Conservative justices on the Supreme Court showed a lean toward denying President Joe Biden's vaccine mandate on private businesses – while liberal justices spreading disinformation and misrepresented COVID data – and New York attorneys are "hoping" for a swift takedown of government "overreach."
"I'm assuming that Supreme Court is going to act pretty fast in this on an expedited basis," attorney Lou Gelormino told Newsmax's "Rob Schmitt Tonight" on Friday.
The Staten Island law firm Fonte & Gelormino is suing New York City to end vaccine mandates both on private businesses and, separately, government employees.
"We're challenging the private sector mandate," he said. "Just like President Biden, the mayor does not have any authority over the private sector in this city."
Gelormino expressed optimism the misrepresented data by liberal Justices Sonia Sotomayor and Elena Kagan will expose the Biden efforts, while the on-point questioning of the constitutionality of vaccine mandates by Justice Neil Gorsuch will put an end to charade.
"Justice Gorsuch made a great point: This is an overreach, it's a workaround, and it's an overreach, like he said," Gelormino told host Rob Schmitt. "They've been going agency to agency. New York City's doing the same thing. They're just trying to overreach and work around the Constitution."
Gelormino has sued both the city for the vaccine mandates on private business and the mayor's office for mandating vaccines on government employees.
"We were hopeful that Mayor Adams would overturn it," Gelormino said of the new Mayor Eric Adams, who assumed office from Mayor Bill de Blasio. "We're still hopeful that he'll be a lot more reasonable than Mayor de Blasio. We give him the benefit of the doubt."
The private sector lawsuit has a stronger case than the municipal one, Gelormino admits.
"Our case is pretty clear cut," he said. "We feel like we have a much better leg to stand on for the private sector lawsuit as opposed to the municipal lawsuits that we brought. We have one of the municipal lawsuits pending in the Supreme Court. We brought one for the teachers."
Gelormino acknowledged Mayor Adams as the "boss of the municipality employees" and his authority to "put conditions on employment."
"He certainly does not have that right for private-sector employees," Gelormino concluded. "You're talking about millions of people, Rob. I'm telling you, I'm not exaggerating when I say this: My partner, Mark Fonte and I, we've received thousands of calls in the last couple weeks, and that's not an exaggeration. People crying – people are going to lose their job and all for an overreach."
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