Hospital COVID vaccine mandate – Texas Federal District court rejects challenge

Hospital COVID vaccine mandate

This article about a Texas Federal District Court that rejected a challenge to a hospital COVID vaccine mandate was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

On June 12, 2021 (yes, a Saturday), a Texas federal district judge dismissed a lawsuit brought by employees of the Houston Methodist Hospital against the hospital’s COVID vaccine mandate which required employees to be vaccinated unless they qualify for a medical or religious exemption.

I wrote about the lawsuit here. It is a badly argued lawsuit, with multiple extreme claims, and it does a bad job in setting out the one somewhat plausible argument it has, the argument that you cannot mandate a vaccine under an Emergency Use Authorization (EUA). 

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COVID vaccine mandate lawsuit filed in Texas by Methodist Hospital employees

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This article about the employee lawsuit against the Texas Methodist Hospital COVID vaccine mandate was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

In June 2021, employees of Methodist Hospital filed a lawsuit in a Texas court challenging the hospital’s decision to mandate the COVID-19 vaccine. Although the lawsuit does raise one issue of legal uncertainty – whether you can mandate a vaccine under an  Emergency Use Authorization (EUA) – its claim there is weak, and its other claims are a combination of incorrect factual claims and implausible legal claims.

The suit should have little chance of success – but because of the timing, this may be the first legal decision we have on the question of mandating EUA vaccines. The hospital’s mandate has a deadline of June 7, 2021. It seems like most of the plaintiffs – as far as I can tell from the complaint – have already been dismissed, so the deadline may not require fast handling, but the fact that there is a very near deadline may affect scheduling. 

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Control Group lawsuit – alternative facts and bad science about vaccines

Control Group lawsuit

This article about the Control Group lawsuit was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

Making its way through our court is a lawsuit against the President of the United States by a group that calls itself The Control Group. Our friend Orac already pointed out that the group’s claims are scientifically unsound. This post points out that the lawsuits are also legally unsound, in more ways than one. 

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Anti-vaccine Sharyl Attkisson threatens to sue Dr. Peter Hotez for defamation

anti-vaccine sharyl attkisson

This article about threats to sue Dr. Peter Hotez by anti-vaccine journalist Sharyl Attkisson was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

Litigation threats by anti-vaccine activists are not new, nor are they unusual. Recently, anti-vaccine journalist Sharyl Attkisson sent a litigation threat to Dr. Hotez, a threat she then published online. Her chances, if she actually sues, are slim, but that does not seem to be the point of such threats.

As best as I can tell, litigation threats by anti-vaccine activists serve two purposes, neither of which depending on the validity of the claims. First, towards the target of the threat, the threat can serve as a deterrent to engage with the anti-vaccine activist. Second, in relation to the anti-vaccine activist’s own followers the threats can both serve to create a narrative of victimhood (“I’m targeted by ‘them’), and second to present themselves to their followers as bravely fighting back against attacks.

This post will describe the events, then put them in the context of previous litigation threats by anti-vaccine activists and previous such behavior by Sharyl Attkisson, then make some suggestions to any reader targeted by similar threats. 

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COVID-19 vaccine parental consent – do teens need it before Pfizer vaccine?

COVID-19 vaccine parental consent

This article about COVID-19 vaccine parental consent was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

On May 10, 2021, the FDA authorized Pfizer’s mRNA vaccine against COVID-19 for emergency use in teens aged 12-15. Even before that, the vaccine was authorized in teens 16 and up. This raises a question that has been coming up occasionally – if teens in this age group want to get the COVID-19 vaccine, but their parents object, can they do it without parental consent? The short answer is that it depends. 

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Connecticut repeals vaccine religious exemption to school mandates

Connecticut repeals vaccine religious exemption

This article, the Connecticut legislature repeals the vaccine religious exemption for school mandates, was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

On April 27, 2021, the Connecticut legislature passed HB6423, a bill that repeals the religious exemption to Connecticut’s school vaccine mandate. Connecticut never had a personal belief exemption, so if the Governor signed it – and he indicated he will – the only exemption available in Connecticut will be a medical one. 

That said, as part of the compromises to pass the bill, children currently in school, from kindergarten on, were grandfathered – allowed to keep the exemption.

This post addresses, together, three things:

  • First, the process to pass a bill in most states is hard and arduous, and most bills fail. 
  • Second, the anti-vaccine movement fought aggressively against the bill, and the fight was national.
  • And third, what the bill does.
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Dr. Kenneth P Stoller requests stay of punishment for fake vaccine exemptions – judge says no

Kenneth P Stoller

This article about Dr. Kenneth P Stoller and his attempt to block the revocation of his California license was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

On March 17, 2021, a California superior court judge rejected a request from Dr. Kenneth P Stoller to stay the Medical Board of California’s decision to revoke his license for writing fake medical exemptions (the judge issued a corrected decision on March 19, but the essence was the same).

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Legal challenges to stricter school vaccine mandates rejected by NY court

school vaccine mandates

This article challenges to stricter school vaccine mandates was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

On December 3, 2019, Judge Denise Hartman, from the New York Supreme Court in Albany (see Note 1), rejected a claim challenging the removal of the religious exemption from school vaccine mandates.

Judge Hartman has previously, in a careful decision upheld on appeal, rejected plaintiffs’ request for a preliminary injunction on stricter school vaccine mandates. In this decision, she provided a well-reasoned, thoughtful analysis of the constitutional issues.

Judge Hartman found that the change in the law in New York was based on public health, not hostility to religion, and fits well within the extensive precedent upholding mandates without requiring a religious exemption.

This lawsuit was the strongest, best-argued challenge to the New York law on religious freedom grounds. Unless plaintiffs appeal, this is likely the end for any serious chance opponents had at overturning the law, and even on appeal, their chances are likely low.

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COVID-19 vaccine mandate challenge from a corrections officer

COVID-19 vaccine mandae

This article about a challenge to a COVID-19 vaccine mandate was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

In late February, a lawsuit challenging an employment mandate, that county officers in New Mexico receive a COVID-19 vaccine, was filed in a district federal court. Although there is some uncertainty on whether an Emergency Use Authorization (EUA) vaccine mandate is legal, this lawsuit is not well-founded, and the county’s response very well-argued. Hopefully, the court will reject this claim.

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Dr. Ken Stoller medical license revoked – baseless vaccine exemptions

ken stoller

This article about Dr. Ken Stoller was written by Dorit Rubinstein Reiss, Professor of Law at the University of California Hastings College of the Law (San Francisco, CA), who is a frequent contributor to this and many other blogs, providing in-depth, and intellectually stimulating, articles about vaccines, medical issues, social policy, and the law.

Professor Reiss writes extensively in law journals about the social and legal policies of vaccination. Additionally, Reiss is also a member of the Parent Advisory Board of Voices for Vaccines, a parent-led organization that supports and advocates for on-time vaccination and the reduction of vaccine-preventable disease. She is also a member of the Vaccines Working Group on Ethics and Policy.

On February 16, 2021, the Medical Board of California revoked the medical license of Dr. Ken Stoller because of his writing baseless medical exemptions from school vaccine requirements to ten children (and charging their parents hundreds of dollars for the privilege). The Board found multiple repeated acts that justified revoking the license permanently. Dr. Stoller’s lawyer announced that he intends to appeal the decision.

It is fair to describe Dr. Ken Stoller as anti-vaccine and to describe the exemptions in questions as baseless. The decision is justified and should be upheld. 

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