The plaintiffs contend, Defendants cannot show that they have a compelling interest in coercing Professor Zywicki into taking a COVID-19 vaccine, because GMU has Mendenhall's firm is currently involved in several other COVID-19-related lawsuits, including one against the J.M. AIER covered the various arguments in the lawsuit on August 7th, which included a breach of due process rights, violation of the right to refuse unwanted medical treatment, and non-compliance with the Emergency Use Authorization. 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. Nevertheless, NCLA remains dismayed by GMUs refusalalong with many other public and private universities and other employersto recognize that the science establishes beyond any doubt that natural immunity is as robust or more so than vaccine immunity.. PLEASE TURN OFF YOUR CAPS LOCK. Mr. Biden told would-be litigants against his vaccine plan to have at it after he announced it in September. 2023 FOX News Network, LLC. Professor with naturally acquired COVID immunity battles GMU vaccine mandate, The Bidens want all books available to students, so I got the D.C. library to buy Tara Reades memoir, Mike Pence appearance at UNC causes some to leave campus: scared for their safety, Liberal feminism misunderstands women by ignoring sexual difference: panel at Harvard, Nearly 100 Harvard professors unite to protect thinkers, oddballs, and nonconformists, Feds award Penn $406,000 to study racial/ethnic health inequities from COVID, Powered by the Student Free Press Association. (Reuters) - A George Mason University law professor has sued the Virginia university's leadership in federal court over its reopening policy, alleging its requirement Common sense and medical science should underpin GMUs actions, alliance attorney Harriet Hageman said in a statement. In addition, cities like New York implemented vaccine passport programs that arbitrarily target some establishments but not others, prompting new litigation on this front. vaccine policies have triggered lawsuits and According to GMU, with the medical exemption, Prof. Zywicki may continue serving the GMU community, as he has for more than two decades, without receiving a medically unnecessary vaccine and without undue burden. Since then, and because of the federal governments Operation Warp Speed, three separate coronavirus vaccines have been developed and approved more swiftly than any other vaccine in our nations history. Black Penn State professor sues university for discrimination, hostile work environment based on race Black Penn State political science professor Errol A. Henderson filed a lawsuit against the university in U.S. Middle District Court on Wednes CDC announces reduction of masking guidelines for fully vaccinated people Legal Statement. University Launching Media Careers. 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. As it relates generally to the steps Mason is taking to protect its community against COVID-19, 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. Winds SW at 10 to 15 mph. sue sues University of California professor sues over vaccine mandate | The We will never sell or share your information without your consent. Because he tested positive for COVID-19 antibodies after a bout with the virus last year, there is no "compelling governmental interest in overriding Professor Zywickis personal autonomy and constitutional rights by forcing him, in essence, to either be vaccinated or to suffer adverse professional consequences," the complaint asserts. The program, which rebranded itself as ASSLaw[1] a few years ago continues to live up to its name. Planning To Pay Off That Debt Once You Graduate? Legal Statement. A George Mason University law professor with naturally acquired immunity from COVID has filed a lawsuit demanding an exemption from a policy that requires (The Centers for Disease Control and Prevention recommends that even those who have contracted COVID-19 get vaccinated.). 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. Other faculty members joined Kheriaty on the effectiveness of natural immunity in a legal brief and cited research showing that people who have previously contracted COVID-19 may experience worse side effects from the vaccine than those who never contracted the virus. Paul added in an op-ed that month: "To dictate that a person recovered from COVID-19 with natural immunity also submit to a vaccine without scientific evidence is nothing more than hubris. Newsom bolsters stock of coronavirus isolation rooms for OC frontline workers, Strategic Communications & Public Affairs, UCI biomedical engineer Kyriacos Athanasiou wins $6 million CIRM grant, UC Irvine to host Team Kids Innovative Thinkers Forum IV. This is something which most professors have been forced to do anyway for most of the last year, so it is clearly not an unprecedented or unreasonable requirement., MORE: Professor with naturally acquired COVID immunity battles GMU vaccine mandate, Like The College Fix on Facebook / Follow us on Twitter. "If my immunity is as good, indeed, very likely better, than that conferred by the vaccine, there doesnt seem to be any rational basis for discriminating against my form of immunity and requiring me to get a different form of immunity.". No racism, sexism or any sort of -ism In light of the robust immunity established by natural infection, the school cannot logically justify its penalties against those in the GMU community with naturally acquired immunity. The declaration, found in Exhibit A of the docket, also explains that the evidence to support mitigation measures such as vaccine mandates and passports is lacking. The group of 18 students is represented by Childrens Health Defense (CHD), an activist group founded by Robert F. Kennedy. 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. 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Imposing a constitutionally dubious vaccine policy at a public university that not only has some of the top classical liberal law professors in the country but is also intimately connected with a global network of freedom advocates is a recipe for a lawsuit. But the vaccine isnt going to wipe that out. It alleges that the public universitys vaccine policy violates Zywickis right to privacy and due process, among other claims. The fight over the official narrative regarding Covid-19 is still alive and well. 