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Author: Richard Jaffe

First YouTube Post on SB 871 and vaccine mandates is up

First YouTube Post on SB 871 and vaccine mandates is up

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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…

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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

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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…

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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

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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…

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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

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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…

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Another Day, Another Biden Vaccine Mandate Blocked

Another Day, Another Biden Vaccine Mandate Blocked

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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…

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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!

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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,…

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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

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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…

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Some Observations on the Supreme’s Oral Arguments on the Biden COVID Vaccine Mandates

Some Observations on the Supreme’s Oral Arguments on the Biden COVID Vaccine Mandates

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I listened to the oral argument yesterday on the two Biden mandates, and that would be the OSHA mandate for employers with 100 or more employees to mandate the vaccine or testing and masking for those choosing not to vaccinate, and the CMS vaccine mandate covering health care facilities that receive Medicare payments or Medicaid. I found it extremely interesting for many reasons, one of them being it was the first time the Supremes had an oral argument on a…

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Do you want to get some of the basics about vaccine mandate litigation, but rest your eyes? Then listen to my podcast X 2+++++

Do you want to get some of the basics about vaccine mandate litigation, but rest your eyes? Then listen to my podcast X 2+++++

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I have written much about all the vaccine litigation swirling around the courts. One of my recent posts was read by the highly regarded California appellate attorney Tim Kowal. Tim along with another successful appellate attorney, Jeff Lewis host a podcast for California trial and appellate attorneys focusing on substantive issues as well as trial and appellate strategies. Tim invited me onto their podcast to talk about vaccine mandate litigation. He liked the way I organized and categorized these disparate…

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Figuring out employees’ rights in the COVID mandate world, and some moderately helpful government guidance

Figuring out employees’ rights in the COVID mandate world, and some moderately helpful government guidance

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I don’t know about you, but with all the litigation, I have been struggling to figure out what rights employees have if they don’t want to get the COVID shot. As a lawyer and former student of analytic philosophy, I’m big on putting things into categories to help understand complicated and seemingly contradictory data points. Sort of like how TV detectives use a whiteboard with pictures of persons of interest. (A more abstruse allusion for Herman Hesse fans would be…

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