Get vaccinated or stay in jail! New York judges order defendants to get COVID-19 shots as part of plea deals and bail agreements (but is it even legal?)

Federal judge Jed Rakoff granted the release of a defendant, Elouisa Pimental, who had been charged with conspiracy to distribute fentanyl, if she agreed to get the shot

A New York judge ordered a defendant to get the COVID-19 vaccine as part of his plea deal, while another made it part of a drug dealing suspect's bail terms, as an attorney said judges have no unilateral authority to mandate vaccination.   

Recently, in a rare move, Manhattan judge Jed Rakoff granted the release of a woman accused of drug dealing on the condition she get vaccinated. 

'A condition of bail that is reasonably necessary is to require that the defendant receive a COVID-19 vaccination before being released.

'It seems obvious that the court has ample authority to impose such a condition,' read the bail terms issued by Rakoff's court. 

He argued that he did not feel comfortable granting bail to a defendant who posed a danger to the public. 

But former district attorney and National Review Columnist Andrew C. McCarthy contended that Rakkoff had no power to make such mandate.

'Judge Rakoff...is certainly free to believe everyone should get vaccinated. But he has no unilateral authority to order that they get vaccinated,' McCarthy wrote in a column for the Review. 

McCarthy pointed out in the article that he also believed everyone should be vaccinated, but that no district court has the authority to enforce a vaccination mandate.  

In the bail terms for Elouisa Pimental, Rakoff notes that as he feels that the unvaccinated pose a serious risk, 'enhanced risk of infecting other, innocent people and even potentially causing their deaths,' he would not release her without the condition of vaccination.

Another order came from Bronx judge Jeffrey Zimmerman who made vaccination part of a plea deal.

Judge Zimmerman told a defendant charged with drug possession, shoplifting and criminal contempt, that the crimes showed he put his own interest above others. By getting the vaccine, he said, it would be a form of rehabilitation by doing the opposite. 

Zimmerman compared it to a case in which a judge tried to force a defendant accused of drunk driving to place a neon sign on his car saying he was a drunk driver. A New York Court of Appeals ruled that this judgement was punitive, rather than rehabilitative, and therefor inappropriate.    

Former district attorney Andrew C McCarthy wrote a column in the National Review in response to Judge Rakoff's decision to make COVID-19 vaccination a bail requirement. McCarthy argues that Rakoff does not have the authority to do so 

 One of the conditions to grant bail for the defendant is that she gets vaccinated aginst COVID-19, to which she has agreed

 'Judge Rakoff...is certainly free to believe everyone should get vaccinated. But he has no unilateral authority to order that they get vaccinated,' McCarthy wrote in a column for the Review

As New York continues to place various sectors under vaccine mandates, two local judges have recently attempted to make plea deals with criminals on the condition that they be vaccinated

Neither defendant appeared to object, according to the New York Times. But it is a sign of New York edging closer towards attempting to mandate vaccines in every part of public life. 

In Judge Zimmerman's ruling, the plea was agreed to by the Bronx District Attorney and the defendant's lawyer at Legal Aid. 

In Rakoff's case, an attorney for Pimentel told the Daily Mail that his client agreed to and wanted to take the deal with the COVID stipulation in tact. 

According to the bail terms, the Bail Reform Act of 1984 covers Rakoff's decision to demand vaccination for Pimentel. 

The act focuses on the danger a defendant might pose for the community, in light of the crimes they have been accused of. 

McCarthy rebutted in his column that the potential and unassessed COVID-19 risk that Pimentel poses has no correlation to the criminal charges against her. 

The act leans towards more immediate and imminent threats- when there is evidence that a defendant could be an arsonist or a terrorist.

He goes on to say that the courts should not self-entitle to authority that belongs to departments of government who can indeed require vaccination for individuals, under lose and often inaccurate interpretations of the law.  

While bail conditions often order people released not to take drugs or alcohol, it is because intoxication does have a direct correlation with violence. 

McCarthy said that If congress was to require everyone be vaccinated, they would have to wait for vaccines to be fully approved and to grant medical and religious exemptions for individuals that meet the requirements.  

