Vaccine Choice Victory: Ninth Circuit Rules Against LAUSD’s Employee Covid Vaccination Mandate

Texans for Vaccine Choice is thrilled to celebrate a landmark victory for vaccine choice and medical liberty! In a pivotal decision, the Ninth Circuit Court of Appeals has ruled in favor of the Health Freedom Defense Fund (HFDF), California Educators for Medical Freedom, and individual plaintiffs, overturning the Los Angeles Unified School District’s (LAUSD) Employee Covid Vaccination Mandate.

The Ninth Circuit reversed the Central District of California’s dismissal of the lawsuit, criticizing LAUSD for trying to avoid an adverse ruling by rescinding the mandate after an unfavorable oral argument. The court saw through this tactic, applying the voluntary cessation doctrine, and held LAUSD accountable.

The court’s ruling is particularly noteworthy because it addresses the misapplication of the Supreme Court’s 1905 decision in Jacobson v. Massachusetts. The Ninth Circuit majority recognized that the jabs do not prevent transmission but only mitigate symptoms. This crucial distinction makes the mandate a form of forced medical treatment rather than a traditional vaccine requirement. As the court stated, “mitigating symptoms rather than preventing the spread of disease distinguishes Jacobson, thus presenting a different government interest.”

In a powerful concurrence, Judge Collins emphasized that vaccine choice is a constitutional right. He cited the Supreme Court’s decision in Washington v. Glucksberg, underscoring that “a competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment.” Judge Collins further noted that this right is “entirely consistent with this Nation’s history and constitutional traditions,” validating HFDF’s allegations and reinforcing the principle that individuals should have the right to make their own medical decisions without government coercion.

This ruling is a resounding win for vaccine choice and medical liberty, echoing the core mission of Texans for Vaccine Choice. We exist to protect Texans from mandatory medical interventions and discrimination based on vaccination status. This decision strengthens our resolve and commitment to ensuring that no Texan is forced to take a vaccine because of government mandates.

That’s why we are thrilled that our legislative priority of ending federal overreach, particularly in vaccination choices, was selected. We are inspired by this victory and look forward to continuing our work with you and lawmakers to safeguard medical liberty in Texas. Together, we will uphold the constitutional right to vaccine choice and protect our community from unjust mandates.