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Governor Newsom’s COVID-19 emergency powers limited by California court

This article about a California court decision regarding Gov. Gavin Newsom’s COVID-19 emergency powers 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 November 2, 2020, Judge Sarah E. Heckman ruled that the Governor’s power under the California Emergency Services Act (CESA) only included the power to suspend statutes, not to change them via executive order. While the decision clearly limits the Governor’s power to act in an emergency and raises questions about the validity of some of the Governor’s COVID-19 orders, it does not affect his order about the election that was the basis for the lawsuit, nor would it, for example, overturn California’s face covering mandate and other restrictions not issued under CESA.

It is appropriate for the judiciary to address the constitutional limits on actions by the other branches, and it’s not a bad thing to limit the powers of the governor, even in an emergency. But the narrow construction of the Governor’s power to act in an emergency under the constitution is concerning. Continue reading “Governor Newsom’s COVID-19 emergency powers limited by California court”

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Californians support vaccine laws – new poll diminishes anti-vaxxer power

A new poll from the LA Times and conducted by the UC Berkeley Institute of Governmental Studies shows that Californians support vaccine laws. These laws mandate vaccines for students entering public or private schools while restricting the ability of some physicians to abuse the medical exemptions allowed in the original 2015 California bill, SB277.

During summer 2019, two new laws, SB276 and SB714, which restrict abuse of medical exemptions through a loophole in the original 2015 bill, were passed by the California legislature and signed into law by Governor Gavin Newsom.

According to the new laws, in 2020, the state will review medical exemptions by physicians who have written five or more medical waivers and at schools with a vaccination rate below 95%. In a compromise between the Governor and legislature, the new laws say that the state can only reject medical exemptions issued after 31 December 2019, unless that physician has been disciplined by the Medical Board of California. 

In addition, all medical exemptions written by these physicians who have been disciplined can be invalidated.

As expected, the anti-vaccine zealots showed their nasty side by pushing violence against Dr. Richard Pan, odd racist metaphors, and all-around weird behavior. Because of their loud voices, you’d think that they were the majority opinion. 

Apparently, they aren’t. Continue reading “Californians support vaccine laws – new poll diminishes anti-vaxxer power”

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Dangerous vaccine deniers – showing their true colors of hatred

dangerous vaccine deniers

Over the past week, I have observed how dangerous vaccine deniers have exhibited hatred to everyone and everything that supports vaccination. And despite their demented claims, it is settled science that vaccines are very safe and very effective.  

First, soon after California Governor Gavin Newsom signed two bills, SB276 and SB714 which were led by Dr. Richard Pan through the legislature, the anti-vaccine activists went off the proverbial deep-end. 

Then, Prof. Dorit Rubinstein Reiss wrote a heartfelt, logical, and thoughtful article about the death of Evee Gayle Clobes, probably as a result of improper co-sleeping arrangements, and not from vaccines, as the mother and anti-vaccine zealots claim. The personal attacks on Prof. Reiss were disgusting.

So, I wanted to speak about these two issues, because it shows that these dangerous vaccine deniers really don’t have any evidence supporting their beliefs. As a result, they have to resort to violence, either literal or metaphorical. Either way, they are deranged. Continue reading “Dangerous vaccine deniers – showing their true colors of hatred”

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California vaccine medical exemptions – SB276 and SB714 restricts abuse

California vaccine medical exemptions

On Monday, 9 September 2019, Governor Gavin Newsom signed into law SB276 and SB714 which restricts California vaccine medical exemptions. These laws were necessary to deal with the rampant abuse of SB277, the 2015 law that eliminated personal belief exemptions for vaccinations prior to children entering school.

A few children have legitimate reasons to be exempt from vaccines, so SB276 made sure that they could receive these exemptions from their physicians. Unfortunately, some anti-vaccine parents, showing no regard for the settled science of vaccine safety and efficacy, found loopholes around SB277. This drove down California’s vaccination rates with initial gains after the law was implemented in 2016.

These parents found unethical physicians who were willing to sign medical exemptions without the physician actually meeting the child in person, generally for an exorbitant fee. The sponsor of both bills, Senator Richard Pan, MD, observed this abuse and pushed forward SB276 to curb the abuse of California vaccine medical exemptions. Continue reading “California vaccine medical exemptions – SB276 and SB714 restricts abuse”

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California SB276 – legislation to limit vaccine medical exemptions – UPDATED

sb276

On 20 June 2019, after a long day of testimony on California SB276 from both sides of the mandatory vaccine issue, the assembly health committee voted 9 in favor, 2 against, and 2 abstaining to move forward with the bill which can prevent fake medical exemptions.

This post will describe the amended bill and then shortly address today’s events. Continue reading “California SB276 – legislation to limit vaccine medical exemptions – UPDATED”

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California legislature advanced SB276 – tightening vaccine exemption

The California legislature advanced SB276, sending it to Governor Gavin Newsom for his signature. SB276 would crackdown on unethical medical exemptions for vaccines, which the anti-vaccine religion has abused in response to SB277, a 2015 law that eliminated personal belief exemptions to vaccination for children entering school.

On 3 September 2019, the bill passed by an overwhelming 47-17 vote in the strongly Democratic-controlled Assembly. It was sent to the California Senate, which previously passed the bill but the Assembly added amendments that required a revote. On 4 September, the California Senate approved the bill by another overwhelming 28-11 vote. 

Like with SB277, Senator Dr. Richard Pan, MD led the effort to get the California legislature to pass SB276. 

In response to the vote, the anti-vaccine nutjobs utilized their predictable litany pseudoscientific and illogical rhetoric making all kinds of laughable claims. Along with a few hate-filled violent metaphors, of course.

Let’s take a look at the bill and some other updates to the political machinations surrounding it. Continue reading “California legislature advanced SB276 – tightening vaccine exemption”