A request to block Michigan State University’s COVID-19 vaccine mandate based on natural immunity was denied by a federal judge.
Jeanna Norris, a university employee, sued against the mandate since she already had the virus and recovered. She presented two antibody tests to MSU that showed her previous infection, and said her doctors told her that she did not need the vaccine.
The university’s mandate states that all students and staff, unless they have a medical or religious exemption, must get vaccinated or face termination.
U.S. District Judge Paul Maloney denied Norris’s lawsuit, stating that the school did not violate her rights. Maloney based his opinion on a 1905 Supreme Court case, Jacobson v. Massachusetts, saying that “This Court must apply the law from the Supreme Court: Jacobson essentially applied rational basis review and found that the vaccine mandate was rational in ‘protect[ing] the public health and public safety. The Court cannot ignore this binding precedent.”
Norris’ lawyers told the Washington Times that she is considering legal alternatives.
Jenin Younes, a lawyer with the legal group New Civil Liberties Alliance, who represents Norris, told the Epoch Times that “Ms. Norris courageously brought this lawsuit to vindicate the constitutional rights of individuals with naturally acquired immunity to COVID-19 who are subject to irrational vaccine mandates. While we are disappointed by today’s order, we are committed to fighting for the rights of COVID-recovered Americans to decline a medically unnecessary vaccine without having to sacrifice their livelihoods.”
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