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"Addressing the merits, the panel held that the district court misapplied the Supreme Court’s decision in Jacobson v. Massachusetts, 197 U.S. 11 (1905), in concluding that the Policy survived rational basis review. Jacobson held that mandatory vaccinations were rationally related to preventing the spread of smallpox. Here, however, plaintiffs allege that the vaccine does not effectively prevent spread but only mitigates symptoms for the recipient and therefore is akin to a medical treatment, not a “traditional” vaccine. Taking plaintiffs’ allegations as true at this stage of litigation, plaintiffs plausibly alleged that the COVID-19 vaccine does not effectively “prevent the spread” of COVID-19. Thus, Jacobson does not apply."

In: Case: 22-55908, 06/07/2024, ID: 12890145, DktEntry: 54-1, Page 1 of 33 In Health Freedom Defense Fund v. Los Angeles Unified School District!

Congratulations to Health Freedom Defense Fund and their remarkable counsel George Wentz for this victory for humanity!
5:05 PM · Jun 7, 2024
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