Legal challenges to stricter school vaccine mandates rejected by NY court

school vaccine mandates

This article challenges to stricter school vaccine mandates was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

On December 3, 2019, Judge Denise Hartman, from the New York Supreme Court in Albany (see Note 1), rejected a claim challenging the removal of the religious exemption from school vaccine mandates.

Judge Hartman has previously, in a careful decision upheld on appeal, rejected plaintiffs’ request for a preliminary injunction on stricter school vaccine mandates. In this decision, she provided a well-reasoned, thoughtful analysis of the constitutional issues.

Judge Hartman found that the change in the law in New York was based on public health, not hostility to religion, and fits well within the extensive precedent upholding mandates without requiring a religious exemption.

This lawsuit was the strongest, best-argued challenge to the New York law on religious freedom grounds. Unless plaintiffs appeal, this is likely the end for any serious chance opponents had at overturning the law, and even on appeal, their chances are likely low.

Continue reading “Legal challenges to stricter school vaccine mandates rejected by NY court”