In an 18 page decision, Judge Sabraw denied the vaccine concerned plaintiffs’ motion for a preliminary injunction. Big surprise! He also set out the grounds why he will dismiss the case, after the defendants file their motion to dismiss, which I would guess would be in the next week or two.
Unfortunately, the law has been clear for a hundred years, up to an including last year’s New York case. States are not required to have a personal belief exemption or a religious exemption to vaccines because the rights of the few are subservient to the the health of the many. That’s just established law. Until the vaccine concerned present a case to a court that 1. herd immunity is wrong and 2. vaccination damage to kids is horrible, understated or underreported and that the programs are massively unsafe and do not prevent disease, no judge is going to overturn a state’s decision to remove PBE’s or religious exemptions. The injunction motion did not have any real record or evidence to support such a finding, so it was doomed or dead on arrival
Maybe the vaccine concerned will never accept the decision, the appeal decision or the law, but it doesn’t matter. This lawsuit is going to be dismissed, before the end of the year, the appeal will be denied, just like in Phillips v. New York (which is pretty similiar to this case and suffers from the same legal and record defects) and the Supreme Court will not grant certiorari, just like in Phillips.
Deal with it, and maybe it’s time for a Plan B.
Here is the Judge’s decision. He’s right on the money, based on the law, and the record before him.