Judge's Refusal To Block Vaccination Requirement Appealed

SANTA FE, N.M. (AP) — The lawyer for two women who challenged New Mexico Gov. Michelle Lujan Grisham's order requiring COVID-19 vaccinations for certain workers is appealing a judge's denial of their request for an injunction blocking the mandate.

Attorney A. Blair Dunn filed a notice of appeal with the 10th U.S. Circuit Court of Appeals on Tuesday, a day after U.S. District Judge Martha Vazquez upheld Lujan Grisham's authority to impose a vaccine mandate in a public health order to curb the spread of the coronavirus.

Dunn told the Santa Fe New Mexican that he believes his clients have chance of eventually winning, particularly if the case reaches the U.S. Supreme Court.

The governor's order requires health care employees, teachers and other “high risk” workers to be immunized unless they qualify for a medical or religious exemption. The lawsuit also contested the governor’s order requiring that people 12 and older to be vaccinated before attending the New Mexico State Fair.

The women sought an injunction to block the vaccine requirements from being enforced.

Vazquez's ruled that arguments claiming the vaccine is unreliable and the mandate infringes on personal liberty did not outweigh the state having to take measures to protect public health.