Posted by Richard Willet Posted on 28 October 2020

Court won’t allow unvaccinated medically fragile children to even participate in online learning pending the lawsuit’s outcome

On Oct. 22, the U.S. District Court for the Northern District of New York denied injunctive relief to the families challenging the state’s overly narrow medical exemption regulation in Jane Doe, et. al v. Howard Zucker et. al.

The court refused to allow medically fragile children, whose licensed medical providers have submitted certifications stating that they are at risk of serious harm or death from a vaccine, to participate even in online learning pending this litigation’s outcome. Some plaintiffs have already lost one or more family members to death from proven adverse vaccine reactions. Many have suffered severe, documented vaccine injuries.

The court would not consider these facts or U.S. Supreme Court jurisprudence defining the unconstitutionality of the practices challenged. Plaintiffs’ attorneys intend to appeal. 

As plaintiffs’ briefs and arguments repeatedly emphasized, a medical exemption to an otherwise permissible health regulation is a constitutional guarantee for those at risk. That guarantee doesn’t just implicate liberty — it goes to the very right to life itself. The U.S. Supreme Court has recognized this right for more than 115 years. 

Read More: Court Denies Injunctive Relief, Plaintiffs Will Appeal in NY Medical Exemption Lawsuit

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