Sorry, that was long, (needed a break after condensing 25 pages of the majority and concurring opinions down a lot.)____ Note: the majority did not rule that as a matter of law that the Pfizer, Moderna, and other “coronavirus shots” are therapeutic medicine and not vaccines. The majority noted that the plaintiff argued this + defendant did not demonstrate otherwise (“safe and effective” argument did not show that “the shots” were traditional vaccines that would justify applying Jacobson case standard of mandating vaccines. ____ If defendant at trial had shown that “the shots” protected the public from the spread of disease, then the 9th would likely have upheld the decision of the District Court in favor of the defendants). ____It seems that the defendants really did not present their side well. ____ Because of this, the District Court has to hear the Plaintiff’s case and decide while keeping in mind that for purposes of this case that Jacobson does not apply, “the shots” are therapeutic” and not traditional vaccines that prevent the spread of disease.
Sorry, that was long, but I condensed 25 pages of the majority and concurring opinions down a lot. ____ Note: the majority did not rule that as a matter of law that the Pfizer, Moderna, and other “coronavirus shots” are therapeutic medicine and not vaccines. The majority noted that the plaintiff argued this + defendant did not demonstrate otherwise (“safe and effective” argument did not show that “the shots” were traditional vaccines that would justify applying Jacobson case standard of mandating vaccines. ____ If defendant at trial had shown that “the shots” protected the public from the spread of disease, then the 9th would likely have upheld the decision of the District Court in favor of the defendants). ____It seems that the defendants really did not present their side well. ____ Because of this, the District Court has to hear the Plaintiff’s case and decide while keeping in mind that for purposes of this case that Jacobson does not apply, “the shots” are therapeutic” and not traditional vaccines that prevent the spread of disease.
Sorry, that was long, but I condensed 25 pages of the majority and concurring opinions down a lot. ____ Note: the majority did not rule that as a matter of law that the Pfizer, Moderna, and other “coronavirus shots” are therapeutic medicine and not vaccines. The majority noted that the plaintiff argued this + defendant did not demonstrate otherwise (“safe and effective” argument did not show that “the shots” were traditional vaccines that would justify applying Jacobson case standard of mandating vaccines. ____ If defendant at trial had shown that “the shots” protected the public from the spread of disease, then the 9th would likely have upheld the decision of the District Court in favor of the defendants). ____It seems that the defendants really did not present their side well. ____ Because of this, the District Court has to hear the Plaintiff’s case and decide while keeping in mind that for purposes of this case that Jacobson does not apply, “the shots” are therapeutic” and not traditional vaccines that prevent the spread of disease.
Sorry, that was long, but I condensed 25 pages of the majority and concurring opinions down a lot. Note: the majority did not rule that as a matter of law that the Pfizer, Moderna, and other “coronavirus shots” are therapeutic medicine and not vaccines. The majority noted that the plaintiff argued this, defendant did not demonstrate otherwise (“safe and effective” argument did not show that “the shots” were traditional vaccines that would justify applying Jacobson case standard of mandating vaccines. If defendant at trial had shown that “the shots protected the public from the spread of disease, then the 9th would likely have upheld the decision of the District Court in favor of the defendants). It seems that the defendants really did not present their side well. Because of this, the District Court has to hear the Plaintiff’s case and decide while keeping in mind that for purposes of this case that Jacobson does not apply, “the shots” are therapeutic” and not traditional vaccines that prevent the spread of disease.