NY vaccine mandate fight could be sign of what's to come nationally

A heavyweight fight over Covid-19 vaccine mandates is now the main event in New York State: In one corner, unvaccinated healthcare workers, hell-bent on maintaining what many of them deem to be a degree of personal autonomy. In the other, the state government, determined to inoculate healthcare workers through its statewide health-worker vaccination mandate, which went into effect Monday.

Many unvaccinated healthcare workers have staged protests in defiance of the order already, and face possible dismissal or unpaid leave if they persist. Who will prevail? It may take several rounds in court to find out.

Get the jab or get fired: That’s the hard line that quite a few healthcare systems in New York are taking. The Northwell Health system has already “exited from the system” about two dozen staffers who’ve refused to comply, while the Erie County Medical Center Corp. has put about 5% of its staff on unpaid leave, per the Washington Post. Thousands could potentially be out of a job if they fail to comply.

The mandate was initially devised by former Governor Andrew Cuomo, with the deadline for the first dose set for September 27.

• According to state data, roughly 84% of New York healthcare workers were vaccinated for Covid-19 as of September 22, but a vocal minority remains openly opposed to the mandate.
• Still, the impending deadline seemed to force many stragglers to get their shots: The New York Times, citing state numbers, noted that “thousands” of healthcare workers got vaccinated right before the Monday deadline.
• The number of unvaccinated public healthcare workers in New York City fell from 8,000 to 5,000 in just a matter of days.

Opposition remains, however. Christine Manello, a registered nurse at Stony Brook University Hospital, told ABC 7 she believes the mandate violates her rights.

“I want to work,” Manello said. “I love my patients. I love my job. I’m being put in a position that is completely unconstitutional and unfair.”

The bell rings for legal slugfests: New York is something of a bellwether for how imminent state and federal vaccine mandates will play out. There are at least eight lawsuits challenging the mandate, with plaintiffs arguing First Amendment violations or religious exemptions, the Times reported.

Amid all this, the specter of staffing shortages looms, while the country still grapples with a pandemic and burned-out hospital staff. On Saturday, however, Hochul released a plan authorizing healthcare workers from other states, in addition to National Guard medical personnel, to fill in if necessary.

Zoom out: If New York’s attempt to implement a Covid-19 vaccine mandate for healthcare workers is any indication of how this will play out for other states, then the lawyers should be very pleased.—SB