So, I guess we will find out tomorrow if NYC’s vaccine mandate will recognize the fundamental rights of its residents and apply the protections of “strict scrutiny”, which in this case would require accommodations for those having “natural immunity”, e.g., Anthony Marciano, a police detective on the NYC’s police force for 10 years who has natural immunity, and whose fundamental right to make his own medical decisions and choices would be needlessly and arbitrarily infringed upon by the NYC sweeping vaccine mandate.
Keep in mind, our judicial system has repeatedly confirmed whenever a government action impinges upon a fundamental right, it is presumptively unconstitutional. In Shapiro v. Thompson, 394 U.S. 618 the Court noted that the mere chilling of a Constitutional right by a penalty on its exercise is patently unconstitutional.
The bottom line is, under our constitutional system, which is designed to protect individual rights, government objectives and actions cannot be pursued by means that needlessly chill the exercise of basic constitutional rights, and the protection of “strict scrutiny” is there to ensure that such actions and objectives
(A) be narrowly tailored to achieve the government’s purpose,
(B) the purpose must be clearly defined and be based upon scientific and logical reasoning,
(C) and, it must use the least restrictive means to achieve the government’s stated purpose.
“If the Constitution was ratified under the belief, sedulously propagated on all sides that such protection was afforded, would it not now be a fraud upon the whole people to give a different construction to its powers?”___ Justice Story
It is absolutely shameful that those in our mainstream media and Hollywood crowd, having achieved fame, fortune and great success under a free market, free enterprise system, now work to destroy that system and impose a notoriously evil, Cuban style government, on America’s future generations.
Well, biggestal99, I am curious to know why that ruling seems important to you since the majority opinion did not explain its order nor took up the issue of “strict scrutiny”.
Here is a LINK to the ORDER and dissenting opinions.
I suggest you study Justice GORSUCH’s dissenting opinion in which he wrote:
“But even where such overt animus is lacking, laws that impose burdens on religious exercises must still be both neutral toward religion and generally applicable or survive strict scrutiny. Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U. S. 520, 546 (1993). To meet its burden under strict scrutiny, the government must demonstrate that its law is narrowly tailored to serve a compelling state interest. Id., at 531–532. Applying these principles to this case, New York’s mandate falters at each step.”
Hate to say it but the NY dumb ass Goofenor and her sidekick, out going NYC mayor Hizzoner DeBlasio, along with the One Horse Dog Faced Pony Soldier residing at 1600 Pennsylvania Avenue, Washington, District of Confusion, have been gaslighting the American people in denying the reality they face on a daily basis and chalking it up to hysteria and misinformation.