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New Civil Liberties Alliance Press Launch, NCLA Tells GMU That Its Forced Vaccination Policy Violates Constitutional Rights and Medical Ethics:

Zywicki 2George Mason College (GMU) in Fairfax, Virginia, is doubling down on its flawed reopening coverage for the Fall 2021 semester, which tramples on the civil liberties of scholars, school, and workers alike. The New Civil Liberties Alliance, a nonpartisan, nonprofit civil rights group, despatched GMU a letter on Wednesday on behalf of NCLA’s shopper, Scalia Legislation College Professor Todd Zywicki, together with affidavits from Drs. Jay Bhattacharya, Martin Kulldorff, and Hooman Noorchashm, explaining that the varsity’s coverage is irrational from a scientific perspective and violates elementary tenets of medical ethics.

In an official statement launched at present by way of newswire, GMU President Gregory Washington confirmed that the college would “require all college students, school, and employees to get vaccinated, and to share verification of their vaccination standing, with the intention to work, examine, and reside on campus.” The college’s preliminary press launch went as far as to threaten school, stating, “disciplinary motion might be pursued towards these school and employees who fail to obtain an exemption and don’t disclose their standing and obtain the vaccine. This motion might embrace unpaid go away or attainable lack of employment.” Lower than an hour later, the college eliminated the incendiary language from the press launch on its website.

GMU’s illegal coverage mandates that every one unvaccinated school, together with those that can display pure immunity by means of prior Covid-19 an infection, should put on a masks on campus, bodily distance, and bear frequent testing. Workers are additionally ineligible for merit-based pay will increase if they don’t add proof of their vaccination standing into a web-based portal.

For Professor Zywicki, who has recovered from Covid-19 and purchased sturdy pure immunity, it’s not solely medically pointless to bear a vaccination process on the present time, however doing so additionally would create a danger of hurt to him. However, as a result of the penalties GMU attaches to remaining unvaccinated will diminish Professor Zywicki’s efficacy in performing his skilled tasks, the coverage coerces him into receiving the vaccine.

The U.S. Supreme Courtroom has held {that a} “forcible injection … right into a nonconsenting particular person’s physique represents a considerable interference with that particular person’s liberty[.]” Subsequent Supreme Courtroom selections have made express that the best to “refus[e] undesirable medical care” is “so rooted in our historical past, custom, and follow as to require particular safety below the Fourteenth Modification.” As a result of the reopening coverage infringes upon a elementary, constitutional proper to not obtain a vaccine towards one’s will, ought to it face a lawsuit, GMU must display that its coverage furthers a compelling state curiosity. Given Professor Zywicki’s pure immunity, which is confirmed by dependable antibody testing, the college can not display such an curiosity.

Shockingly, based on the university’s policy, GMU will acknowledge any vaccine permitted by the World Well being Group as satisfying the requirement, not simply FDA-approved vaccines. This implies it would settle for many vaccines which have confirmed to be fairly inferior.

NCLA’s letter urged GMU to re-examine its reopening coverage, to deem pure immunity at the very least equal to that achieved by way of vaccination, and to substantiate that Professor Zywicki is not going to lose eligibility for pay raises sooner or later if he doesn’t want to share his vaccination standing.

NCLA launched the next statements:

“George Mason College has no legit authorized curiosity in forcing Professor Zywicki into present process a medical process that’s not crucial to guard him or the college neighborhood. Professor Zywicki has immunity as sturdy and sturdy as that achieved by way of vaccination, whereas on the similar time he faces an actual danger of adversarial results from the Covid-19 vaccines, as we have now established by way of the declarations of three of the world’s most certified scientists to handle the matter.”
— Jenin Younes, Litigation Counsel, NCLA

“George Mason is forcing me to decide on between serving my college students on one hand and present process an pointless and doubtlessly dangerous medical process on the opposite. A number of scientific research have proven that pure immunity supplies at the very least as a lot safety towards reinfection as the simplest vaccines—and unquestionably extra safety than less-effective vaccines from China and elsewhere that college coverage approves. Scientific research have additionally proven that receiving vaccination after recovering from Covid presents an elevated danger of unintended effects in comparison with these with out pure immunity, who would profit from vaccination. This is a vital well being matter that must be decided by my physician and me—not compelled on me by college policy-makers who don’t have any familiarity with my private medical historical past below the specter of ‘attainable lack of employment’ for failing to conform.”
— Todd Zywicki, George Mason College Basis Professor of Legislation

