No. 23-5344

Aaron Abadi v. City of New York, New York

Lower Court: Second Circuit
Docketed: 2023-08-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law civil-rights constitutional-challenge due-process mootness mootness-doctrine pandemic pandemic-regulation standing standing-requirement vaccine-mandate
Key Terms:
AdministrativeLaw Takings Securities Privacy JusticiabilityDoctri
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Do the vaccine mandates instated by the City of New York exceed their authority and/or are they arbitrary and capricious?

Question Presented (OCR Extract)

QUESTIONS PRESENTED | 1) Do the vaccine mandates instated by the City of New York exceed their authority and/or are they arbitrary and capricious? (This is not moot, as there were | injuries incurred and damages sought) 2) During these last few years with the Covid-19 pandemic, government agencies and large corporations took advantage of the people and instated various mandates, rules, and regulations that were not constitutional, legal, and/or violated various laws. Many courts dragged their feet, and now at this point, the courts are | mostly trying to dismiss the cases as moot. There are some recent Supreme Court cases showing that these are not moot, and the various circuit courts are each | taking sides as to the mootness. , Question: If the Government and/or corporation ceases to require a pandemic mandate does a complaint for injunction become MOOT, or since the pandemic still exists, other pandemics are being predicted, and Plaintiffs were not given sufficient time to litigate, the cases are NOT MOOT? 3) In order to have standing, the 24 Circuit required that Plaintiff must show that he was denied a job opportunity with the City of New York because of their vaccine mandate. Can Plaintiff satisfy the standing requirement, if he makes a substantial showing that his application would have been futile?

Docket Entries

2023-10-02
Petition DENIED.
2023-08-31
DISTRIBUTED for Conference of 9/26/2023.
2023-08-16
Waiver of right of respondent City of New York to respond filed.
2023-06-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2023)

Attorneys

Aaron Abadi
Aaron Abadi — Petitioner
Aaron Abadi — Petitioner
City of New York
Chloe K. MoonNew York City Law Department, Respondent
Chloe K. MoonNew York City Law Department, Respondent