Browsed by
Category: Vaccination Issues

The Oral Argument in the We The People Health Care Workers Case is over; decision pending

The Oral Argument in the We The People Health Care Workers Case is over; decision pending

Comments 0 Comment

The oral argument in the stay of the New York State regulation mandating Covid vaccination (with no religious exemptions) has just finished. The judges took the case under submission, meaning they will issue a decision sometime in the very near future. (I am thinking by the close of business today, or tomorrow at the latest). I learned a couple of new things: First, there are currently three TROs barring enforcement of the regulation, the Northern District federal case as well…

Read More Read More

So What Case is going to be heard at the Second Circuit Tomorrow?

So What Case is going to be heard at the Second Circuit Tomorrow?

Comments 6 comments

So here’s the deal. We the Patriots as plaintiffs filed two lawsuits in Brooklyn federal court recently. The teachers’ lawsuit challenged the NYC vaccine mandate. The other suit by the group and some health care workers challenged the state vaccine mandate for state health care workers. Here is the complaint in that health care workers’case. show_multidocs(3) The district court denied injunctions in both cases. A circuit court judge on Friday granted a stay or administrative injunction in both cases so…

Read More Read More

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)

Comments 3 comments

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…

Read More Read More

Some Really Good News on the Religious Exemption Front

Some Really Good News on the Religious Exemption Front

Comments 21 comments

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…

Read More Read More

Ken Stoller’s Appeal/Writ DENIED!

Ken Stoller’s Appeal/Writ DENIED!

Comments 11 comments

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…

Read More Read More

Status of the UC COVID Vaccine Mandate Cases

Status of the UC COVID Vaccine Mandate Cases

Comments 3 comments

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…

Read More Read More

Update On the UC COVID Mandate Challenge filed by Frontier Doctors

Update On the UC COVID Mandate Challenge filed by Frontier Doctors

Comments 12 comments

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…

Read More Read More

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

Comments 12 comments

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…

Read More Read More

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?

Comments 4 comments

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…

Read More Read More

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

Comments 18 comments

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…

Read More Read More