Courts recently have tossed lawsuits challenging expired COVID-19 rules. A panel on the 9th Circuit Court of Appeals restored a case against the Los Angeles Unified School District, allowing employees to sue to prevent future vaccine mandates.
The 9th Circuit Court of Appeals is allowing a group of Los Angeles Unified School District employees to sue over an expired COVID-19 vaccine mandate. Here, LAUSD Board Member Tanya Ortiz Franklin helps students on the first day back at school for LAUSD students following the COVID-19 remote school period in Los Angeles on Aug. 16, 2021.LAist is facing a budget shortfall, but our mission to provide fact-based journalism is stronger than ever.
In a concurring opinion, Judge Daniel Collins invoked Supreme Court precedent that “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.” “But when the hysteria was going on, that’s exactly what pharmaceutical companies and others said,” Howard said. “It was false.”
“Judges applying this test are supposed to be highly deferential to the government’s rationale and scientific findings,” Wiley said. “It’s also notable that the judges in the majority went out of their way to reach the merits of the plaintiffs’ claim.”
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