In the case of Doe v. Zucker, parents of children attending school in the New York public school system were not granted medical exemption for their children despite previous medical issues or reactions to vaccines.
The New York public school system would not allow these students to be included in remote, virtual instruction based on their non-compliance with the school’s vaccination policies. The parents filed suit, alleging that denial of inclusion in the remote learning process during the pandemic violated their 14th Amendment due process rights.
The district court disagreed with the parents, ruling that the vaccination requirements of the public school system were proper. The district court also denied the parent’s emergency injunction to allow their children to learn remotely.
Subsequently, the parents filed for injunctive relief with he Second Circuit Court of Appeals, Justice Sotomayor, and Justice Gorsuch all of which have denied the parents.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.