Exclusion of Unvaccinated From Jury Not a Problem, 6th Cir. Says

The president of Ohio-based Portable Radiology Services lost an appeal challenging his convictions for health-care fraud and aggravated identity theft, after the Sixth Circuit said his right to an impartial jury wasn’t violated by the court’s exclusion of anyone without a Covid-19 vaccine.

“Unlike members of a particular race or sex, the unvaccinated do not qualify as the type of ‘distinctive group’ that can trigger Sixth Amendment concerns with excluding a ‘fair cross section of the community’ from the jury pool,” the court said Monday.

No evidence suggested that unvaccinated individuals were excluded in order to “arbitrarily skew” the jury ...