The views and opinions expressed are solely those of the author.
On October 20, 2023, the Court of Appeals for the Ninth Circuit orderly the Los Angeles Unified School District (LAUSD) as follows:
Appellees [LAUSD] will file a separate motion to dismiss pursuant to Rule 27, Federal Rules of Appellate Procedure, no later than Monday, October 30, 2023. In their motion, appellees should address if the voluntary termination exception to the doctrine of falsity applies.
To recap recent events, on September 14, 2023 during oral argument, the Court of Appeals for the Ninth Circuit handed down what can only be described as a laugh to LAUSD attorney Connie Michaels after to learn that the school district was still continuing its Covid injection mandate for most employees. more than two years after it was published in August 2021, more than two years after the CDC published updated guidance explaining that Covid shots did not stop transmission or infection.
Then, just after court adjourned, Michaels fired back at HFDF’s attorney: “What are you going to do when [LAUSD] terminate the mandate?”
From Michaels’ comment, one can only conclude that she intended to tell her client to terminate the warrant as soon as possible so that she and LAUSD could argue that the lawsuit is moot in a cynical attempt to make the case go away and avoid thus the judicial review of the school. illegal acts of the district.
Since the Biden administration rescinded the public health emergency On May 11, 2023, the Department of Justice (DOJ) argued that ongoing lawsuits are moot as the health emergency is over. Unfortunately for health freedom advocates who want to clarify laws about medical mandates and government overreach in the age of Covid, courts have been binding the DOJ by dismissing cases.
Therefore, it was not a surprise that on September 26, 2023, less than two weeks after the hearing, the LAUSD Board of Education did exactly what Michaels had said it would do: It voted to rescind the mandate.
In order to inform the Ninth Circuit Court of this new development, the plaintiffs/appellants (HFDF et al.) filed a Request for judicial notice with the court attaching a newspaper article reporting that LAUSD had, in fact, finally rescinded its Covid injection mandate shortly after the hearing.
In response, on October 4, 2023, Michaels followed through on his threat to our counsel and requested that the Court dismiss the case as moot given the termination of LAUSD’s mandate. Michaels wrote in it brief in court“Appellants’ speculation that LAUSD voted to rescind the COVID-19 vaccination policy ‘in response to the ridiculousness’ of their oral argument is not only unsupported by any evidence, it is patently false.” .
If that is the case, why did Michaels turn to our attorney when court was adjourned and ask him what he would do when LAUSD rescinded the mandate, as if that was his ace in the hole in the case?
Unfortunately for Michaels, this isn’t the first time LAUSD and its lawyers have been caught misleading the court; they also represented to the district court in July 2021 that they did not intend to impose the Covid injections in order to dismiss the first case. as debatable, only to turn around and order the injection just 17 days after the first case was filed. In another blow to their credibility, during the deposition in the second case, HFDF attorneys learned from LAUSD executives that LAUSD was indeed drafting a Covid injection mandate for staff in early July 2021 at the same time they represented before the court that they were doing so. does not intend to impose the vaccine.
LAUSD lied to the court.
On October 19, 2023, the Ninth Circuit of Appeals ordered the LAUSD to address whether the voluntary termination an exception to the doctrine of falsity applies. LAUSD has tried to argue that the case against him is moot now that the school district has rescinded its mandate, but the voluntary cessation doctrine says that when a party voluntarily ceases an illegal act, that rescission does not deprive the court of its authority to review the unlawful act if the purpose of the voluntary termination serves to evade judicial control and the unlawful act is susceptible of repetition.
There is no question that LAUSD abandoned its policy of circumventing judicial review: the school district’s attorney communicated this intent to HFDF’s attorney in clear terms; and LAUSD has already shown that the policy is repeatable, as the school district has already repeated a Covid injection mandate for employees.
It seems pretty obvious that the LAUSD’s machinations are designed to make the case go away, but the Ninth Circuit, by ordering the LAUSD to address it with respect to voluntary termination, has signaled that it may not buy that argument.
If the plaintiffs prevail on appeal, the case will be returned to the district court where depositions, discovery and litigation will resume so that the plaintiffs can prove their case to the court.
The main issues before the court are whether Jacobson v. Massachusettsa 1905 Supreme Court case, does it apply to Covid injections and does Jacobson apply in the 21St Century given the last decades of jurisprudence that have determined that Americans have the right to privacy, bodily autonomy and to refuse unwanted medical interventions even if they could save lives.
If the plaintiffs prevail in proving that the COVID injections are nothing more than therapeutic, and Jacobson must reconcile with recent case law, Americans will no longer face coercion in medicine. And HFDF will have achieved one of its major goals: to codify in law the absolute right to bodily autonomy.
LAUSD’s irrational COVID vaccine mandate is being challenged by Health Freedom Defense Fund, California Educators for Medical Freedom, and individual plaintiffs.
Leslie Manookian, president and founder of the Health Freedom Defense Fund (HFDF), a nonprofit organization that seeks to rectify health injustice through education, advocacy, and legal challenges to unjust mandates, laws, and policies that undermine our health freedoms and rights humans
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