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. Then something changed, Most of Yosemite Valley is closed due to potentially perilous snowpack and flooding, She felt paralyzed: L.A. woman sues Big Surs Esalen Institute for alleged use of video with N-word in class, Dramatic video from rescue of driver who plunged more than 500 feet off Bay Area cliff, Mom influencer who said Latino couple tried to kidnap her kids convicted of false report, Cooler weather to bring rare May rain, snow into Southern California, Mass shooting leaves 3 women and 1 man dead in the Mojave desert. "Until they show me evidence that people who have already had the infection are dying in large numbers, or being hospitalized or getting very sick, I just made my own personal decision that Im not getting vaccinated because Ive already had the disease and I have natural immunity," Paul said in May. Ethan is currently based in Washington D.C and is a recipient of the 13th Annual International Vernon Smith Prize from the European Center of Austrian Economics Foundation. "Now, nothing's perfect, obviously," Zywicki said in an interview with WUSA9. Circuit Court of Appeals upheld on Monday. Please join the conversation about our stories on Facebook, Twitter, Instagram, Reddit, MeWe, Rumble, Parler, Gab, Minds, Gettr and Telegram. The exterior of the Houston Methodist Hospital is pictured on June 9, 2021 in Houston. But if youre wondering why GMUs reasonable caveat that the unvaccinated just continue wearing masks doesnt resolve literally every one of Zywickis complaints: Yet, if Professor Zywicki follows his doctors advice and elects not to take the vaccine, that will diminish his efficacy in performing his professional responsibilities by hamstringing him in various ways, such as requiring him to wear a mask that has no public health value given his naturally acquired immunity. "It became clear to me that if I, as a medical ethicist, didnt stand up and try to represent those voices, then those folks would be steamrolled by these policies," he said. Todd Zywicki claims he shouldn't be subject to a vaccination requirement because he has natural antibodies from the virus, Lawsuit calls George Mason University's policy an "unlawful mandate". We'd love to hear eyewitness "We reason about risks this way all the time," he said. Furthermore, the parties resolved the case without a trial, which means that pressing legal questions never stood the test of litigation. The Constitution dooms DeSantis, but should Disney be pointing that out? The lawsuit Zywicki and the New Civil Liberties Alliances lawsuit against the university is currently ongoing and remains an active court case. Get notified of new articles from Ethan Yang and AIER. The plaintiff, Professor Todd Zywicki, claimed that his naturally acquired immunity should have satisfied the schools safety concerns regarding Covid-19. In a statement posted to the schools website on July 22, university President Gregory Washington said the decision to mandate vaccinations was made in the face of the more contagious Delta variant. WHAT IF I'VE HAD COVID? : See which schools send their students to make the big bucks. Registration or use of this site constitutes acceptance of our Terms of Service and Privacy Policy. Indiana University's mandated vaccine survives 7th Circuit appeal, Returning to law school this fall? that is degrading to another person. Find out here. DR. MARC SIEGEL: I HAD MEASLES AND DON'T NEED A VACCINE TO PROTECT ME. Zywicki said in the lawsuit that he has had multiple antibody tests and been advised by his doctor that hes built immunity. 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. 2021 American Institute for Economic ResearchPrivacy Policy, AIER is a 501(c)(3) Nonprofit registered in the US under EIN: 04-2121305. If the state wishes to implement a coercive measure, the burden of evidence is on itself to prove that its policy is narrowly tailored to a compelling government interest. For these reasons and more, Zywicki asked the court to declare the policies unconstitutional and an injunction be issued. A Centers for Disease Control and Prevention study published last month also found that people with natural immunity were twice as likely to be reinfected with the virus than those with natural immunity who were also vaccinated. This work is licensed under aCreative Commons Attribution 4.0 International License, except where copyright is otherwise reserved. Fox News did not immediately hear back from the University of California Health. Im pro let the person decide, Kheriarty told The Times in May. The school recently announced all staff need to either show proof of vaccination or get a medical or religious exemption to work on campus in Fall 2021. He holds a BA in Political Science with a concentration in International Relations with minors in legal studies and formal organizations from Trinity College in Hartford Connecticut. A NEW STUDY SAYS NATURAL IMMUNITY MAY BE BETTER THAN VACCINES. Psychiatry professor at UC Irvine sues over colleges vax mandate saying previous COVID infection means hes immune A professor in California is suing the The article headline ought to be: GMU law professor bucks the science to make a name for himself. The professor claims his doctor has advised him that he has an elevated risk of side effects from the vaccines. However, before going into his criticisms, Zywicki is conscientious enough to resolve the logical gap facing conservatives everywhere in the second real sentence of the whole complaint. This is a copy-paste: Mason is not currently exempting individuals who previously had COVID-19 from the vaccination requirement as such an exemption is not consistent with the guidance issued by the CDC. I wonder if Washington had a carveout for anyone who had already survived a case of small pox? Your news. In an effort to pressure me to resign, they wanted to restrict my ability to earn an income not only at the university but outside the university as well, he said. ", WATCH NEXT:Spotsylvania reverses course, issues mask mandate for public schools. Texas AG Ken Paxtons COVID-19 vaccine investigation could stick Keith Evans on Twitter: "They understand 'the regulation of Antonin Scalia Law School professor Todd Zywicki, 55, calls the Virginia universitys requirements unconstitutional and says he shouldnt have to get jabbed after he had the coronavirus in March 2020, according to the federal lawsuit filed Wednesday by the nonprofit New Civil Liberties Alliance. WebRT @KeithEv84928885: They understand 'the regulation of bacterial gene expression' but cannot 'vouchsafe' the protein integrity of the mRNA Vxs, which even the manufacturers themselves fail to guarantee! Get notified of new articles from Ethan Yang and AIER. Chevron Is Heading Back To The Court. 