Coronavirus: Thread

grarpamp grarpamp at gmail.com
Sun Aug 21 18:22:53 PDT 2022


Lawsuits should have been filed every time the
worlds governments forced people to stay
at home, put muzzles on, close their business,
submit to injections, etc.



Lawsuits Coming For Entities That Don't Change COVID Mandates After
CDC Update: Lawyer

https://www.theepochtimes.com/lawsuits-coming-for-entities-that-dont-change-covid-mandates-after-cdc-update-lawyer_4667572.html
https://www.theepochtimes.com/natural-immunity-more-protective-over-time-than-covid-19-vaccination-study_4149953.html
https://www.theepochtimes.com/natural-immunity-superior-to-vaccination-against-delta-virus-variant-study_4223936.html
https://www.theepochtimes.com/cdc-revises-covid-19-guidelines-in-sweeping-overhaul_4658929.html
https://www.theepochtimes.com/george-mason-university-grants-professor-exemption-from-covid-vaccine-mandate-after-lawsuit-filed_3955930.html
https://www.sciencedirect.com/science/article/pii/S1473309921002243
https://www.mdpi.com/2075-1729/11/3/249

Entities with COVID-19 vaccine mandates that don't pay heed to the new
Centers for Disease Control and Prevention (CDC) guidance will face
lawsuits, a civil liberties lawyer says.

"We don't have a new lawsuit in the works yet. But if we see that colleges
and universities and public employers are not responding to the new CDC
guidance the way that they should be, then we would certainly tee up a new
lawsuit," Mark Chenoweth, president and general counsel at the New Civil
Liberties Alliance, told The Epoch Times.

The response to the updated guidance should be, at a minimum, a lifting of
mandates for people who have recovered from COVID-19, he added.

Such people have a high level of protection against severe illness and
death, according to a number of studies. Many studies indicate the
protection is higher than that of the COVID-19 vaccines—including one
study funded by the CDC.

The CDC issued updated guidance on Aug. 11, stating in part that risk for
illness from COVID-19 "is considerably reduced by immunity derived from
vaccination, previous infection, or both" and that "persons who have had
COVID-19 but are not vaccinated have some degree of protection against
severe illness from their previous infection."

The public health agency rolled back quarantine recommendations for
people, regardless of vaccination status, citing the high amount of
immunity in the U.S. population from vaccination, prior infection, or
both.

Since virtually all entities that have imposed mandates have cited CDC
guidance, the entities won't be able to argue they aren't aware of the
updated guidance, according to Chenoweth.

That means any institution that doesn't alter or rescind its mandate in
light of the update "is ripe for a lawsuit," he said.

"Because the thing that the judges have said so far is that it was
rational for these employers to follow CDC guidance, but now the CDC
guidance is different. And if they're now going forward with these
mandates for example, against people who have natural immunity in the
teeth of the CDC guidance on that question, then I think it's going to be
much harder for them to win even a rational basis challenge to their
policies."

Suits

The New Civil Liberties Alliance has brought lawsuits against Michigan
State University (MSU), the U.S. government, Fairfax County Public
Schools, George Mason University, and Rhode Island officials over
mandates that the legal group says are illegal.

They have focused on how entities aren't granting exemptions to people
with proof that they've recovered from COVID-19.

While one of the cases won the plaintiff an exemption from the mandate,
judges have ruled against many others, often tracing the mandates to CDC
guidance.

"Plaintiffs have the burden of negating every rational basis that supports
the MSU vaccine mandate, and the Court finds that they have failed to do
so," U.S. District Judge Paul Maloney, a George W. Bush appointee, wrote
in February as he dismissed the suit.

"CDC guidance is clear: `[V]accination remains the safest and primary
strategy to prevent SARS-CoV2 infections,'" he added. "In achieving
MSU’s stated legitimate goal of protecting its students and staff from
COVID-19, it was plainly rational, in July 2021 when MSU established the
policy, for MSU to rely on CDC guidance and require its students and staff
to receive the COVID vaccination."

The CDC has long maintained that vaccination is superior to natural
immunity, and urged people with natural immunity to get vaccinated, even
though many studies show that natural immunity provides better protection
than vaccination and some suggest that people who recovered from COVID-19
are at higher risk of side effects if they do get a vaccine.

Moreover, some experts say getting vaccinated after recovery doesn't make
sense because the increase in protection is negligible, though others say
the increase is worth the risk.

Could Have Changed in 2021

Chenoweth said the CDC should have updated its guidance in 2021.

"I think it's remarkable that it's taken the CDC this long to come around
to admitting the science on this topic. The science was there at least a
year ago when we started litigating the issue of whether or not folks with
natural immunity should be subjected to vaccine mandates," he said.

A CDC spokeswoman told The Epoch Times in an email that the update was
based on having more tools such as treatments than were available in 2020
and "the reality that nearly the entire U.S. adult population now has some
level of immunity, either due to vaccination, past infection, or both."

"We also have a better understanding of who is at higher risk for getting
very sick with COVID-19 and ways we can help protect them from severe
disease. With more tools to protect ourselves and our communities from
severe illness from COVID-19—like vaccination, boosters, and
treatments—we have increased protection and flexibility for the future.
CDC’s commitment to addressing COVID-19 is strong and as a nation, we
continue to respond to evolving challenges and identify best practices
related to COVID-19," she added.

The spokesperson didn't respond when asked why the guidance wasn't updated
in 2021.

Chenoweth said courts would be made aware of the new guidance, including
the appeals court weighing the appeal in the MSU case. In another case,
for Dr. Stephen Skoly Jr., a surgeon in Rhode Island, the update will be
incorporated into an amended complaint.


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