Yesterday, I did a post about possible legal and other challenges if there is a mask requirement for students when school reopens. My bottom line was that I didn’t think a legal challenge would be successful, and advised activism as the way to influence the decision-making process by county or state officials. I do not think it is realistic to try to force young children to wear a mask for the whole school day. (For what it’s worth, I think…
I answered that question a few times in other posts dealing with medical exemptions and their future viability in general. However, I figure it is time to do a post specifically on this question, so here goes: The Law (and the good news) There is nothing in current California law (and that would be SB 276/714) which states or implies that switching schools within a grade span causes an otherwise valid SB 277 grandfathered medical exemption to become invalid. The…
From New Jersey to California, there is talk from public health and school officials that if school reopens in the fall, students will be required to wear masks. Many parents do not like the idea of their kids wearing masks all day, for health reasons. The question is what can you do about? My short, (and probably not entirely satisfying) answer is that it’s about activism, because you should not expect any help from the courts on this issue. As…
Circulating on social media is a recently published draft task force report from the New York State Bar Association, Health Law section. Like social media is saying, these New York health lawyers are proposing a State bar position in favor of mandatory COVID-19 vaccinations, and specifically: “when the efficacy of a COVID-19 vaccine has been confirmed, enact legislation requiring vaccination of each person unless the person’s physician deems vaccination for his or her patient to be clinically inappropriate.” See page…
Short answer: not very. Longer and more nuanced answer: the decision sets no precedent, but it does reaffirm long-standing precedent back to our old friend (or enemy) Jacobson, that judges are reluctant to second-guess public health decisions made during public health crises by state and local officials, because it is their job to make such decisions and they are accountable to the public via elections. What did the Supreme Court do? Yesterday, May 29th, the Supreme Court denied a California…
Here is the latest onthe case and a couple other things going on in California on the medical exemption issue https://gogetfunding.com/blog-single-update/?blogpre=6408571&single=50914 Rick Jaffe, Esq.
The vaccine concerned and many others are worried about contact tracing, so for whatever it’s worth, here are some initial thoughts. First, let’s get on the same page. Last month, the CDC published information about it. Here it is: “Certain core principles of contact tracing must always be adhered to: • Contact tracing is part of the process of supporting patients with suspected or confirmed infection. • In contact tracing, public health staff work with a patient to help them…
Two significant things happened today. Alameda Country appeared to back down and allow Tesla to reopen its plant after Elon Musk threatened to move his business out of state. Good for him and good for Tesla. Hopefully it will all work out, worker health-wise. Second, the Wisconsin Supreme Court has just overturned the extension of the Governor’s stay-at-home order. I haven’t read the opinion yet, but it does cite (or a justice said) with disapproval, the U.S. Supreme Court’s Korematsu…
Maybe coming to your home soon! Here is what is going on: https://gogetfunding.com/blog-single-update/?blogpre=6408571&single=49782 Rick Jaffe, Esq.
I have been getting that question a lot lately. It is understandable with all that is going on. The answer is that I don’t know and I don’t think anyone can know for three reasons. First, Senator Pan had to give-up some important ground at the end of the last session, via SB 714 which watered down some of SB 276’s more onerous provisions. The biggest problem (from the regulators’ point of view) with the current SB276/714 law is that…