The case was filed last month by Rachel Maniscalco, a Staten Island teacher who was later joined in the case by another teacher and two school paraprofessionals. They also claim the mandate disadvantages them because it doesn’t include the option of weekly Covid tests, an alternative available to other city workers. 

Thursday’s arguments were the first opportunity for the appeals court to grapple with the legal merits of government attempts to force compliance with Covid-19 vaccine requirements. The panel heard arguments on an expedited schedule in hopes of providing legal clarity to thousands of staff and more than a million schoolchildren.