Federal Judge Rules Against Natural Immunity Claim Challenging COVID-19 Vaccine Mandate

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A federal judge on Oct. 8 denied a request to block Michigan State Universityโ€™s COVID-19 vaccine mandate on the basis of natural immunity.

An employee at the school, Jeanna Norris, filed a lawsuit against the mandate and asked a judge to intervene on the basis that she had already contracted COVID-19 and recovered. She presented two antibody tests showing her previous infection, and her doctors told her that she didnโ€™t need to get the vaccine at this time.

Despite her natural immunity, Norris faces termination from the university for not complying with the schoolโ€™s mandate that all students and staff get the shot unless they have a medical or religious exemption.

U.S. District Judge Paul Maloney, an appointee of former President George W. Bush, declined her lawsuit. The mandate, Maloney said, didnโ€™t violate her fundamental rights and pointed to a 1905 Supreme Court ruling.

โ€œThis Court must apply the law from the Supreme Court: Jacobson essentially applied rational basis review and found that the vaccine mandate was rational in โ€˜protect[ing] the public health and public safety,โ€™โ€ Maloney said in his order. โ€œThe Court cannot ignore this binding precedent.โ€

Some studies have shown that natural immunity afforded by a previous COVID-19 infection provides longer-lasting and stronger protection against the CCP (Chinese Communist Party) virus than the vaccines. An Israeli study published in August compared individuals who had a previous infection with those who received the Pfizerโ€“BioNTech vaccine and said their โ€œanalysis demonstrated that natural immunity affords longer-lasting and stronger protection against infection, symptomatic disease, and hospitalization due to the Delta variant.โ€

โ€œThis is the largest real-world observational study comparing natural immunity, gained through previous SARS-CoV-2 infection, to vaccine-induced immunity, afforded by the BNT162b2 mRNA vaccine,โ€ the study said.

Lawyers for Norris told The Washington Times that sheโ€™s considering legal alternatives.

โ€œMs. Norris courageously brought this lawsuit to vindicate the constitutional rights of individuals with naturally acquired immunity to COVID-19 who are subject to irrational vaccine mandates,โ€ Jenin Younes, a lawyer who works for the New Civil Liberties Alliance, who represents Norris, told the paper. โ€œWhile we are disappointed by todayโ€™s order, we are committed to fighting for the rights of COVID-recovered Americans to decline a medically unnecessary vaccine without having to sacrifice their livelihoods.โ€

It comes just days after a federal judge in California ruled against a professor who argued that his previous infection should make him exempt from the University of Californiaโ€™s vaccine requirement.

Michigan State officials didnโ€™t immediately respond to a request by The Epoch Times for comment.

By Jack Phillips

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