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Author: Richard Jaffe

Update On the UC COVID Mandate Challenge filed by Frontier Doctors

Update On the UC COVID Mandate Challenge filed by Frontier Doctors

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As expected, the Ninth Circuit Court of Appeals denied emergency relief seeking to reverse the district court’s denial of the preliminary injunction to stop the UC’s COVID vaccine mandate for members of the UC community who already had the disease. The thinking behind the lawsuit was that having a narrow group of plaintiffs who already had the disease, given the lack of definitive evidence that vaccinating these folks is needed or creates a significant proven benefit, might at least get…

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It’s Time to Start Thinking about What’s Next in the COVID Mandate Challenges

It’s Time to Start Thinking about What’s Next in the COVID Mandate Challenges

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The first round in the legal challenges to the state universities’ mandate for the COVID vaccine (including a religious accommodation) are all but over, or at least they will be if and when the Indiana University students emergency motion to the Supreme Court does not get a hearing. There should be an answer in a few days. If the Supremes accept the case and order briefing, well then this round isn’t over. I have noted my scepticism, but we’ll see…

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Anyone want to listen to an interesting academic debate on the pros and cons of the COVID vaccine Mandate?

Anyone want to listen to an interesting academic debate on the pros and cons of the COVID vaccine Mandate?

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FYI, in general, my posts either try to explain the law (lately, mostly about vaccine issues, but sometimes about stem cells) or relate information about my cases (lately, mostly involving my vaccine/medical exemption cases, but also about my stem cell cases that I can talk about). I try to keep my legal discussions narrow and focused on what the law is and how I think the courts will rule on specific issues. I try to avoid the big philosophical and…

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This Could be a Telling Week in the Legal World of Vaccine Mandates and SB 277 Medical Exemption Cases

This Could be a Telling Week in the Legal World of Vaccine Mandates and SB 277 Medical Exemption Cases

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Legally/lawsuit wise, and to state the obvious, there is much going in California and around the country on mandatory vaccination and exemptions/accommodations for students and employees. The Indiana University students who are seeking to overturn IU’s COVID mandated have filed the paperwork with the Supreme Court seeking an emergency review of the Seventh Circuit’s denial of a temporary injunction against the mandate, which the district court refused to grant (the preliminary injunction that is). This is the same or similar…

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Riverside Federal Judge Denies Frontier Doctor’s Injunction Request against the UC COVID Mandate; Mandamus in the Court of Appeals Filed

Riverside Federal Judge Denies Frontier Doctor’s Injunction Request against the UC COVID Mandate; Mandamus in the Court of Appeals Filed

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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…

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As Expected, The Seventh Circuit Court of Appeals Denied the Injunction Request of the Indiana University Students against the COVID Vaccine Mandate

As Expected, The Seventh Circuit Court of Appeals Denied the Injunction Request of the Indiana University Students against the COVID Vaccine Mandate

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As predicted, the federal appellate court denied the request for an injunction pending appeal of the IU students lawsuit against the COVID mandate. Hey, it’s an appellate court and it is bound by Jacobson. The decision is only a few pages, but it did mention an issue raised by a commenter about wanting to force a university to have remote learning. The court of appeal said no can do. The university gets to make that call, not the courts. Here…

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My Advice to UC Students (and their Parents) and UC Employees About the Mandate

My Advice to UC Students (and their Parents) and UC Employees About the Mandate

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I am repeatedly asked by parents and UC students what they should do about the UC mandate and what about the legal challenges. Ditto by/from UC employees. I am actually aware of only one filed legal challenge and that is the federal lawsuit recently filed in Riverside County federal court by the Frontier doctor group. That lawsuit does not cover all UC students, but only those who have had COVID, under the theory that if you’ve had the disease (and…

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No Decision Yet on Ken Stoller’s Case. When I know, you’ll know

No Decision Yet on Ken Stoller’s Case. When I know, you’ll know

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Per the title, there is no decision yet from the Right Honorable James P. Arguelles on Ken Stoller’s appeal (writ of administrative mandate) of the Medical Board’s license revocation order. I know many of you have a lot at stake. The judge said it would take a couple of weeks. It’s only been 8 days, and there is a great deal of paperwork for him and his staff to review. So, let’s give the guy time to do his job….

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Ken Stoller Hearing/Oral Argument/No decision yet

Ken Stoller Hearing/Oral Argument/No decision yet

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It was long, well over an hour. We battled back and forth. The You tube video was up and around for awhile, but I guess the court took it down and doesn’t save it or post forever on You Tube. Very smart guy for sure, though he seems to think that the Board gets a do over because the administrative law judge used the wrong standard and relied solely on the ACIP guidelines, which is the standard the Board argued…

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Here is the Link to watch the livestream Ken Stoller Hearing Today, July 23rd

Here is the Link to watch the livestream Ken Stoller Hearing Today, July 23rd

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So the hearing on Ken Stoller’s appeal (writ proceeding) is today at 10:AM PDT. You can watch it live. Here are two links. Here is the Department’s You Tube Channel. https://www.youtube.com/channel/UCCQv1lZu_IYNG-kOZcRcWNA This should work, but if you have trouble, try this link and to the link to the you tube channel address and put in July 23 as the hearing date. https://saccourt.ca.gov/civil/calendar-search.aspx To recap, The judge wanted the attorneys to specifically address the follow questions and they are very, very…

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