No. 23-144

Anthony Marciano v. Eric Adams, Mayor of the City of New York, et al.

Lower Court: Second Circuit
Docketed: 2023-08-16
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights due-process emergency-use-authorization informed-consent municipal-vaccine-mandate quarantine quarantine-law state-law state-preemption vaccination
Latest Conference: 2023-10-06
Question Presented (from Petition)

The question presented is whether the Mayor of the City of New York, through his appointed police and health commissioners, acts without legislative authority by mandating municipal employees to be vaccinated with unlicensed EUA drugs, where both state and federal law preempts such mandates without informed consent, or at least without the health department's obtaining a judicial order of quarantine when informed consent is withheld, under the due process protections that apply to quarantines under state law and New York City's health code.

Question Presented (AI Summary)

Whether the Mayor of the City of New York, through his appointed police and health commissioners, acts without legislative authority by mandating municipal employees to be vaccinated with unlicensed EUA drugs, where both state and federal law preempts such mandates without informed consent, or at least without the health department's obtaining a judicial order of quarantine when informed consent is withheld, under the due process protections that apply to quarantines under state law and New York City's health code

Docket Entries

2023-10-10
Petition DENIED.
2023-09-13
DISTRIBUTED for Conference of 10/6/2023.
2023-08-28
Waiver of right of respondent Eric Adams, Mayor of the City of New York, et al. to respond filed.
2023-08-14
Petition for a writ of certiorari filed. (Response due September 15, 2023)

Attorneys

Anthony Marciano
Patricia FinnPatricia Finn Attorney. P.C., Petitioner
Eric Adams, Mayor of the City of New York, et al.
Jesse A. TownsendNew York City Law Department, Respondent