After an appeals court ruled in favor of Los Angeles school employees who opposed COVID-19 vaccination mandates, indepen
Independent presidential candidate Robert F. Kennedy Jr. speaks during the Libertarian National Convention at the Washington Hilton in Washington, May 24, 2024. The 9th Circuit Court of Appeals overturned a lower court’s dismissal of a lawsuit challenging the constitutionality of a school district’s policy that required staff vaccination against COVID-19.
"The court did not rule on the legitimacy or accuracy of the plaintiffs’ factual allegations about the vaccines, such as their claims that the vaccines do not prevent transmission," said Stacey B. Lee, a law and ethics professor at the Johns Hopkins Carey Business School. "We vacate the district court’s order dismissing this claim and remand for further proceedings under the correct legal standard," Judge Ryan NelsonVaccine mandate-opposed employees and the Health Freedom Defense Fund argued in their lawsuit that the policy violated their right to refuse medical treatment. The U.S.
The appeals court ruled that the Jacobson standard would not apply if the plaintiffs’ anti-vaccine arguments were factually true — something the court noted had not been fully examined or factually established at this stage of the court proceedings. The 9th Circuit Court of Appeals ruled 2-1 to vacate a lower court’s dismissal of the vaccine mandate lawsuit; it did not rule on whether a vaccine mandate is constitutional.Email interview with Stacey B. Lee, a lawyer and professor of practice at the Johns Hopkins Carey Business School, June 14, 2024
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