Antonin Scalia Law School professor Todd Zywicki, 55, calls the Virginia universitys requirements unconstitutional and says he shouldnt have to get jabbed after She mentions GMU's position but not the current scientific understanding. A person may freely choose to accept medical risks for the benefit of others, as when one donates a kidney for transplant. Additionally, employees who do not disclose their vaccination status are not eligible for merit pay increases. No Worse. But there is no moral duty to do so, Kheriaty wrote in a Wall Street Journal editorial. It appears that the professor can, if he wishes, obtain an exemption. In August, Kheriarty sued the University of California Board of Regents and Michael V. Drake, the systems president, alleging he should be exempt from the universitys vaccine mandate because he has a natural immunity to COVID-19 after being exposed to the virus. 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.". Market data provided by Factset. New Delhi: A law professor sued George Mason University after the varsity asked unvaccinated employees to return back to work wearing masks and submit to COVID-19 testing. This is relevant because schools, public and private, are implementing similar measures: mandating vaccines while turning a blind eye to natural immunity. "When people see that public health officials are systematically ignoring important findings or important issues, it has the opposite effect of what the public health officials want. Ah. George Mason University granted a medical exemption, Eliminating Property Rights Destroys Social Order, What Are We For? Absolutely no.[2]. GMU is one of many large Virginia universities with this requirement, including James Madison University, Virginia Tech, University of Virginia, Virginia Commonwealth University and others around the commonwealth which are all requiring proof of vaccination for students, staff and faculty wishing to be present on campus. 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. 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 FAIRFAX, Va. A George Mason University professor is suing the school over its vaccination-for-all policy. Banzhaf, who has achieved success in public health litigation related to cigarettes, said in a statement that because the science is obviously unclear, its wise for the university and therefore judges to err on the side of caution, safety, and protection rather than risking the lives and health of others.. Students had the same requirement, with an Aug. 1 deadline. After speaking with an immunologist, Zywicki stated that he has a strong immunity to the virus after taking several antibody tests, thus supporting his statement that the vaccine is unnecessary for him. We've received your submission. Karen Sloan reports on law firms, law schools, and the business of law. According to the complaint, That is at odds with the Policys forcing Professor Zywicki to sustain significant injury to his career if he does not want to take the vaccine (in light of masking, frequent testing, social distancing, and looming disciplinary action).. But on Tuesday night, the president UCI administrators declined to speak about his firing, citing personnel matters., The doctor has said he is not opposed to the COVID-19 vaccine, but believes that mandates put those who decline a shot for religious, health or other personal reasons at a disadvantage. Lawyers would love to know when this is actually going to happen. Im pro let the person decide, Kheriarty told The Times in May. Kentucky Republican Sen. Rand Paul, who is also a physician, said earlier this year he will not get the vaccine as he has natural immunity from previously contracting the virus. The Constitution dooms DeSantis, but should Disney be pointing that out? A group of Rutgers students filed a lawsuit against the New Jersey universitys vaccine mandate on Monday. ] Washington v. Harper, 494 U.S. 210, 229 (1990).. His first count asserts that hes being forced to undergo unwanted medical care for which he cites the deep constitutional record in this space. "And they bypass the process of informed consent thats so central to good clinical medicine.". For these reasons and more, Zywicki asked the court to declare the policies unconstitutional and an injunction be issued. Two Escondido middle school teachers have sued their own school district and the California Board of Education over policies designed to ensure transgender students right to privacy. Joe Patriceis a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Winds SW at 10 to 15 mph. Our Standards: The Thomson Reuters Trust Principles. He alleges that as a public institution, GMU is obligated to follow the Constitution and its vaccine policy violates the 9th and 14th Amendments as well as the Supremacy Clause. Fox News did not immediately hear back from the University of California Health. To dispense with whatever minuscule doubt the reader may have, this is obviously a story about George Mason University Law School. His natural immunity, derived from a bout with the disease early last year, may in his case offer sufficient antibody protection. ", Man sentenced to life in prison for killing former boss in 2021, Rockville man sentenced to life in prison for killing former boss in 2021, 'There may be additional victims' | Teen facing charges in connection to several assaults in Arlington, Staying mostly cloudy and chilly again Tuesday, Live Updates | Tornado that hit Great Neck area of Virginia Beach was EF-3, NWS says, released by the Centers for Disease Control (CDC) on Aug. 6, Unvaccinated COVID survivors twice as likely to get reinfected, CDC study shows, Law professor sues over vaccination requirement, says he already had covid, doesn't need vaccine, No mask mandate for Fauquier schools, despite county's 'high' COVID transmission rate, DC government employees, DCPS teachers must be fully vaccinated by September 19, Bowser says, States don't know who is vaccinated when records don't cross state lines. Copyright 2023 The College Fix, all rights reserved. The fight over the official narrative regarding Covid-19 is still alive and well. or anything. Is there a reason why employers cant impose an entirely reasonable vaccine requirement upon employees? 