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Attorney for hospital employees wants judge to reconsider upholding vaccine mandate

Published: Sep. 28, 2021 at 3:54 PM EDT
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CINCINNATI (CINCINNATI ENQUIRER) - An attorney for the dozens of St. Elizabeth Healthcare employees who are fighting a COVID-19 vaccine mandate has asked the federal judge who upheld the mandate to reconsider his ruling, according to our media partners at the Cincinnati Enquirer.

A four-page motion for reconsideration filed Tuesday accuses U.S. District Judge David Bunning of adopting “the political position of the left” in his written ruling last week – apparently by calling the COVID-19 pandemic “unprecedented.”

Bunning, who was appointed to the bench by George W. Bush, said the case, at its core, surrounded whether a private employer could require employees “to be vaccinated in response to an unprecedented global pandemic.”

The motion, signed by attorney Dominick Romeo of Independence-based Deters Law, said witnesses were prepared to testify otherwise.

The motion also says St. Elizabeth is a nonprofit, not a private employer.

According to the motion, at a hearing last week in Covington where attorneys for both sides argued their positions, Bunning said he didn’t want to be “an activist judge.”

“The country changes. Dred Scott was considered property. When the Supreme Court changed that ‘law’ was that ‘activism?’” the motion says, referring to the 1857 decision that said people of African descent could not be citizens. “Segregation in schools was legal, until it was not. The examples are countless.”

The motion also says Bunning took information about medical exemptions from attorneys for the hospital group without allowing testimony that it says would “refute their facts.”

It alleges St. Elizabeth ordered its “physician’s group to deny medical exemptions,” and as a result, many of the plaintiffs did not even try to get a medical exemption.

It also alleges that “St. Elizabeth’s doctors do not want their workers to take the vaccine, and the hospital lied about the reason for it.”

“As is going on every day, the media, the hospitals and corporate America get away with simply stating their position, and no one is allowed to refute it,” the motion says. “Not even in court.”

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