Breaking News: University of California Makes Tactical Retreat, Revises Executive Order
By Richard Jaffe, Esq.
. Children’s Health Defense
As you may understand, Robert F. Kennedy, Jr. and I (with the able support of Children’s Health Defense chief legal expert Mary Holland, Physicians for Informed Consent’s human vaccine encyclopedia aka Greg Glaser and San Diego ace litigator Ray Flores) filed an injunction lawsuit to stop the University of California’s (UC) executive order needing all students, faculty and other workers to get the flu shot by Nov. 1 or face not having the ability to work or register for class.
We filed on Aug. 27, the executive order having been published on Aug. 7.
On Sept. 17, we submitted a movement for an initial injunction to stop the executive order. The most outrageous part of the executive order, and the part that befits the constitutional expression of something which “shocks the conscience,” was the truth that students were treated in a different way from professors and personnel in 2 important respects.
Unlike staff and faculty, trainees did not have a “spiritual accommodation” (more about that later).
Second, while professors might remote teach and staff might remote work and not need to take the shot, remote knowing students still had to get the stick.
That seemed to me to be a book equivalent security and First Amendment violation. Whatever idiot UC legal representative developed that need to need to take some con law CLE (continuing legal education).
Well, it appears like the UC has actually finally opened its con law books (and with all its law school libraries, it’s about time).
The UC submitted its response to our motion (and there are a lot of documents, but more about that later) AND GUESS WHAT? TWO DAYS AGO, THE UC (obviously covertly so far) ISSUED A NEW EXECUTIVE ORDER REVISING THE MANDATE!
And, guess what it doesn’t have in it? Correct, students are now dealt with the like professors and staff, well sort of.
Bottom line, students participating in all classes online who do not survive on school do not need to get the influenza shot. That is great news for those students. Obviously, if you live on school, you still have to get the shot, at least unless and until the judge grants our preliminary injunction movement.
For perspective, this is just the opening skirmish (ok, perhaps a tad bit more than that; the UC pulled back most likely after reviewing our 4th reason for action for equivalent security infractions on behalf of the students). This was a just tactical retreat for the UC. They quit something to safeguard the core required requiring the influenza vaccine for everyone who pertains to the schools.
2 other breaking news points in this case
The UC is setting up in effect spiritual inquisition courts, however with no released court procedures. That’s right, and it is simply as outrageous as the now removed equivalent defense offenses.
The UC has actually apparently employed outside experts to operate as judges choosing the authentic of people looking for a religious lodging to the influenza shot. Actually, you have to appeal before some expert to make the case that your religious beliefs are the best kind, or you have the adequate fervor to justify the UC bestowing on you whatever it wants as a religious lodging?
So what are the requirements these consultant judges use? I do not think anybody understands up until now. It should be some secret set of requirements. Perhaps the UC needs to go back to its libraries and look up the First Amendment and something called due process and do something it hasn’t done. Think of what you’re doing and the course you’re going down, since as specified, this is simply as crazy as the discrimination against trainees, only it impacts the entire UC neighborhood.
If anybody has actually gone through or is planning to appear at these religious inquisition courts, please shoot me an email, due to the fact that I believe the judge is really going to want to hear from you, and I do not believe he’s going to like it one bit. Second, we now know (sort of) how this influenza mandate happened and who supervised.
One of the numerous statements filed in reaction to our movement was from the UC head of the COVID tracking and tracing committee from which the mandate originated. Her name is Dr. Carrie Byington. She is an executive vice president at UC Health and professor of Pediatric Infectious Disease at UC San Francisco. She has a really remarkable resume and a long career in transmittable illness. Here is her declaration. If anybody reading this post has any details about how this whole thing happened, and the declarations consisted of in Dr. Byington’s declaration, please email me with information. To anyone with such understanding, you’ll understand what I am describing. To all else, stay tuned.
Rick Jaffe is a visitor contributor and the lead attorney in Kiel v. U of C case that Children’s Health Defense is supporting.
Copyright 2020 Children’s Health Defense
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This material was initially published here.
For viewpoint, this is simply the opening skirmish (ok, possibly a tad bit more than that; the UC backed down probably after evaluating our fourth cause of action for equal protection violations on behalf of the trainees). The UC is setting up in impact spiritual inquisition courts, however with no released court treatments. The UC has obviously hired outside experts to function as judges choosing on the bona fides of individuals seeking a religious accommodation to the flu shot. One of the lots of statements submitted in action to our motion was from the UC head of the COVID tracking and tracing committee from which the required originated. She is an executive vice president at UC Health and professor of Pediatric Infectious Disease at UC San Francisco.
