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Category: Vaccination Issues

All Eyes are on Tomorrow’s Second Circuit’s hearing in Maniscalco v. City of New York (Second Update)

All Eyes are on Tomorrow’s Second Circuit’s hearing in Maniscalco v. City of New York (Second Update)

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Tomorrow, Wednesday, September 29th, a three-judge panel of the Second Circuit Court of Appeals will hear arguments on continuing the stay of NY City’s vaccine mandate for school teachers and other school employees. To recap, the district court denied a preliminary injunction motion on 9/23, but a circuit judge issued a stay of the vaccine mandate the next day to allow a three-judge panel to consider the matter. So right now there is a stay of the mandate until the…

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Some Really Good News on the Religious Exemption Front

Some Really Good News on the Religious Exemption Front

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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!

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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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Status of the UC COVID Vaccine Mandate Cases

Status of the UC COVID Vaccine Mandate Cases

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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

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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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