A federal appeals court has upheld the dismissal of a lawsuit challenging the Los Angeles Unified School District’s (LAUSD) Covid-19 vaccine mandate for employees.
The case was brought in 2021 by the Health Freedom Defense Fund and California Educators for Medical Freedom on behalf of school employees. More than 1,000 employees lost their jobs after refusing Covid shots. Plaintiffs argued the mandate violated their right to refuse unwanted medical treatment, especially since the shots did not prevent transmission.
The US Court of Appeals for the 9th Circuit, in an 11-judge “en banc” decision, ruled that LAUSD had the authority to require Covid vaccination in 2021. At the time, public health authorities, including the CDC, were advising that the shots would protect public health.
Several judges dissented, warning the decision comes “perilously close” to allowing the government to mandate medical treatments “so long as it asserts — even if incorrectly — that it would promote public health and safety.”
The majority opinion relied on the 1905 Supreme Court case Jacobson v. Massachusetts, which upheld a smallpox vaccine mandate. The dissenting judges said Jacobson applies only to vaccines that stop disease transmission, which plaintiffs argued Covid shots do not do.
LAUSD ended its employee vaccine mandate in September 2023. However, plaintiffs say they still suffer harm, including lost wages and career damage, and warn the policy could return. They are considering an appeal to the US Supreme Court.
“This ruling should terrify every American because the court is essentially saying it doesn’t matter whether or not health authorities lie, it doesn’t matter whether or not vaccines actually have a public health impact. All that matters is that someone is afraid and tells you that this is the right way to address the problem, and then you have to comply.”
— Leslie Manookian, Health Freedom Defense Fund
Hellbound and Down 