Richard A. Epstein (NYU), The Uneasy Case For Universal Vaccinations:

Todd Zywicki … [has] has requested to be exempted from the university-wide coverage that bars all school, college students, and employees from being on campus for any function except they confirm that they’ve been vaccinated. The coverage topics them to disciplinary sanctions, together with unpaid go away or attainable lack of employment, if they’re in violation. The coverage additionally notes that GMU “will, in fact, approve acceptable exemptions for medical and non secular causes,” with out saying how that course of will play out. One very important facet of the GMU coverage is that it’ll not present an exemption solely as a result of a college member has demonstrated that he, like Zywicki, has obtained a excessive stage of natural immunity from earlier publicity to COVID-19.

Zywicki has offered potent proof for the report. His private doctor, Dr. Hooman Noorchashm, submitted an affidavit that harassed his view that vaccination was medically pointless as a result of Zywicki’s expertise of contracting and recovering from COVID-19 offered “adequate and sturdy safety towards reinfection and transmission.” One other affidavit by Professors Jay Bhattacharya of Stanford and Martin Kulldorff of Harvard, each long-time contrarians on COVID issues, concluded, in step with their basic view, “that whereas vaccines are usually beneficial for older people, they aren’t wanted for sufferers with pure immunities.” They additional argue of their affidavit that many empirical research “overwhelmingly conclude that pure immunity supplies equal or higher safety towards extreme an infection” than immunity generated by the Moderna and Pfizer-BioNTech vaccines now in use. Pure immunity seems particularly sturdy in contrast with the one-dose Johnson & Johnson vaccine, which is claimed to be solely about 66.3 p.c efficient towards preliminary infections.

These two affidavits current a robust medical argument in assist of Zywicki’s place and assert that it’s attainable for GMU to each establish and police this important exception to the vaccine program with out creating any public danger. GMU is a public college that unquestionably is required to respect the assorted constitutional ensures, particularly when the police-power justifications have been given. Thus, Zywicki’s request for an exemption can not merely be sidestepped due to the supposed evidentiary difficulties in proving his stage of pure immunity or the adversarial impact of COVID-19 on his medical situation.

A last consideration is that it is perhaps sensible to not impose any mandate in any respect. This view argues that the social case for vaccine mandates will not be there. Most people will most likely get the vaccine as a result of it’s of their self-interest to take action. Free using will not be an attractive possibility, on condition that it’s extremely unlikely that everybody else will get the vaccine. On the similar time, high-risk people have each incentive to make the best selection for themselves, undercutting the necessity for paternalism. And anybody else who fears publicity may also present implicit safety to others in the event that they get a vaccine to guard themselves.

These concerns might nicely cut back the degrees of danger at far decrease administrative prices than the mandates of GMU and related packages, that are each administratively costly and susceptible to numerous types of systematic error. In shut instances like this one, there may be a lot to be stated for respecting the presumption of liberty, given the intense chance that people like Professor Zywicki will reply to the dangers appropriately. Voluntary sorting is usually extra environment friendly than state mandates as a result of it makes use of downstream info.

These arguments have constitutional valence solely as a result of GMU is a state-run establishment. In precept, personal establishments are free to make their very own determinations, however the logic towards broad vaccination packages in that context is each bit as sturdy as inside public establishments. As well as, as is more and more extra widespread, there may be an ever tighter interdependence between private and non-private establishments in order that it’s not as simple for the latter to claim independence from constitutional oversight when the federal authorities has both by guarantees or threats “insinuated” itself into private actions. The Zywicki letter raises profound problems with public well being coverage that require a extra nuanced evaluation.

https://taxprof.typepad.com/taxprof_blog/2021/08/law-prof-with-natural-immunity-from-bout-with-covid-19-fights-george-masons-vaccine-mandate-no-shot-.html



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