In a significant development, the Ninth Circuit Court of Appeals has issued an opinion that could make it more difficult for the government to impose unconstitutional, draconian measures such as forced COVID-19 vaccinations. The case, Health Freedom Defense Fund v. Alberto Carvalho, challenges the Los Angeles Unified School District’s mandatory COVID vaccination mandate for all school employees.
The majority panel of the Ninth Circuit held that the district court had misapplied the Supreme Court’s 1905 decision in Jacobson v. Massachusetts, which has been widely cited by courts across the country when considering challenges to COVID mandates. The ruling explicitly draws limits on Jacobson, stating that it only applies to measures aimed at preventing the spread of disease, not those designed to reduce the severity of illness in infected persons.
The majority opinion noted that the plaintiffs had credibly pled that the COVID vaccines were not designed or intended to prevent disease spread, but rather to reduce the severity of illness in infected individuals. As such, the court held that Jacobson does not apply in this case.
In a concurring opinion, Judge Collins emphasized that measures to protect an individual from getting sick, as opposed to preventing disease spread, fall under a separate line of authority recognizing a constitutionally protected liberty interest in refusing unwanted medical treatment.
This ruling comes at a time when concerns are being raised about the potential for the Deep State to force unproven vaccines on the public again, particularly in light of the recent Bird Flu scares being promoted by former White House Coronavirus Response Coordinator Deborah Birx and the World Health Organization (WHO).
