The U.S. 9th Circuit Court of Appeals, the largest court of appeals in the country, and one which is often accused of being the most liberal court in the U.S., upheld a lawsuit against the Los Angeles Unified School District (LAUSD) that may have serious implications for other organizations that imposed vaccine mandate.
“The Ninth Circuit ruling today demonstrates that the court saw through LAUSD’s monkey business, and in so doing, it made clear that American’s cherished rights to self-determination, including the sacred right of bodily autonomy in matters of health, are not negotiable. This is a great triumph for the truth, decency, and what is right,” said Health Freedom Defense Fund HFDS president Leslie Manookian.
Manookian’s group brought the lawsuit on behalf of plaintiffs who claimed that they were harmed by COVID-19 vaccine mandate policies.
The ruling, which was issued on Friday, may have ripple effects for other lawsuits that have been filed over the imposition of medical mandates by employers.
LAUSD had maintained its COVID vaccine requirements for employees until the oral arguments were held in its district court defense in September 2023.
“Plaintiffs allege that the vaccine does not effectively prevent spread but only mitigates symptoms for the recipient and therefore is akin to a medical treatment, not a “traditional” vaccine. Taking plaintiffs’ allegations as true at this stage of litigation, plaintiffs plausibly alleged that the COVID-19 vaccine does not effectively “prevent the spread” of COVID-19,” said Judge Ryan Nelson in the majority opinion.
The 9th Circuit ruling stated that the mRNA COVID injections cannot accurately be regarded as traditional vaccines, because they do not prevent transmission of the virus.
The lawsuit was brought against the LAUSD by the HFDS, a 501(c)3 non-profit which is dedicated to furthering “bodily autonomy” and promoting the idea that no authority can force someone to put something into his body against his will.
Initially, the lawsuit was dismissed in the district, but the 9th Circuit Court vacated the lower Central District of California in Los Angeles court’s decision, and upheld the lawsuit.
The defense relied heavily on a 1905 decision in the Jacobson v. Massachusetts Supreme Court case.
That decision upheld vaccine mandates for smallpox because it found a rational relationship between the smallpox vaccine mandates and the prevention of further smallpox transmission.
The 9th Circuit court determined that the district court was incorrect in applying the Jacobson v. Massachusetts decision in the LAUSD case, because, unlike traditional vaccines, mRNA COVID shots do not prevent transmission of the virus, and only serve to mitigate symptoms in some cases.
Given that information, the court determined that, since the vaccine only provides protection for the one taking it, the LAUSD cannot require an employee to take the vaccine, as that would violate the fundamental right to refuse medical treatment.
“Pursuant to more recent Supreme Court authority, compulsory treatment for the health benefit of the person treated—as opposed to compulsory treatment for the health benefit of others—implicates the fundamental right to refuse medical treatment,” said Judge Daniel Collins, in concurrence.
Judge Michael Hawkins, the lone dissenting judge, argued that the case should be dismissed because the vaccine policy is not currently in place making the issue moot. But the majority opinion states that the lawsuit remains relevant because the LAUSD could conceivably reinstate the mandate.
The ruling did not address claims that the COVID shots have negative health effects, which can result in debilitating injuries or death.
A new study out of the Netherlands released last week found evidence indicating that the shots resulted in an increase in excessive deaths in western countries.
Any doctors, businesses, politicians or pharmacists apologize yet?
What about all those people who have been and are being denied organ transplants for not getting these clot shots?
Good luck getting compensation for dead loved ones.
My father was healthy all his life until his doc talked him into those shots.
Pneumonia and Myocarditis and dead in 6 months.
No autopsy so no compensation.
Oh boy! To all you medical people who were fired, the line starts here for the (figuratively) spanking of Mills. “When the governor screws you over what do you do? Call 2222222”
Good news, but you ain’t seen nuthin’ yet:
https://sashalatypova.substack.com/p/interview-with-johnny-vedmore-tnt?utm_source=%2Fsearch%2Fsashalatypova%25C2%25A0%25C2%25A0&utm_medium=reader2
These injections are treatments – not vaccines. Vaccines are expected to provide immunity rather than imperceptibly alter symptoms. My daughter’s 6 years of college (working toward NP), nursing degree, and 12 years of nursing work experience is no longer available for Maine’s aging citizenry. She left the field rather than take the shot. She’ll never go back.
Medical staff that signed on to Covid-19 mandates and measures (all of them left employed now) had their medical/patient ethics tested and failed. Thanks, Janet!
I am an RN and refused to take it (I am still working), and I REFUSED TO recommended it to anyone. I am sorry to anyone who took it and was injured.
My previously accepted religious exemption for flu was discarded by my employer-I know they changed state law(constitutional?)(another story). I received daily pressure to submit to the COV jab, would politely listen and go back to work. I did not want to leave my position, however when told I would be suspended without pay, insurance, benefits until I agreed to the shot, I gave the maximum possible notice in order to find placements for my patients. I wanted my job. I did not engage in discussion with admin about it. I just left, noticing the dirty looks from some of the docs. Shunned by admin & colleagues. I noted a number of my patients succumb to this, colleagues with brand new symptoms…so wrong.
Wonder how many docs had to really take the shot or were allowed to pretend. Nurses were not as valuable-lower on the food chain. And whose sister is in charge of that system?
So when you hear there is a staffing shortage, or the hospital is “full” – it can mean they couldn’t find enough of the $5K per week travel nurses to hold beds open. We worked for so little by comparison. Now there is pressure on the schools to just push people through trainings, competent or not.
Several weeks ago (April) I called “the big Hospital” to ask if they would accept an employee without the COV shot and was told no, a Covid shot was required – I didnt ask how many, just gave up again. I have 20 years experience. I want to work, but it seems God is asking me to follow another path.
Lots of good people in our facility faced the shot or would lose homes, financial hardship.
I took the hardship and thank God every day. It was the only decision for me. Blessings to all, especially patients.