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More Good News on the Religious Exemption Front! NY Federal Judge Issues a TRO Against the Denial of Religious Exemptions; Now it’s getting interesting and Maybe it’s an end-around Jacobson in this and other such actions

More Good News on the Religious Exemption Front! NY Federal Judge Issues a TRO Against the Denial of Religious Exemptions; Now it’s getting interesting and Maybe it’s an end-around Jacobson in this and other such actions

At 10:00 AM this morning, a Northern District of NY federal judge signed a TRO stopping the new Governor and the Department of Health from a bunch of things relating to religious exemptions being denied to state health care workers. Here is the order. order Here is the complaint. It is interesting because it’s not only about the religious exemption but also about natural immunity. Thomas More Society NY FED Hospital Pleading!!! This might be a good template for other…

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Update on the FDA’s California Stem Cell Case: So is SVF (i.e., sort of stem cells) a New Drug? That is the question

Update on the FDA’s California Stem Cell Case: So is SVF (i.e., sort of stem cells) a New Drug? That is the question

Here is where the case stands as of September 13, 2021: Closing arguments were held on August 20th. The Judge set a short post-closing briefing schedule and both sides did briefs and replies, mostly on the definition of HCT/P’s. The reply briefs were submitted, per the judge’s order, on September 1st, as of which day the case was submitted and is now sub judice (legalese for pending decision by the court). One interesting note. Of course, the Government submitted to…

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The Texas Abortion Law Mess

The Texas Abortion Law Mess

The right-wing wingnuts running Texas have finally figured out how to practically nullify Roe v. Wade. Many fear that other states will follow the Texas legal template of insulating the Texas government’s actions by deputizing the nationwide anti-abortion activists to enforce the new restrictions. It’s a good tactic, what I would call the swarm. If a majority of the members of the Supreme Court were institutionalists, rather than agenda-driven political hacks in black robes, the Supremes would have stopped it…

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Some Really Good News on the Religious Exemption Front

Some Really Good News on the Religious Exemption Front

After yesterday’s tough news about the denial of Ken Stoller’s writ, I thought I’d share some promising news that just came across my computer. A Michigan federal just has just issued a TRO barring a University from stopping four female athletes from participating in collegiate sports after the University denied their religious exemption requests. The school had denied the requests essentially because of the dangers of the Delta variant and that it couldn’t take the chance to let the unvaccinated…

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Ken Stoller’s Appeal/Writ DENIED!

Ken Stoller’s Appeal/Writ DENIED!

I just received a copy of the judge’s decision. Our writ/appeal was denied. The judge rejected all our arguments, like he did when the case was presented to him at the initial hearing back in March. He seemed to have forgotten or changed his mind about the issues and questions he had about the Board’s order at the second hearing in late July. I have no real insights as to what happened, other than the obvious that we’re going through…

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Still No Word on Ken Stoller’s Appeal/Writ of Administrative Mandate

Still No Word on Ken Stoller’s Appeal/Writ of Administrative Mandate

I have been receiving requests for the status of Ken Stoller’s appeal (writ) in his licensing case. Nothing to report as of the close of business Monday, August 30, 2021. It has been five weeks since the hearing, but this is a complicated case with competing interests. These writ cases which review medical board decisions often take a month or two to be decided. And it is the summer, and even (or especially) judges and their staff deserve a summer…

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Status of the UC COVID Vaccine Mandate Cases

Status of the UC COVID Vaccine Mandate Cases

There might be some misinformation circulating about the status of the injunction actions against the UC COVID vaccine mandates. I am not involved in either of the two cases against the UC of which I am aware, but for what it’s worth, here is what I know and what I think. 1. The Frontline Doctors lawsuit: There is no injunction against the UC in this case. Per previous posts, the motion for preliminary injunction was denied. That denial was affirmed…

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Update On the UC COVID Mandate Challenge filed by Frontier Doctors

Update On the UC COVID Mandate Challenge filed by Frontier Doctors

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

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?

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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