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? A George Mason University Antonin Scalia Law School professor who sued school officials to partially block a university COVID-19 vaccine mandate dropped his Furthermore, the lawsuit would have served as an interesting test case for vaccine mandate-related litigation, which will become more prevalent as time goes on. PLEASE TURN OFF YOUR CAPS LOCK. Getting the vaccine is the best way to protect yourself and others around you, especially as the more contagious Delta variant spreads around the country., RELATED: Unvaccinated COVID survivors twice as likely to get reinfected, CDC study shows. However, he said he was met "mostly with radio silence" before he filed the lawsuit. 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. each comment to let us know of abusive posts. Dr. Todd Zywicki says he tested positive for COVID-19 in March Subscribe and get breaking news, commentary, and opinions on law firms, lawyers, law schools, lawsuits, judges, and more. Follow him onTwitterif youre interested in law, politics, and a healthy dose of college sports news. Zywicki appears to be the first faculty member at a U.S. university to sue over masking and social distancing requirements for the unvaccinated. This work is licensed under aCreative Commons Attribution 4.0 International License, except where copyright is otherwise reserved. He later describes wearing a mask as punitive because hes basically that wacko from the Trader Joes line with a law degree. If the school believes that the prevalence of antibodies is important in advancing its public health goals, then it ought to recognize that they are acquired by both vaccination and infection. At the end of the day, Zywickis only concern as far as doubling up his immunity with a vaccine is the possibility of side effects, as explained here: Put differently, as a matter of simple logic, one cannot be certain about the long-term effects of a vaccine that has existed only for approximately a year, and thus cannot have been studied over a substantial period of time. Regardless, the victory still serves as a sliver of hope that some universities will entertain reasonable arguments and that individuals can fight back with litigation. Students who dont comply will have their registration canceled and workers who dont will lose their jobs. The move is also mysterious, given the relevance of the matter. He claims he now has a natural immunity to the virus and several documented antibody tests that he believes will prove that claim. Exclusive news, data and analytics for financial market professionals, Law firms and corporate law departments find strategic partners in ALSPs, US regulation after SVBs collapse: What regulators can do and where Congress needs to act, Ransomware & crypto: The growing compliance challenge, Insights in Action: Corporate law departments find their outside firms innovation lagging, but there may be little incentive to change, Environmental groups sue U.S. over SpaceX launch license for Texas, One-third of US nurses plan to quit profession - report, ACLU sues Montana House Speaker for silencing transgender legislator, Exclusive: US government may delay decision on electric vehicles biofuel program. The nonprofit New Civil Liberties Alliance filed the complaint Tuesday on behalf of Antonin Scalia Law School Professor Todd Zywicki. Chance of rain 50%.. Notifications from this discussion will be disabled. I wonder if Washington had a carveout for anyone who had already survived a case of small pox? His lawsuit is joined by the New Civil Liberties Alliance, a non-profit law firm dedicated to advancing constitutional freedoms and founded by the prominent legal scholar Philip Hamburger. Mutual Fund and ETF data provided by Refinitiv Lipper. Whether that pans out or not, there doesnt appear to be much to suggest someone who already had a mild case would then have one of these deadly reactions due to the vaccine. "Now, nothing's perfect, obviously," Zywicki said in an interview with WUSA9. 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. But if first you dont succeed try and waste judicial resources again. It alleges that the public universitys vaccine policy violates Zywickis right to privacy and due process, among other claims. All faculty members are supposed to upload their proof of vaccination to the university system by Oct.1, Or have an approved medical or religious exemption." According to the court filing, The Supreme Court has recognized that the Ninth and Fourteenth Amendments protect an individuals right to privacy. Experts are still studying how long your immune system protects you from COVID-19 after you had it -- and they recommend that people who had COVID-19 and got better get the vaccine.. He said he filed for a medical exemption to the university's policy but he hasn't heard back. 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. Discipline includes potential firing and no chance at merit-based raises if teachers and other workers dont upload proof of the vaccination, the suit alleges. At the very least, the decision should be left to Professor Zywicki and his doctors without coercion applied by the University.. 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. In some of our larger classes, there are so many people in one room. Registration or use of this site constitutes acceptance of our Terms of Service and Privacy Policy. Like a lot of GMU Laws worldview, its not so much that Zywickis wrong as that hes an ASSoL as one might say. The plaintiff asserts that GMUs vaccine policy, in practice a mandate, and refusal to acknowledge the merits of natural immunity are problematic because they violate his right to refuse unnecessary healthcare. This is also a claim that this policy constitutes a due process violation. The suit asserts, In short, allocating burden of proof responsibility to those with natural immunity like Professor Zywicki, coupled with GMUs stacking the process with presumptions Plaintiff will show are scientifically unwarranted, contravene the Due Process Clause.. George Mason University has provided a medical exemption that allows a professor to go unvaccinated after he claimed the school's COVID-19 vaccine mandate 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.
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