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. California professor sues over vaccine mandate, says he has natural 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. 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. 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. Thats weird because this doesnt seem coercive at all especially with all the caveats. "I worry that the public health approach of not telling the whole truth as a way to try to get the behavioral outcomes that we want might have a few short-term gains, but will have a lot of really negative long-term consequences because of the erosion of public trust," Kheriaty said. Do Not Sell or Share My Personal Information. The complaint states, The Supreme Court has recognized that the Ninth and Fourteenth Amendments protect an individuals right to privacy. To dispense with whatever minuscule doubt the reader may have, this is obviously a story about George Mason University Law School. 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. The 9th Amendment protects unenumerated rights, which are those that are not explicitly stated in the Constitution. His natural immunity, derived from a bout with the disease early last year, may in his case offer sufficient antibody protection. How you can get through current challenges while advancing long-term goals. 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

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