The possibility of Congress doing so is becoming more likely, as the Pfizer vaccine received full approval from the FDA on Monday.

But for a group of people to be singled out, say defendants trying to be released on bail or to obtain a plea-deal, there must be a inherent and sensible reason.

'For example, a law requiring the vaccination of medical practitioners who deal constantly with sick people,

'Merely being accused of a crime...has no discernible connection to a heightened risk of COVID that would justify a discriminatory vaccine mandate,' McCarthy said.   

He concludes that Pimentel's 'danger to the community,' simply refusing to get vaccinated, is indeed lawful behavior and completely unrelated to the crime she is said to have committed.  

'I do not see how this ruling can stand,' he wrote.

At least 63 percent of New Yorkers have had at least one dose of the coronavirus vaccine

However, city data show that only 28 percent of black NYC residents between the ages of 18 and 44 are fully vaccinated, compared to 49 percent of Hispanics, 52 percent of whites, and 82 percent of Asians in the same age group. 

It's also the most recent known case of a judge mandating a defendant be vaccinated. A similar case occurred in Louisiana, where a judge ruled that criminals could skip community service if they got vaccinated.  

At least 63 percent of New Yorkers have had at least one dose of the coronavirus vaccine

Earlier Monday, it was announced that every staff member at New York City's public schools will need to be vaccinated by the end of September with no option for weekly testing.

Mayor Bill de Blasio said Monday that every department of education employee must receive at least one dose of a coronavirus vaccine by September 27, as the city escalates attempts to slow the spread of the hyper-contagious Delta variant. 

There will be no option of a weekly test instead.

'We know this is going to help to ensure that everyone is safe,' he told reporters.

Outgoing Governor Andrew Cuomo, who has often clashed with de Blasio on handling the coronavirus, indicated in his pre-recorded farewell address Monday that he thinks all teachers should be vaccinated.

The announcement comes as public bodies and private businesses in the United States grapple with boosting vaccination rates.

Earlier Monday, it was announced that every staff member at New York City's public schools will need to be vaccinated by the end of September with no option for weekly testing as cases increase nationwide while vaccination rates straggle

On Monday the US Food and Drug Administration fully approved the Pfizer-BioNTech Covid vaccine, which is expected to trigger a slew of new vaccine mandates around the country.

New York's directive comes after Los Angeles and Chicago announced their own vaccine mandates for teachers.

Neighboring New Jersey announced a similar mandate Monday, but will allow unvaccinated teachers if they agree to once-a-week testing. Similarly, all state agencies, public colleges and universities in the Garden State face the same mandate.

The United States has recorded over 37 million positive COVID-19 tests, while 628,504 have lost their lives to the virus

The Big Apple now requires proof of vaccination for people attending indoor venues such as restaurants, gyms and shows, as the city tries to get back on its feet.

The order, which took effect last week as new COVID cases soar in the city and across the nation, requires proof of vaccination to enter restaurants, bars, entertainment venues, and gyms or fitness centers.

The vaccination mandate aims to persuade more people to get vaccinated with the threat of missing out on city amenities.

On Monday the US Food and Drug Administration fully approved the Pfizer-BioNTech Covid vaccine, which is expected to trigger a slew of new vaccine mandates around the country

Since New York announced its vaccine mandate, New Orleans and San Francisco have issued similar orders for patrons and staff of indoor businesses.

Nevada´s governor enacted a similar policy this week, and the Las Vegas Raiders responded by becoming the first NFL team to require proof of vaccination to attend games in 2021.

Los Angeles is considering similar measures. All are led by Democratic mayors, underscoring the political divide over mandates on vaccines, masks and other measures.

The vaccine mandates are fraught with complications, as restaurant servers, bartenders and ticket agents at already understaffed businesses now must enforce the vaccination rules.

Mindful that another economic shutdown could be disastrous, some restaurant and bar owners are embracing the the mandates as a way to control the virus and keep their doors open.

The United States has recorded over 37 million positive COVID-19 tests, while 628,504 have lost their lives to the virus.