An employee at the school, Jeanna Norris, filed a lawsuit against the mandate and asked a judge to intervene on the basis that she had already contracted COVID-19 and recovered. She presented two antibody tests showing her previous infection, and her doctors told her that she didn’t need to get the vaccine at this time.
Despite her natural immunity, Norris faces termination from the university for not complying with the school’s mandate that all students and staff get the shot unless they have a medical or religious exemption.
U.S. District Judge Paul Maloney, an appointee of former President George W. Bush, declined her lawsuit. The mandate, Maloney said, didn’t violate her fundamental rights and pointed to a 1905 Supreme Court ruling.
“This Court must apply the law from the Supreme Court: Jacobson essentially applied rational basis review and found that the vaccine mandate was rational in ‘protect[ing] the public health and public safety,’” Maloney said in his order. “The Court cannot ignore this binding precedent.”
Some studies have shown that natural immunity afforded by a previous COVID-19 infection provides longer-lasting and stronger protection against the CCP (Chinese Communist Party) virus than the vacciens. An Israeli study published in August compared individuals who had a previous infection with those who received the Pfizer–BioNTech vaccine and said their “analysis demonstrated that natural immunity affords longer-lasting and stronger protection against infection, symptomatic disease, and hospitalization due to the Delta variant.”
Biden Vaccine Mandate for Contractors Blocked Nationwide
- Mandate one of a set of Biden vaccine initiatives
- States say contractor requirement violates Constitution
The Biden administration’s mandate for federal contractors’ employees to be vaccinated will be halted nationwide, amid a slew of challenges from states that say the president overstepped his authority in requiring the Covid-19 shots.
Led by Georgia, the seven states that challenged the mandate set to take effect on Jan. 4 are likely to succeed in their lawsuits against the administration’s order, U.S. District Court Judge R. Stan Baker of the Southern District of Georgia said in an order issued Tuesday.
The Biden administration mandate applies to roughly a quarter of the U.S. workforce and affects companies that do business with the federal government, including Lockheed Martin Corp., Microsoft Corp., Alphabet Inc.‘s Google, and General Motors Co.
Baker’s order follows a Kentucky federal judge’s grant last week of a preliminary injunction in a lawsuit involving Kentucky, Tennessee, and Ohio. Baker echoed what his Kentucky counterpart said, that blocking the mandate didn’t indicate that the vaccine wouldn’t be effective to stopping the spread of Covid-19, but rather that Biden didn’t have the power to issue such an executive order.
Representatives from Georgia universities testified during an injunction hearing earlier this month, arguing that implementation of the mandate would be expensive, onerous, and cost them valuable employees who haven’t yet presented proof of vaccination. Those schools receive millions from the federal government.
The court found that the states could likely prove that Congress didn’t clearly authorize the president to issue the mandate, and that it “goes far beyond addressing administrative and management issues in order to promote efficiency and economy in procurement and contracting.” The 2017 nominee of President Donald Trump said, instead, the executive order works as a “regulation of public health.”
Neither the lawyers representing the state coalition nor the U.S. government immediately responded to emailed requests for comment.
Idaho Gov. Brad Little cheered Tuesday’s ruling in a statement. The state is part of the Georgia-led contractor mandate challenge, as well as lawsuits against the Occupational Safety and Hazard Administration’s shot-or-test emergency regulation for large U.S. businesses, and another inoculation rule for healthcare workers.
“Yet another one of President Biden’s vaccine mandates have been temporarily shut down because the states—including Idaho—took a stand against his unprecedented government overreach into Americans’ lives and businesses,” Little said in the statement. “All three mandates are now completely stalled. We will continue to press forward in our fight against the federal government’s bad policies.”
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