How you can get through current challenges while advancing long-term goals. The policy is also deficient of proportionality, as the school indicates no intention to assess the level of antibody level of its targets. Mutual Fund and ETF data provided by Refinitiv Lipper. If only George Mason Law really grasped the essence of the free market. Copyright 2023 The College Fix, all rights reserved. This story has been shared 399,389 times. Zywicki (pictured) requested a medical exemption based on his natural immunity and his doctors statement that vaccinating him would violate the principle of medical necessity, Younes told The Fix. The school granted the medical exemption before the matter went to trial. They write that, Multiple extensive, peer-reviewed studies comparing natural and vaccine immunity have now been published. By Scott Jaschik. A University of California professor is suing the school system's Board of Regents and president over a coronavirus vaccine mandate, which he argues he does not need because of his natural immunity against the virus. In short, theres no reason not to comply with a policy designed to prevent the further spread of the disease except he doesnt want to because FREEDOM!TM. WHAT IF I'VE HAD COVID? The organization largely campaigns against the use of certain vaccines, vaccine policies have triggered lawsuits and The fight over the official narrative regarding Covid-19 is still alive and well. GMU spokesperson Robin Parker told The College Fix on Wednesday the university has no comment on the ongoing litigation.. One working theory is that those experiencing horrific side effects are also those who would have had catastrophically bad cases of COVID. The school board voted 4-3 to approve mask-wearing for the 2021-2022 school year, after originally saying parents could opt their kids out. His lawsuit was led by the New Civil Liberties Alliance, with the lead counsel on the case being AIER Contributor Jenin Younes. The burden of proof is on the school to show that Zywickis naturally acquired immunity is in fact inferior to the vaccines accepted by its policy, and noncompliance poses a threat to public safety. The shorter version is These vaccines suck but thankfully Dear Leader Trump delivered them to us through a government spending program that were going to pretend didnt violate most every opinion my colleagues have ever expressed about the free market and government overreach. Ethan also serves as the director of the Mark Twain Center for the Study of Human Freedom at Trinity College and is also involved with Students for Liberty. This material may not be published, broadcast, rewritten, Zywicki and the New Civil Liberties Alliances lawsuit against the university is currently ongoing and remains an active court case. Irvine Suspends Prof Who Filed Lawsuit Over Vaccine Mandate IF YOU AREN'T VACCINATED AND HAVEN'T HAD COVID, YOU WILL GET DELTA VARIANT: BRETT GIROIR. Follow him onTwitterif youre interested in law, politics, and a healthy dose of college sports news. This study shows you are twice as likely to get infected again if you are unvaccinated. Aaron Kheriaty, Absolutely no.[2]. Market data provided by Factset. Winds SW at 10 to 15 mph. Get notified of new articles from Ethan Yang and AIER. Students had the same requirement, with an Aug. 1 deadline. Thats weird because this doesnt seem coercive at all especially with all the caveats. The Covid-19 vaccine is currently deployed under the Emergency Use Authorization and citizens are therefore entitled to be informed of their right to accept or refuse. DeSantis has appointed independent experts such as Stanford University professor Jay Bhattacharya to a new Public Health Integrity Committee to examine adverse events from mRNA vaccines. The schools acknowledgment of natural immunity is significant given the serial case of amnesia that seems to have overtaken the world on this basic point of biology. The lawsuit was filed after IU officials announced in May that the school would require its roughly 90,000 students and 40,000 employees on its seven campuses to receive COVID-19 vaccinations for the fall semester. Quotes displayed in real-time or delayed by at least 15 minutes. sued over Todd Zywicki has already contracted COVID and recovered, which he reasons should exempt him from any vaccination requirement. Updated: 3:18 PM EDT August 6, 2021 FAIRFAX, Va. A George Mason University professor is suing the school over its vaccination-for-all policy. Does Your Law School Have Bragging Rights? The university did not immediately respond to requests for comment Wednesday on Zywickis lawsuit. Imagine The Worst Place To Launch A Rocket. I don't think I deserve to be handicapped on this completely arbitrary basis from delivering for my students the best education that they desire.". Furthermore, the schools policy is a violation of due process as it is incongruent, disproportional, and inappropriately flips the burden of evidence onto the plaintiff. The lawsuit seeks a declaratory judgment that GMUs policy infringes on the professors constitutionally protected rights to protect his bodily integrity and to refuse unnecessary medical treatment.. Given this precedent, as well as the states police powers to suspend individual rights under compelling circumstances, how will this apply to Covid-19 in a low-risk environment such as a college campus? Psychiatry professor at UC Irvine sues over colleges vax mandate This material may not be published, broadcast, rewritten, or redistributed. Check out what's clicking on Foxnews.com. A California professor is suing his schools officials over a COVID-19 mandate, saying that he already contracted the virus and is naturally immune.. As we learned in the Indiana case, no. "We reason about risks this way all the time," he said. Thats exactly what George Mason University learned recently when it imposed a school-wide vaccine mandate for students, faculty, and staff. Additionally, employees who do not disclose their vaccination status are not eligible for merit pay increases. Research