A group of New York City public school teachers asked the U.S. Supreme Court Thursday to block the city’s vaccine mandate for school employees, claiming it violates their due process and equal protection rights.
The unvaccinated teachers said they should be given an option to regularly test rather than forced to get the shot and they accused the city of failing to explain why that alternative was not made available.
“If permitted to take effect, the August 23 Order will force thousands of unvaccinated public-school employees to lose their jobs -- while other municipal employees, including those who have significant contact with children, are allowed to opt-out of the vaccine mandate through weekly COVID-19 testing,” the petition said.
“While a temporary interruption of work is not actionable, the mandate here would have a permanent effect: it is open-ended, where if a teacher never gets vaccinated, he or she will never be able to return to work,” the petition said.
A federal appeals court earlier this week dissolved a temporary injunction and allowed the mandate to stand. The city has given school employees until Friday afternoon to comply before enforcement begins Monday.
-ABC News' Aaron Katersky