Jimmy Wagner Argues Flawlessly in NY Court of Appeals
Odd Moves by the Court with Unvaccinated Judge and TEACHERS FOR CHOICE t-shirts
On September 11, 2024 the NY Court of Appeals heard perfect oral arguments from Jimmy Wagner as to why an unvaccinated tenured teacher is still a tenured teacher deserving the full protection of NY State tenure law.
Very odd, the court told me and everyone wearing any shirt with the word “TEACHER” on it we had to remove them or “put them on backwards” when we entered the court. You can see in the picture at the top of this post my t-shirt is in fact on backwards.
Even stranger, unvaccinated Judge Jenny Rivera was presiding over the court with six of her colleagues that day, but was removed when Jimmy Wagner’s case was called. So apparently the unvaccinated judge is not allowed to preside over the case, and the word “TEACHER” on shirts can’t be seen in the court.
Apparently this is the court’s version of “unbiased.”
I’ve been in many courtrooms over the past 3 years. Never once was I asked to hide the word “TEACHER” on my clothing as a prerequisite to enter any courthouse.
Judge Rivera was the only judge wearing a mask at the bench. It was unclear why she was wearing a mask, but that didn’t stop many of us from speculating. Was it because she was required to wear it since she is unvaccinated? Was it because she made the individual choice to wear the mask? We do not know the answer at this time.
There was no media coverage of the court hearing with the exception of the remarkable
who reports at the No One You Know Substack, among other publications. Aimee has consistently provided excellent coverage of NYC employees discriminated against over vaccine mandates.It seems obvious to me 9-11 was picked for this court date on purpose to bury it and prevent press coverage. I personally spoke to two labor reporters who were genuinely interested in covering this case, but they did not show up to do so. 9-11 in NYC is not a slow news day; ever.
The date selection just doesn’t feel like a coincidence to me.
Two court interns came into the court to watch Wagner deliver his oral arguments. A professional photographer came to photograph Wagner from multiple angles as he argued the case. We do not know who the photographer was there for. Some speculated he was a court photographer.
To say Wagner was flawless in his arguments feels like an understatement. From the very beginning I could tell he was quite simply in the zone; he knew all of the material like the back of his hand and he answered the judges questions fully, confidently, and without pause.
The crux of Wagner’s case has nothing to do with the vaccine mandate, but rather due process. NY State has a tenure law for teachers that is over 120 years old, and it says any teacher “removed” from their position “shall” be given due process before removal. That did not happen for a single unvaccinated tenured teacher in NYC.
Wagner was brilliant.
This was his moment to shine, and he did just that.
Jimmy Wagner has battled in the courts for over 3 years in a fashion similar to Bobbie Anne Cox, Jim Mermigis, Chad LaVeglia and Christina Martinez. These were all simply your average attorneys who were forced to become Civil Rights heroes; thrown into the battle out of desperate need, and destiny.
Of course, I love Civil Rights Attorneys who have been fighting for the people over many years and decades, such as Robert F. Kennedy Jr., Michael Sussman, Sujata Gibson and Mary Holland, but there is something about this new breed of NY Civil Rights Attorneys that captures my heart in a different fashion.
They didn’t choose the battle, the battle chose them.
Identical to TEACHERS FOR CHOICE.
Hopefully within 3 months we will have a decision from the court, but it could take longer.
The reason the judge was wearing the mask is because she was required to because she was not vaccinated. I gave oral argument in NYS Appellate Court and because I was not vaccinated I was required to wear a mask. FYI, I had 8 uncontested very detailed and well documented sworn affidavits along with 18 case New York case laws, (some from that very same court) that affirmed uncontested sworn affidavits. establish facts on the record and can't be disregarded.. The NYS Supreme Court, The Appellate Court and the Court of Appeals all turned a blind eye to that compelling evidence and ruled in favor the defendants (NYS Public Service Commission) even though they submitted no counter-sworn affidavits nor provided any case law that supported not filing a counter sworn affidavit. The whole New York Court system is corrupt.
I am feeling very positive about this case!