California Covid Vaccine Mandate Suit Revived by Ninth Circuit

Los Angeles United School District officials must face a lawsuit from workers alleging the district vaccine mandate violated employees’ constitutional due process rights, a divided Ninth Circuit said Friday.

The district court wrongly dismissed the suit by applying a 1905 US Supreme Court case, Jacobson v. Massachusetts, upholding a smallpox vaccine mandate, Judge Ryan Nelson said, vacating the lower court’s dismissal.

The employees sufficiently alleged that the smallpox vaccine isn’t comparable to the Covid vaccine because the latter only reduces symptoms—so the court shouldn’t have dismissed the case under Jacobson, Nelson said, remanding the case back ...