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The law school that prides itself on the tirelessly academic study of Americas most sacred legal document (Atlas Shrugged) is now in the midst of a legal battle over whether or not an educational institution can mandate vaccines for staff. Zywicki could not be reached for comment. No. Ethan Yang is an Adjunct Research Fellow at AIER as well as the host of the AIER Authors Corner Podcast. 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. Why is Frank McCourt really pushing it? A $300-million (minimum) gondola to Dodger Stadium? Chance of rain 50%. 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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. 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 RELATED: Law professor sues over vaccination requirement, says he already had covid, doesn't need vaccine. The plaintiff, Professor Todd Zywicki, claimed that his naturally acquired immunity should have satisfied the schools safety concerns regarding Covid-19. Mr. Biden told would-be litigants against his vaccine plan to have at it after he announced it in September. Fox News Flash top headlines for September 9. She graduated from UC Berkeleys Graduate School of Journalism in 2018 and is currently pursuing her master of social work. Biden ends COVID vaccine mandates for feds, international flyers, Texas AGs COVID-19 vax investigation could stick it to Big Pharma execs, Arguing COVID came from China could land you on Minnesotas government bias registry, according to new bill, Fauci absolves himself of responsibility for COVID lockdowns: Show me a school that I shut down. The Unconstitutional Conditions Doctrine prohibits the government from imposing coercive incentives against exercising a constitutionally protected right. How does the reliability of natural immunity affect the constitutionality of policies that fail to recognize it? 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.. This field is for validation purposes and should be left unchanged. This story has been shared 399,389 times. Zywicki appears to be the first faculty member at a U.S. university to sue over masking and social distancing requirements for the unvaccinated. The Constitution dooms DeSantis, but should Disney be pointing that out? Law professor with COVID antibodies sues GMU over vaccine Your commute. Oh. vaccine policies have triggered lawsuits and 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. Dr. Todd Zywicki says he tested positive for COVID-19 in March The state can prevent mentally incapacitated individuals from life terminating treatments check and citations! Article. Be Truthful. He has also held research positions at the Cato Institute, the Connecticut State Senate, Cause of Action Instituteand other organizations. 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).. 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.. 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. Law prof who had COVID-19 sues over university's mask - Reuters "But what the evidence shows is that those who have been infected and recovered from COVID have immunity protection that's comparable to that provided by the highest quality vaccines in the range of 90 to 95%.". 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. His first count asserts that hes being forced to undergo unwanted medical care for which he cites the deep constitutional record in this space. Does Your Law School Have Bragging Rights? 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." For example, in Speiser v. Randall, 357 U.S. 513 (1958). He also argued Zywicki has a plausible workaround. Thats exactly what George Mason University learned recently when it imposed a school-wide vaccine mandate for students, faculty, and staff. Zywicki (pictured) requested a medical exemption based on his natural immunity and his doctors statement that vaccinating him would violate the principle of medical necessity, Younes told The Fix. sued over ] Washington v. Harper, 494 U.S. 210, 229 (1990). 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. NCLA released the following statement on the matter: NCLA is pleased that GMU granted Professor Zywickis medical exemption, which we believe it only did because he filed this lawsuit. Having to get a vaccination after having had the virus could be dangerous, the lawsuit claims, and the school shouldnt be able to require vaccines that have yet to receive full FDA approval. The EUA is a congressionally authorized expedited approval mechanism for medical countermeasures. Covid-19 vaccines are authorized by the EUA, which subjects recipients to informed consent. The significance of this case cannot be overstated with vaccine mandates and passports being considered and implemented across the country. 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. For these reasons and more, Zywicki asked the court to declare the policies unconstitutional and an injunction be issued. 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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. Dr. Todd Zywicki says he tested positive for COVID-19 in March 2020. One does not need a background in law to understand that the pandemic has sent the country into another constitutional inflection point. How you can get through current challenges while advancing long-term goals. ASSLaw, COVID-19, George Mason University School of Law, Law Schools. Rutgers students sue university over COVID-19 vaccine For example, he can simply work and teach from home, Banzhaf said. that is degrading to another person. GMU Law Professor Drops Suit Challenging Vaccine-Mandate The 9th Amendment protects unenumerated rights, which are those that are not explicitly stated in the Constitution. 