shows that coronavirus immunity wanes over time. But protecting liberty requires constant vigilance. Zywicki appears to be the first faculty member at a U.S. university to sue over masking and social distancing requirements for the unvaccinated. accounts, the history behind an article. Law prof who had COVID-19 sues over university's mask - Reuters Ah. Kheriaty, who serves as director of UCI's Medical Ethics Program and is a member of the UC Office of the President Critical Care Bioethics Working Group, said he contracted the virus in July 2020 and had raised concerns over the vaccine mandate to school leaders. One of Zywickis complaints which is filed in the lawsuit is about his loss of bodily choice in the matter. I wonder if Washington had a carveout for anyone who had already survived a case of small pox? The Supremacy Clause holds that federal law supersedes state law. All quotes delayed a minimum of 15 minutes. August 18, 2021 11:28:05 am. "Now, nothing's perfect, obviously," Zywicki said in an interview with WUSA9. Jikkyleaks on Twitter: "RT @KeithEv84928885: They understand sue Witnesses offer conflicting accounts, Mars Voltas lead singer broke with Scientology and reunited with the band. Please join the conversation about our stories on Facebook, Twitter, Instagram, Reddit, MeWe, Rumble, Parler, Gab, Minds, Gettr and Telegram. But, at the same time, the schools decision to grant a single medical exemption rather than revise its broader policy to recognize natural immunity is confusing and inconsistent. 250 Division Street | PO Box 1000Great Barrington, MA 01230-1000, Press and other media outlets contact888-528-1216[emailprotected]. Moderna is suing Pfizer and BioNTech, claiming that the companies COVID-19 vaccine infringes on Modernas patents. Furthermore, if the school recognized Zywickis natural immunity, why wont they do the same for the general population? To keep fit he swims and walks daily (swimming is confined to a pool since Hurricane Ian devastated the beach club) and travels as often as possible to NYC for Kheriaty said in his blog post that he was placed on unpaid leave in October because he did not comply with the UC systems vaccination mandate, which now requires students, faculty and staff to receive booster shots with few exceptions before they can step foot on campus. (George Mason Universitys) attempt to interfere with Professor Zywickis bodily autonomy, with no legitimate rationale for doing so, not only violates medical ethics, but also fundamental rights protected in the Ninth and Fourteenth Amendments to the United States Constitution, said New Civil Liberties Alliance litigation counsel Jenin Younes in a statement. Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. ] Washington v. Harper, 494 U.S. 210, 229 (1990).. Breaking Campus News. George Masons policy, which stops short of requiring all employees to be vaccinated in order to be on campus, says workers who do not disclose their vaccination status to the university may face disciplinary action including unpaid leave or possible loss of employment, according to the complaint. (Reuters) - A George Mason University law professor has sued the Virginia university's leadership in federal court over its reopening policy, alleging its requirement that unvaccinated employees wear masks on campus and submit to COVID-19 testing violates his constitutional rights. Reach her at karen.sloan@thomsonreuters.com. Joe Patriceis a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Chevron Is Heading Back To The Court. sues Women in STEM have an advantage over men in hiring decisions, researchers found, UC San Francisco study: Hormone therapy could mask prostate cancer risk in trans women, Boston College removes Instagram posts critical of its oil investments. His battles with the church arent over, How Palm Springs ran out Black and Latino families to build a fantasy for rich, white people, 17 SoCal hiking trails that are blooming with wildflowers (but probably not for long! This story has been shared 148,317 times. That places the school very much within the guidance of national public health officials and the consensus of medical professionals. Our Standards: The Thomson Reuters Trust Principles. It also found that vaccinated individuals are seven to 27 times more likely to have a symptomatic future infection than those who recovered from the virus. All rights reserved. This field is for validation purposes and should be left unchanged. See here for a complete list of exchanges and delays. The decisions the University has made have been guided by currently available medical and scientific information and the guidance issued by federal and state public health agencies," the university said in a statement. Jenin Younes, NCLA Litigation Counsel and lead counsel in Zywicki v. Washington, et al. Zywickis complaint says he applied for an exemption to the policy on medical grounds but was denied because the university does not accept that people with COVID-19 antibodies should be treated on par with vaccinated individuals. Martin Steinberg is a professor of medicine, pediatrics, pathology, and laboratory medicine at Boston University, and currently works remotely from his home in Naples, FL. Four teams of lawyers, and this is the best they came up with? Although this development is undoubtedly a tremendous victory for Zywicki and the fledgling NCLA, GMU did not revise its general policy on vaccines. However, the school still maintains the vaccination requirement for all other members of the GMU community, regardless of naturally acquired immunity. With the GMU case resolved without trial, many critical legal arguments went untested. For these reasons and more, Zywicki asked the court to declare the policies unconstitutional and an injunction be issued. (The Centers for Disease Control and Prevention recommends that even those who have contracted COVID-19 get vaccinated.). The EUA is a congressionally authorized expedited approval mechanism for medical countermeasures.
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