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. 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? 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Psychiatry professor at UC Irvine sues over colleges vax mandate A study out of Israel published at the end of August shows that uninfected, vaccinated people are six to 13 times more likely to get an infection in the future compared to people who are unvaccinated and previously contracted the virus. Mutual Fund and ETF data provided by Refinitiv Lipper. A Challenge for Classical Liberals in the Academy, Creative Commons Attribution 4.0 International License. Is there any the free marketeers at GMU cant just and pursue their careers elsewhere if they dont like this policy? August 18, 2021 11:28:05 am. votes to approve mandatory coronavirus vaccines Sponsor the work of leading economists and academics as they advance the study of the economic principles that underwrite human prosperity and progress via AIER.org. 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. Share with Us. Eliminating Property Rights Destroys Social Order, What Are We For? 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. But, Zywickis personal immunologist doesnt think he should get it so therefore the whole medical establishment needs to reorient around him. Thats exactly what George Mason University learned recently when it imposed a school-wide vaccine mandate for students, faculty, and staff. In Texas, a judge recently sided with Houston Methodist Hospital's vaccine mandate for their employees and tossed out a lawsuit filed by 117 employees who were against getting the shot. 1/, Jenin Younes (Leftylockdownskeptic) (@Leftylockdowns1) August 4, 2021. Breaking Campus News. All rights reserved. Rain showers this evening with overcast skies overnight. Dr. Aaron Kheriaty is a professor of psychiatry and human behavior at UC Irvines medical school and director of the medical ethics program at UCI Health. "And in my view, that's not treating my students right, I want to do the best of my job for my students. Threats of harming another If you have no proof that people who acquired natural immunity are getting or transmitting the disease in real numbers, then perhaps you should just be quiet.". How does the reliability of natural immunity affect the constitutionality of policies that fail to recognize it? Kheriaty, however, argued that health officials are helping facilitate vaccine hesitancy because they are not transparent about the effectiveness of natural immunity. This is why we dont harvest organs without consent, even if doing so would save many lives. Both the CDC and NIH have determined that those that have recovered from Covid 19 have up to 8-months of "durable memories of the virus". racist or sexually-oriented language. And even if he thinks hes going to be fine, wearing a mask isnt going to hurt. The study is not yet peer-reviewed, but follows what other doctors and U.S. political leaders have said in recent months. However, he said he was met "mostly with radio silence" before he filed the lawsuit. Zywicki could not be reached for comment. Houston Methodist Hospital has suspended 178 employeeShow more --- He is currently pursuing a JD from the Antonin Scalia Law School at George Mason University. Joe Patriceis a senior editor at Above the Law and co-host of Thinking Like A Lawyer. He holds a BA in Political Science with a concentration in International Relations with minors in legal studies and formal organizations from Trinity College in Hartford Connecticut. It also threatens employees with disciplinary action that includes unpaid leave or possible loss of employment, the alliance argues. The whole section amounts to a repudiation of vaccine requirements of all kinds, because even though he contends that hes unique for having had the disease and not yet lost his antibodies, he also says its a constitutional violation to make someone prove that fact in order to get out of the policy meaning in the landscape hes seeking there just cant be vaccination rules for any vaccines at all. Yes, they would have and in fact did. GMU staff face disciplinary action if they dont get vaccinated or receive an exemption, according to the lawsuit. The lawsuit claims Zywicki's doctor advised that receiving the vaccine wouldn't give him any additional benefit due to the presence of antibodies and would expose Zywicki to a heightened risk for adverse side effects." Abuse victims of doctor sue University of Michigan over public With the GMU case resolved without trial, many critical legal arguments went untested. [2] For a rundown of more reasons hes going to lose, check out this law professors take. accounts, the history behind an article. Law School Professor Sues Over Vaccine Mandate, Because Of The university, however, says By imposing such impediments, the Policy prevents Professor Zywicki from carrying out his responsibilities as successfully as his vaccinated colleagues, jeopardizing his teaching evaluations, future student enrollment, opportunities for academic collaboration, reputational standing, pay raises, and other professional opportunities, the complaint reads. He also argued Zywicki has a plausible workaround. ] Washington v. Harper, 494 U.S. 210, 229 (1990). The claim that Cornell University professor Robert Oswald authored a statement that COVID-19 does not exist is FALSE on many counts, based on our research.