Browsed by
Author: Richard Jaffe

Stoller Petition for Review filed with the Cali. Supreme Court

Stoller Petition for Review filed with the Cali. Supreme Court

Comments 3 comments

Today I filed the the petition for review in Ken Stoller’s medical board case. It’s a long shot (at best) that the case will be accepted for the highly discretionary review by the court. It’s not like an appeal to an appellate court which has to take a case. It is more like (or exactly like) a certiorari petition in the US supreme court. Needless to say, we think there are some important issues which the people of California deserve…

Read More Read More

Stoller Writ of Mandate (to the Court of Appeals) Denied; Next Step, the Cali. Supreme Court

Stoller Writ of Mandate (to the Court of Appeals) Denied; Next Step, the Cali. Supreme Court

Comments 4 comments

stollerwritofmandaterajLast Friday, the Sacramento appellate court denied Ken Stoller’s writ of mandate seeking to overturn the Sacramento superior court’s denial of our writ of administrative mandate. As is often the case in what are called “extraordinary writs,” the appellate court didn’t have much to say on the merits, and that’s an understatement. Here is the entirety of the order: “The petition for writ of mandate is denied.” There is no automatic right to appeal a denial of an extraordinary writ…

Read More Read More

Are we going to have compulsory covid vaccination in the US for all people?

Are we going to have compulsory covid vaccination in the US for all people?

Comments 0 Comment

I don’t think so. See my you tube vlog for why not, as well as a short history of vaccine mandates, and the difference between mandates and compulsory vaccination. https://youtu.be/gzkNUkT4Gbs Rick Jaffe, Esq.

First YouTube Post on SB 871 and vaccine mandates is up

First YouTube Post on SB 871 and vaccine mandates is up

Comments 0 Comment

Here is the link. https://youtu.be/t0dfWuGJz4Q I had some technical problems and I haven’t quite figured out the YouTube editing deal. So pardon the glitches. It’s about 30 minutes and starts with some recent thoughts about how to analyze these vaccine mandate cases. then goes on to SB 871 and some things which I think needs to be changed, ending with some practical suggestions in light of some of California government realities. The next vlog is going to be on natural…

Read More Read More

First Live Stream YouTube Vlog, Tomorrow, 1/28 at 9 AM PST on Cali. SB 871

First Live Stream YouTube Vlog, Tomorrow, 1/28 at 9 AM PST on Cali. SB 871

Comments 6 comments

As promised/threatened, I’m starting a YouTube channel on health law. I was going to start off with the CDC’s recent findings supporting natural immunity, but in light of Senator Pan’s dropping his COVID mandate bill, SB 871, I thought I’d start with that. I will take up the natural immunity in the next one, suggesting that the courts need to revisit the mandate issue in light of these findings, and the probably next COVID variant, which is Omnicon B2. I…

Read More Read More

Are you confused about all the Vaccine Mandate Litigation? Here is a fairly comprehensive Update of Where We Stand

Are you confused about all the Vaccine Mandate Litigation? Here is a fairly comprehensive Update of Where We Stand

Comments 1 comment

As I have repeatedly said, it is hard to keep track of all the covid vaccine mandate litigation, so once again here is where we are. This is going to be short and simple, and Much of the information comes from a recent post by the Alaska State government which is at the forefront with the other majority of the states that have challenged the 5 recent federal mandates. Religious exemptions to covid vaccine mandates As far as I can…

Read More Read More

Short Term Chaos for the New York State Mask Mandate, and what this means (and doesn’t) for the National Situation

Short Term Chaos for the New York State Mask Mandate, and what this means (and doesn’t) for the National Situation

Comments 4 comments

As has been widely reported in the news last night, a Long Island Supreme Court justice (and that would the equivalent of a superior court judge in California or a district court judge in Texas) barred the enforcement of the NY Governor’s mask mandate for schools. BUT THAT’S NOT THE INTERESTING PART After the judge issued the order, the NY State Department of Education issued a statement to NY schools to disregard the judge’s order. There were reports that the…

Read More Read More

Another Day, Another Biden Vaccine Mandate Blocked

Another Day, Another Biden Vaccine Mandate Blocked

Comments 1 comment

A Texas federal judge has today granted a preliminary injunction staying an executive order requiring all federal employees to be vaccinated. Here is the decision. Fed Contractor Mandate blocked! The Texas district court, in large part, based its decision on the recent Supreme Court decision blocking OSHA’s vaccine or testing and mask mandate. The court seemed to think that the President needed congressional approval to make such a broad mandate. To me, the case signifies how the federal judiciary is…

Read More Read More

Split Decisions by the Supremes on COVID Mandates: OSHA NO; Health Care workers have to get the jab!

Split Decisions by the Supremes on COVID Mandates: OSHA NO; Health Care workers have to get the jab!

Comments 4 comments

The Supremes have just rejected the Biden OSHA mandate which would have forced employers of around 84.2 million employees to either impose a vaccine mandate or a testing and masking alternative. It was a predictable 6-3 decision with the liberal judges in the minority. It was a per curium (unsigned) majority opinion. Justice Breyer as the senior judge in dissent assigned the dissenting opinion to himself, to which the other two liberal justices joined. Here are the opinions. 21a244_hgci. This,…

Read More Read More

This is What I think the Supremes Should Do and Will Do on the Biden OSHA and COVID Mandates

This is What I think the Supremes Should Do and Will Do on the Biden OSHA and COVID Mandates

Comments 4 comments

In yesterday’s post, I gave a summary of what I thought were some of the best, most interesting, or surprising points made in the oral arguments on the OSHA and CMS mandates. I have thought about it all some more. In my posts, I usually give predictions of how I think a court will rule in a case. Today, I am going to give my personal opinion of what the Supremes should do, and based on the oral arguments, what…

Read More Read More