⚖ Oral Arguments, with Context

The Second Circuit hears a lawsuit by seven employees over Yale New Haven Health's COVID-19 workplace rules. In 2021, the health system made COVID-19 vaccination a condition of employment. Some plaintiffs say they were fired after refusing vaccination; others say they had to undergo weekly testing. They claim the policies violated their constitutional rights, and that the health system jointly developed them with Connecticut's government. The district court dismissed their claims, gave them another chance to plead government involvement, and ultimately closed the case. The problem was state action: conduct attributable to government rather than an independent private employer. Their suit uses Section nineteen eighty-three, the federal law allowing remedies for violations of federal rights under state authority. The appeal asks whether the alleged partnership sufficiently links Connecticut to the vaccination, testing and employment decisions affecting these workers. Matthew Carlone represents the employees. He will argue that jointly designing the policy is enough to let the suit proceed, even without allegations that state officials personally ordered the individual firings. Attorney Spence represents Yale New Haven Health. She will argue that general public-health cooperation is not enough: the workers must allege government involvement in the specific firing or testing decisions, and their complaint does not do that.

Berens v. Yale New Haven Health Services Corporation (No. 25-3232) — U.S. Court of Appeals for the Second Circuit, argued October 5, 2026.