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Network for Public Health Law
Public Health Emergency: Legal Preparedness and Response

Valdez v. Grisham

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Overview

Valdez v. Grisham (U.S. District Court, D.N.M., Sept. 13, 2021): Plaintiffs, a healthcare worker and an individual wishing to participate in the New Mexico State Fair along with her children, brought a class action complaint against the New Mexico Department of Health, claiming that a newly promulgated public health order in response to the COVID-19 Delta variant violated state and federal civil rights protections. The contested public health order in part requires that all hospital workers who are eligible for the COVID-19 vaccine receive it, and that those who enter the New Mexico State Fairgrounds who are eligible for the COVID-19 vaccine show proof of vaccination. Both requirements provide certain exceptions, including excepting those with qualifying medical conditions. The federal district court refused to block the public health order, finding that plaintiffs “fail[ed] to make even the baseline showing” required. Read about the decision here.

View all cases in the Judicial Trends in Public Health – October 15, 2021.

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