KEY POINTS

• Plaintiffs argue that what's commonly known as the COVID-19 vaccine isn't a vaccine at all (because it doesn't prevent transmission), but is a therapeutic, so it cannot be mandated by law.
• At the U.S. District Court level, a judge ruled that a 1905 Supreme Court ruling (Jacobson v. Massachusetts) related to mandatory smallpox vaccination allowed the COVID-19 vaccine mandate.
• The 9th Circuit panel ruled that, taking the Plaintiff's pleadings as true (which they must at this point in the proceedings), Jacobson does not apply and that employees cannot be forced to receive "treatment" they don't want to receive.
• The ruling rejected LAUSD's claim that the suit is moot since the district had rescinded its mandate two weeks after oral arguments in this appeal went very poorly for the district, and gave a detailed timeline of LAUSD's continued attempts to manipulate the legal proceedings.

To fully appreciate LAUSD's manipulative tactics, you have to understand the timeline... //

Leslie Manookian of Health Defense Freedom Fund, one of the plaintiffs in the case, noted in a 2023 opinion piece that there's an unresolved conflict between Jacobson and another precedential SCOTUS case, Cruzan vs. Director, which held that medical treatments may be refused even if they might save a recipient’s life. And, she states, in Jacobson "the court decided that vaccines could be mandated in clearly defined and limited situations, such as a deadly smallpox outbreak. But COVID is not smallpox. What’s more, Jacobson allowed those who declined the vaccine to pay a fine — Jacobson did not allow the state to force a vaccine on unwilling recipients on pain of losing their livelihoods."

Public health officials, including former CDC Director Rochelle Walensky, have admitted for years (even before LAUSD's resurrected mandate on August 13, 2021) that the COVID-19 mRNA shot does not prevent transmission of the virus and was ineffective against the Delta variant.

And just this week former NIAID Director Dr. Anthony Fauci admitted under questioning from Congress that the COVID vaccine didn't stop transmission of the virus. //

In the decision Judge Ryan D. Nelson (a Trump appointee), detailed the unimpressive and unethical tactics used by LAUSD and its attorneys. //

It's important to note that the court did not find as a fact that the mRNA COVID shot is a treatment and not a vaccine, and did not find as a fact that it does not prevent the spread of COVID-19, as proceedings have not reached that stage; the court was simply ruling on a procedural motion as to whether the suit was moot and whether LAUSD's motion for judgment on the pleadings was properly decided.