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Category: Vaccination Issues

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

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

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

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

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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Major Update in Ken Stoller’s Medical Board Appeal, and it’s not half bad

Major Update in Ken Stoller’s Medical Board Appeal, and it’s not half bad

The judge did not issue a tentative decision in the case today because he wants an oral argument to discuss some issues. Here is what is on the judge’s mind in his own words: “Oral argument will be conducted remotely through the Zoom Application. The court clerk will provide counsel with the Zoom ID via email. **** At the time of hearing, counsel may address any issue raised in the legal briefs. In addition, counsel shall be prepared to address…

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Breaking News: Indiana Federal Court Denies Preliminary Injunction to Indiana University Students Seeking to Overturn the School’s COVID Mandate

Breaking News: Indiana Federal Court Denies Preliminary Injunction to Indiana University Students Seeking to Overturn the School’s COVID Mandate

An Indiana federal district court has just denied a preliminary injunction motion by students seeking to overturn Indiana University’s covert mandate. The decision is long and well reasoned. It also covers all the big points, including emergency use authorization. The plaintiffs tried to wrap themselves in recent Supreme Court precedent overturning religious restrictions in the Cuomo case, but the District Court did not buy it. Significantly, the District Court used a rational relationship test in its review of the IU…

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Update on the California Medical Board cases against physicians for writing SB 277 medical exemptions.

Update on the California Medical Board cases against physicians for writing SB 277 medical exemptions.

A lot is going on in this space and I will have some answers and timelines for a few of these cases, so let’s get to it. Ron Kennedy (not my client or case) As you know, Ron Kennedy’s license was put on probation with severe conditions a few months ago. I think many, most or all of the medical exemptions he wrote have been revoked because of the sanction order. Initially, he started to appeal the Board’s decision, but…

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So the UC covid vaccine mandate came out, now what? (revised)

So the UC covid vaccine mandate came out, now what? (revised)

Okay, the UC vaccine COVID mandate came out. One commenter put it succinctly: “get vaccinated, get an exemption , or get fired.” That says it all. Anyone who has been reading my posts knows that I been saying this for weeks and months, that the mandate is going to take effect under emergency use status. It just does not make any sense any other way, i.e. to wait until full approval/licensure. What is surprising to me is that there are…

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Two Weeks From the UC COVID Mandate Policy and confusion is still the clearest fact

Two Weeks From the UC COVID Mandate Policy and confusion is still the clearest fact

As anyone affiliated with the UC knows, the University announced that it will issue its final covid mandate policy on July 15th. Different segments of the community have received different communications depending on what school you are your children are affiliated with and whether you are a student or employee. I have received many requests for advice, but I tell everyone the same thing. First, I cannot give individual members of the UC advice or even those members who ask…

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A Detailed Summary of Kelly Sutton’s First Hearing Day (6/14/2021)

A Detailed Summary of Kelly Sutton’s First Hearing Day (6/14/2021)

For those of you who want a blow-by-blow of what happened at Kelly’s Sutton’s hearing, you’re in luck because Kelly took very detailed notes of the first two days of the hearing. (She testified on the third and final day and so didn’t take notes). I think we made some excellent and needed points, but judge for yourself. Tomorrow I will post her notes from the second day of the hearing which contains the testimony of our other two experts,…

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