Why am I so EXCITED about the recent TRO?

by Michael Kane

9-16-21

First thing’s first – get your exemptions filed by Monday, September 20th.

Now about the TRO:

Some people think I am over-blowing the significance of the Temporary Restraining Order (TRO) recently granted to the MLC lawsuit stopping the September 27th de Blasio deadline of forced vaccination in the NYC DOE. They point to the fact that there is a hearing on September 22nd, which falls before the 27th, as being a bad sign for our side of this.

I disagree. Here is why.

1. There is no clearer, louder signal from a judge that he/she is on your side than having a TRO granted. When a TRO is granted, the judge doesn’t even meet with either side before hand, but rather grants it from merely what is presented in the written argument. When you get a TRO it is rare that you COMPLETELY lose your case.
2. Maybe we won’t win EVERYTHING we want, but I think it is very doubtful that we will LOSE everything either.
3. For months now I have been telling lawyers, experts and activists that I work with the only way we will see justice in the courts is if we see bodies in the streets.
4. Do you really think it is a coincidence that THE DAY AFTER OUR SECOND MASSIVE PROTEST IN MANHATTAN two TROs were granted in two cases that stopped forced vaccination in NY???
5. It’s no coincidence.
6. Judges are supposed to rule from some mountaintop of impartiality where the news cycle doesn’t impact them, but that’s just nonsense. The news cycle DOES impact them. Our thousands of protesters in the streets shows a sitting judge they are not alone in their reading of the law and the Constitution. They know the people have their back.
7. People are worried that NYC gets to argue their side in court now. Of course they do! That’s how the legal system works. They SHOULD have an opportunity to argue their side. This is a fair & balanced process which is all we are asking for. Do not fear it.
8. Attorney Tricia Lindsay is arguing her case against vaccine mandates in NYC on September 20th in New York State Supreme Court – just two days before the MLC hearing.
9. There will be a protest at Foley Square on Wednesday, September 22nd which is the day of the hearing in the MLC case, and finally
10. THE TEACHERS FOR CHOICE CASE AGAINST VACCINE MANDATES FOR NYC EDUCATORS WILL BE FILED NO LATER THAN MONDAY SEPTEMBER 20TH