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. She mentions GMU's position but not the current scientific understanding. Get all the stories you need-to-know from the most powerful name in news delivered first thing every morning to your inbox. Four teams of lawyers, and this is the best they came up with? Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. We've received your submission. Abuse victims of doctor sue University of Michigan over public 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. 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 Kheriaty, however, argued that health officials are helping facilitate vaccine hesitancy because they are not transparent about the effectiveness of natural immunity. Sadly, it's seemingly intelligent, well-meaning, yet ideologically misguided people like this who are prolonging the pandemic for all of us. sues Imagine The Worst Place To Launch A Rocket. A spokesperson for the university didnt respond to a request for comment from The Post on Wednesday. As we learned in the Indiana case, no. Zywicki and the New Civil Liberties Alliances lawsuit against the university is currently ongoing and remains an active court case. The university, however, says everyone needs proof of vaccination or must continue wearing masks and distancing. ', https://t.co/BLSXLJtQGjLast night I, along with my incredible colleagues @NCLAlegal, filed a lawsuit in fed court in VA against GMU on behalf of @ToddZywicki, arguing that he should not be subject to the vaccine mandate b/c he has natural immunity. GMUs penalties are therefore an impairment of Professor Zywickis right to refuse medical care. Additionally, employees who do not disclose their vaccination status are not eligible for merit pay increases. Furthermore, the parties resolved the case without a trial, which means that pressing legal questions never stood the test of litigation. Notifications can be turned off anytime in the browser settings. It is less appreciated in legal circles that, to prevail, unconstitutional conditions claims do not need to establish that a challenged government policy amounts to coercion. University of California professor Aaron Kheriaty is suing the schools president and Board of Regents over a COVID-19 vaccine mandate, saying people with natural Our Standards: The Thomson Reuters Trust Principles. 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. The New Civil Liberties Alliance issued a press release about the case saying Professor Zywicki has recovered from Covid-19 and thereby acquired robust natural immunity, as confirmed in multiple positive SARS-CoV-2 antibody tests during the past year. 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. See our privacy policy. Weighing in on the lawsuit, George Washington University law Professor John Banzhaf said he believes Zywicki faces an uphill battle in court. The lawsuit also comes with the backdrop of a similar Indiana University vaccine case that advanced to the Supreme Court, only to be denied a hearing without comment. However, he said he was met "mostly with radio silence" before he filed the lawsuit. I did get COVID and now my college wants to make me get vaccinated in order to do my job and the evidence is clear on this, which is that natural immunity is at least as, if not better, protection against COVID infection than any of the vaccines that are on the market, Zywicki told FOXNews. He is currently pursuing a JD from the Antonin Scalia Law School at George Mason University. See here for a complete list of exchanges and delays. 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Professor Zywickis immunologist, Dr. Hooman Noorchashm, has advised him that, based on his personal health and immunity status, it is medically unnecessary to get a Covid-19 vaccineand that it violates medical ethics to order unnecessary procedures.. The plaintiff is Todd Zywicki, the George Mason University Foundation Professor of Law, who has as impressive of a resume as anyone can imagine. Common sense and medical science should underpin GMUs actions, alliance attorney Harriet Hageman said in a statement. Be Nice. ' Masterful mental gymnastics. If you have had COVID-19 before, please still get vaccinated, said CDC Director Dr. Rochelle Walensky. 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. "Based on this information and guidance, we believe that the steps we are taking will best protect the health and safety of the Mason community and allow the Mason community to engage in a vibrant in-person campus experience. 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.. The organization largely campaigns against the use of certain vaccines, Planning To Pay Off That Debt Once You Graduate? UC Irvine has suspended the professor who filed a lawsuit against its COVID vaccine mandate. On August 17, 2021, George Mason University granted a medical exemption to a law professor who sued after the school issued its vaccine requirement to work and live on campus. Someday, Do not sell or share my personal information. : See which schools send their students to make the big bucks. 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