On Friday, July 30, Riverside Federal Judge Jesse Bernal denied an injunction motion filed to stop the enforcement of the UC’s COVID mandate against students and employees who have previously had the disease. This was a strategically narrow lawsuit that excluded members of the UC community who have not had COVID. But narrow or not, the judge denied the injunction request. No surprises in the decision (especially if you have been reading my recent posts(Jacobson, the low to non-existent rational relationship standard, and it’s not the job of the courts to weigh challenges to accepted science, it’s the state’s call, yada, yada. Much shorter than the Indiana University district court’s opinion, but same result and reasoning. This is now the third federal district court that has rejected a COVID mandate. (The first being Houston district judge Lynn Hughes in the case against the Methodist Hospital mandate).
My friend and colleague Greg Glaser is involved and he has (amazingly) just filed for a mandamus in the Ninth Circuit Court of Appeals. Hope he does better than the IU students who lost in the Seventh Circuit. But like in that case, I think Greg is trying to put this before the Supremes, so I don’t think he’s expecting much from the Ninth Circuit, even though there are many more conservatives on the court than in the old days.
Here are Greg’s papers. The District Court’s opinion starts at around page 50 of the pdf.
Good Luck to you Greg!
Rick Jaffe, Esq.