specified healthcare workers. A judge of this Court entered the injunction on Friday, September 24, 2021 for administrative purposes without reference to the merits, pending decision by a three-judge panel. IT IS HEREBY ORDERED that the September 24 temporary injunction is DISSOLVED. IT IS FURTHER ORDERED that oral argument will be heard on Wednesday, September 29, 2021 at 10:00 AM, limited to Plaintiffs’ challenge based on the First Amendment’s clause guaranteeing Free Exercise of Religion.”
Therefore, the general vaccination mandate is “back on,” for the time being. And, per an injunction granted in a different lawsuit by a federal judge in Utica, New York, providers are also still required to continue considering religious exemption requests.
We will provide an update on this situation as more information becomes known. In the meantime, please do not hesitate to let us know if you have any questions.