The CDC told us that the shots don’t stop transmission or infection, so how do they protect the public health?
The Ninth Circuit Court of Appeals just delivered a decision in a multi-year Covid-vaccine mandates case that lowered the bar on legal decisions, violated 120 years of juris prudence, misinterpreted Jacobson v. Massachusetts, a Supreme Court case from 1905 about the smallpox, and contradicted recent United States Supreme Court decisions.
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Leslie Manookian, a 20+ year health freedom advocate and founder of the Health Freedom Defence Fund, filed suit against the Los Angeles Unified School District in 2021 following LAUSD terminating 1,000 teachers and staff, for declining to take the COVID vaccines.
LAUSD first tried to mandate the COVID vaccine when the shot was introduced, Manookian told the Globe. “We sued in 2021, and they rescinded the mandate the next day.” However, that was not the end of it.
“In July 2021, as the case was working its way through the system, LAUSD represented to our attorney and in a brief filed with the court, that there ‘is no mandate’ and that LAUSD had no intention of issuing a mandate. The court accepted this representation in dismissing the case as not ‘ripe’ on July 27, 2021. Thus, if there is no mandate, the lawsuit is not ripe.”
“Seventeen days later LAUSD issued a COVID vaccine mandate,” Manookian said.
So they filed suit again. Manookian said the lawsuit filed by HFDF, on behalf of California Educators for Medical Freedom (CAEMF), and individual plaintiffs challenged the Los Angeles Unified School District’s COVID-19 injection mandate for all teachers and staff as a condition of employment because it violates the employees’ liberty protected by the Fourteenth Amendment to the Constitution, which includes rights of personal autonomy, self-determination, bodily integrity, and the right to reject medical treatment.
“We discovered that LAUSD had not been forthright with the District Court during the first case when it claimed there ‘is no mandate.’”
“According to depositions taken during the course of the second case, LAUSD Chief Human Resource Officer Ileana Davalos stated that ‘they were drafting a mandate in the first half of July 2021,’ demonstrating that LAUSD had not been telling the truth about the mandates with the court in the first case.”
Manookian said the mandate was a violation of privacy under the due process clause of the Constitution, and it was also “arbitrary” because the CDC had already admitted that the shots do not stop transmission of COVID-19. “So it’s a medicine or a theraputic, and not a vaccine,” she said.
Teachers lost their jobs for refusing the experimental vaccine, and some were relegated to online teaching and left in limbo, Manookian said. Teachers were told their religious beliefs didn’t matter, or their medical needs didn’t matter. “Some have had adverse reactions to other shots. They’ve been denied the the ability to protect themselves and their religious beliefs. They’ve been fired for doing so, or were just cast aside.”
The district court ruled against the LAUSD plaintiffs, Health Freedom Defense Fund.
In January 2023 the Health Freedom Defence Fund appealed that decision. In June 2024 a three-judge panel of the Ninth Circuit ruled in favor of plaintiffs (Health Freedom Defense Fund), overturning the district court and remanding the case back to the district court.
Manookian explained the 3-judge panel’s 2024 decision to the Globe:
“Reversing the decision of the Central District of California in Los Angeles, the Ninth Circuit majority held that, first, the case was not mooted by LAUSD’s rescission of the mandate after oral argument last September, 2023. The majority called out LAUSD’s gamesmanship for what it was – a bald-faced attempt at avoiding an adverse ruling by trying to create an issue of mootness.
Unfortunately for LAUSD, they had already done this once in the trial court. Applying the voluntary cessation doctrine, the majority doubted LAUSD’s sincerity in rescinding the mandate immediately after an unfavorable oral argument in September of last year.”
Attorney Julie Hamill broke down the decision:
“Much like LADPH and other authoritarian government agencies, LAUSD had a pattern of withdrawing and then reinstating its vaccination policies. According to the Court, this pattern was enough to keep the case alive. “The record supported a strong inference that LAUSD waited to see how the oral argument in this court proceeded before determining whether to maintain the Policy or to go forward with a pre-prepared repeal option. LAUSD expressly reserved the option to again consider imposing a vaccine mandate. Accordingly, LAUSD has not carried its heavy burden to show that there is no reasonable possibility that it will again revert to imposing a similar policy.” The mootness argument was rejected.
Then, we get to the real juice. “[T]he 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.”















