The plaintiff, Professor Todd Zywicki, claimed that his naturally acquired immunity should have satisfied the schools safety concerns regarding Covid-19. The school granted the medical exemption before the matter went to trial. Please join the conversation about our stories on Facebook, Twitter, Instagram, Reddit, MeWe, Rumble, Parler, Gab, Minds, Gettr and Telegram. [1] Antonin Scalia School of Law sometimes also denoted as ASSoL. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Law professor with COVID antibodies sues GMU over vaccine mandate. But the vaccine isnt going to wipe that out. PLEASE TURN OFF YOUR CAPS LOCK. It is extended to faculty and staff for COVID-19 because the extraordinary nature of the pandemic demands it, Washington said. FAIRFAX, Va. A George Mason University professor is suing the school over its vaccination-for-all policy. The burden of proof is on the school to show that Zywickis naturally acquired immunity is in fact inferior to the vaccines accepted by its policy, and noncompliance poses a threat to public safety. GMU Law Professor Drops Suit Challenging Vaccine-Mandate Chance of rain 50%.. 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. He has also held research positions at the Cato Institute, the Connecticut State Senate, Cause of Action Instituteand other organizations. The lawsuit was filed after IU officials announced in May that the school would require its roughly 90,000 students and 40,000 employees on its seven campuses to receive COVID-19 vaccinations for the fall semester. Furthermore, established case law enshrines the right to bodily integrity. Students with approved medical or religious exemptions and students who are taking only online courses are excluded from this mandate. Circuit Court of Appeals upheld on Monday. Winds SW at 10 to 15 mph. Sadly, it's seemingly intelligent, well-meaning, yet ideologically misguided people like this who are prolonging the pandemic for all of us. Is there a reason why employers cant impose an entirely reasonable vaccine requirement upon employees? This work is licensed under aCreative Commons Attribution 4.0 International License, except where copyright is otherwise reserved. Dr. Aaron Kheriaty, a professor of As a result, it did not create a binding legal precedent. Reach her at [email protected]. Professor Zywicki and NCLAs victory is certainly a welcome one. Explore new data on how modern law firms are managing their work. A spokesperson for the university didnt respond to a request for comment from The Post on Wednesday. Zywicki names the president of the school and numerous other officers as the defendants in his suit Zywicki v Washington. Four teams of lawyers, and this is the best they came up with? DR. MARC SIEGEL: I HAD MEASLES AND DON'T NEED A VACCINE TO PROTECT ME. Todd Zywicki has already contracted COVID and recovered, which he reasons should exempt him from any vaccination requirement. Psychiatry professor at UC Irvine sues over colleges vax mandate saying previous COVID infection means hes immune A professor in California is suing the Zywickis complaint says he applied for an exemption to the policy on medical grounds but was denied because the university does not accept that people with COVID-19 antibodies should be treated on par with vaccinated individuals. [2] For a rundown of more reasons hes going to lose, check out this law professors take. ] Washington v. Harper, 494 U.S. 210, 229 (1990). Low around 45F. See our privacy policy. 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. Of course, there are rare side effects experienced by some whove gotten the vaccine. Be Truthful. A full body orgasm at the L.A. Phil? Tensions are growing at the University of Rochester over allegations of harassment by a prominent professor. In addition to Zywickis medical doctor advising the professor not to get the vaccine, he has obtained medical affidavits from Jay Bhattacharya of Stanford and Martin Kulldorff of Harvard, who agree Zywicki should be exempt. Furthermore, the suit made similar 14th Amendment claims to the GMU filing. 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. Furthermore, the parties resolved the case without a trial, which means that pressing legal questions never stood the test of litigation. However, a study released by the Centers for Disease Control (CDC) on Aug. 6 showed data indicating unvaccinated people who were previously infected with COVID-19 were more than twice as likely to be reinfected with the virus as those who were fully vaccinated after contracting the virus. They write that, Multiple extensive, peer-reviewed studies comparing natural and vaccine immunity have now been published. These studies overwhelmingly conclude that natural immunity provides equivalent or greater protection against severe infection than immunity generated by mRNA vaccines (Pfizer and Moderna).. "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. Zywicki and the New Civil Liberties Alliances lawsuit against the university is currently ongoing and remains an active court case. Zywicki said his decision to remain unvaccinated could result in him not being allowed to set foot on campus. 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. Not so much with the citations on this one. GMUs policy is Virginia state law and the Emergency Use Authorization (EUA) is federal law. "And they bypass the process of informed consent thats so central to good clinical medicine.". George Mason Universitys reopening policy for the fall 2021 semester allows administrators to strip employees who choose not to share their vaccination status of eligibility for future merit pay increases. Eliminating Property Rights Destroys Social Order, What Are We For? His first count asserts that hes being forced to undergo unwanted medical care for which he cites the deep constitutional record in this space. 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. You have permission to edit this article. But if first you dont succeed try and waste judicial resources again. "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. Ill stop you right there and aver that this 1958 case is going to be the only citation for this principle. Download our free Practice Management Buyers Guide here. Then theres a lot of bureaucratic jiggery-pokery about whether an Emergency Use Authorization prevents the school from having a policy because of the Supremacy Clause and 1983 claim to bring it all home. 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. One working theory is that those experiencing horrific side effects are also those who would have had catastrophically bad cases of COVID. I don't think I deserve to be handicapped on this completely arbitrary basis from delivering for my students the best education that they desire.". Zywicki said in the lawsuit that he has had multiple antibody tests and been advised by his doctor that hes built immunity. At the very least, the decision should be left to Professor Zywicki and his doctors without coercion applied by the University.. Rain showers this evening with overcast skies overnight. Find out here. 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. ", WATCH NEXT:Spotsylvania reverses course, issues mask mandate for public schools. 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. A group of former students filed a lawsuit alleging that the University of Michigan is illegally limiting their attempts to share accounts of the abuse perpetrated by A UC Irvine professor who claimed in a lawsuit to have a natural immunity to COVID-19 has been fired for refusing the vaccine. The university declined to comment on the specifics of Zywickis case. A group of Rutgers students filed a lawsuit against the New Jersey universitys vaccine mandate on Monday. Is Your Firm Keeping Pace With The Advancements In eDiscovery? Sign up for the Capitol Breach email newsletter, delivering the latest breaking news and a roundup of the investigation into the Capitol Riots on Jan. 6, 2021. Chance of rain 50%. He alleges that as a public institution, GMU is obligated to follow the Constitution and its vaccine policy violates the 9th and 14th Amendments as well as the Supremacy Clause. You've successfully subscribed to this newsletter! 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. 250 Division Street | PO Box 1000Great Barrington, MA 01230-1000, Press and other media outlets contact888-528-1216[emailprotected]. The University of California Office of the President on Thursday forwarded a Fox News request for comment on the matter to the University of California Health. 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. In addition, cities like New York implemented vaccine passport programs that arbitrarily target some establishments but not others, prompting new litigation on this front. Absolutely no.[2]. Get notified of new articles from Ethan Yang and AIER. On GMUs frequently asked questions page about vaccinations and the mandate, one of the questions is If I had COVID-19, do I still need to get vaccinated? with the answer on their website stating: Yes.

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