Well being Freedom Protection Fund Wins Enchantment to Sue LA Unified Faculty District for Necessary Covid Vaccination Coverage

Well being Freedom Protection Fund Wins Enchantment to Sue LA Unified Faculty District for Necessary Covid Vaccination Coverage

Winner-illustration1Well being Freedom Protection Fund (HFDF), California Educators for Medical Freedom, and particular person plaintiffs have gained their enchantment within the Ninth Circuit on  LAUSD’s Worker Covid Vaccination Mandate.

Well being Freedom Protection Fund et. al, led by the distinctive authorized crew of John Howard and Scott Avenue at JW Howard Attorneys, have gained a big victory within the Ninth Circuit, which reversed dismissal of their lawsuit difficult the Los Angeles Unified Faculty District’s (“LAUSD”) obligatory vaccination coverage for all workers.

Reversing the choice of the Central District of California in Los Angeles, the Ninth Circuit majority held that, first, the case was not mooted by LAUSD’s rescission of the mandate after oral argument final September, 2023. The bulk referred to as out LAUSD’s gamesmanship for what it was – a bald-faced try at avoiding an hostile ruling by attempting to create a problem of mootness.

Sadly for LAUSD, that they had already completed this as soon as within the trial court docket. Making use of the voluntary cessation doctrine, the bulk doubted LAUSD’s sincerity in rescinding the mandate instantly after an unfavorable oral argument in September of final 12 months.

On the deserves, the bulk dominated that the district court docket had misapplied the Supreme Courtroom’s 1905 resolution in Jacobson v. Massachusetts when it dismissed LAUSD’s lawsuit on grounds that the mandate was rationally associated to a authentic state curiosity. In Jacobson, the Supreme Courtroom upheld the constitutionality of a smallpox vaccination mandate as a result of it associated to “stopping the unfold” of smallpox.

The bulk, nonetheless, famous that HFDF had alleged within the lawsuit that the COVID jabs are usually not “conventional” vaccines as a result of they don’t stop the unfold of COVID-19 however solely purport to mitigate COVID signs within the recipient. This, HFDF had alleged in its criticism, makes the COVID jab a medical remedy, not a vaccine.

The court docket acknowledged that mitigating signs relatively than stopping the unfold of illness “distinguishes Jacobson, thus presenting a special authorities curiosity.” Based mostly on this reasoning, the bulk disapproved the trial court docket’s competition that, even when the jabs don’t stop the unfold, “Jacobson nonetheless dictates that the vaccine mandate is topic to, and survives, the rational foundation check.”

The court docket held that “[t]his misapplies Jacobson,” which “didn’t contain a declare by which the compelled vaccine was ‘designed to scale back signs within the contaminated vaccine recipient relatively than to stop transmission and an infection.”’ Jacobson doesn’t, the bulk concluded, lengthen to “pressured medical remedy” for the good thing about the recipient.

The court docket declined to provide any deference to pronouncements by the CDC that the “COVID-19 vaccines are protected and efficient.” Because the court docket requested rhetorically, “protected and efficient” for what? The bulk pointed to HFDF’s allegation that CDC had modified the definition of “vaccine” in September 2021, hanging the phrase “immunity” from that definition. The court docket additionally famous HFDF’s citations to CDC statements that the vaccines don’t stop transmission, and that pure immunity is superior to the vaccines.

In a separate concurrence, Decide Collins wrote that the district court docket “additional erred by failing to understand that [HFDF’s] allegations immediately implicate a definite and more moderen line of Supreme Courtroom authority” for the proposition that “a reliable particular person has a constitutionally protected liberty curiosity in refusing undesirable medical remedy[.]” Citing the Supreme Courtroom’s resolution in Washington v. Glucksberg, Decide Collins famous that the proper to refuse undesirable medical remedy is “completely in step with this Nation’s historical past and constitutional traditions,” and that HFDF’s allegations in this case “are adequate to invoke that basic proper.”

HFDF president, Leslie Manookian said,

“The Ninth Circuit ruling at present demonstrates that the court docket noticed by means of LAUSD’s monkey enterprise, and in so doing, it made clear that American’s cherished rights to self willpower, together with the sacred proper of bodily autonomy in issues of well being, are usually not negotiable. It is a nice  triumph for the reality, decency, and what’s proper.”

Yours in schooling and selection,

Leslie Manookian
Well being Freedom Protection Fund

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