Federal Court Revives Lawsuit Against Los Angeles COVID-19 Vaccine Mandate

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Case hinges on effectiveness of the vaccines.

A federal appeals court has revived a lawsuit challenging the COVID-19 vaccine mandate imposed by the Los Angeles school district, noting that the record doesnโ€™t clearly show whether the vaccines prevent transmission of the illness.

The Health Freedom Defense Fund and other challengers to the mandate asserted that it violated the due process and equal protection rights of district employees, in part because the vaccines, unlike traditional vaccines, โ€œare not effectiveโ€ in preventing infection.

U.S. District Judge Dale Fischer disagreed, throwing out the case in 2022. She ruled that even if the COVID-19 vaccines donโ€™t prevent infection, mandates can be imposed under a 1905 U.S. Supreme Court ruling because the vaccines reduce symptoms and prevent severe disease and death.

A panel of the U.S. Court of Appeals for the Ninth Circuit on June 7 reversed that ruling, finding that Judge Fischer extended the 1905 Jacobson v. Massachusetts ruling โ€œbeyond its public health rationaleโ€”governmentโ€™s power to mandate prophylactic measures aimed at preventing the recipient from spreading disease to othersโ€”to also govern โ€˜forced medical treatmentโ€™ for the recipientโ€™s benefit.โ€

U.S. Circuit Judge Ryan Nelson, writing for the 2โ€“1 majority, added, โ€œAt this stage, we must accept plaintiffsโ€™ allegations that the vaccine does not prevent the spread of COVID-19 as true. And, because of this, Jacobson does not apply.โ€ That position was reached after lawyers for the defendants provided facts about the vaccines that โ€œdo not contradict plaintiffsโ€™ allegations.โ€

Lawyers for the district had pointed out that a U.S. Centers for Disease Control and Prevention publication describes the COVID-19 vaccines as โ€œsafe and effectiveโ€ although the publication doesnโ€™t detail effectiveness against transmission.

The majority also concluded that the case isnโ€™t moot even after the Los Angeles Unified School District (LAUSD) in 2023 rescinded the mandate.

Byย Zachary Stieber

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