Opinion
State Court Docket Watch: Corman v. Acting Secretary of the Pennsylvania Department of Health
On December 10, 2021, the Pennsylvania Supreme Court unanimously affirmed,[1] on expedited direct appeal, a state trial court opinion[2] nullifying the state Department of Health’s mask mandate for all public schools. The Supreme Court agreed with the en banc trial...
Natural Immunity Denialism Responsible for Needless COVID-19 Discrimination, Job Losses
In a superb opinion piece in The Hill on Feb. 3, Drs. Jeffrey Klausner and Noah Kojima lauded the Centers for Disease Control and Prevention for finally recognizing that naturally acquired immunity to COVID-19 is superior to that induced through vaccination. That was...
Intolerant Lawyers Shouldn’t Be Judges
What should be done about law-school deans and others in legal institutions who censor, cancel, blacklist, refuse to hire, fire, “investigate” and otherwise threaten others for their opinions? A partial answer lies in reminding them that their misconduct may...
The Federal Contractor Vaccine Mandate Is Unlawful, Too
Any statute in a storm appears to be the Biden administration’s approach to imposing a vaccine mandate. The Procurement Act of 1949 was created “to provide the Federal Government with an economical and efficient system for” procurement. Like the OSHA statute that the...
Mandates Are About Political Control, Not Health
For two years, the political class’s ineptitude has been on full display. School shutdowns, business closures, and endless mask mandates have all proven relatively ineffective at stemming the spread of COVID-19 (never mind reducing hospitalizations and deaths), yet...
Before Judging Vaccines, the Court Should Judge Itself
The Biden administration has imposed COVID-19 vaccinations on all healthcare workers at Medicare and Medicaid participating facilities as a condition of federal funding. When this condition came before the Supreme Court last Friday in Biden v. Missouri, the justices...
The NLRA Does Not Authorize Everyone on Twitter to Call the Labor Police
When Vox Media employees walked out during a bargaining dispute in 2019, Twitter users tweeted along.[2] Among the commentators was Ben Domenech, the publisher of the web magazine The Federalist. He tweeted from his personal account, “FYI @fdrlst first one of you...
Are COVID Vaccine Mandates for Kids Legal?
In the years before COVID-19 dramatically altered our political landscape, the smattering of parents throughout the country who questioned the necessity of routine childhood immunizations caught the attention of news media. Derided for touting scientifically...
It’s Congress’ Responsibility to Legislate; Not the Courts’
The U.S. Supreme Court on October 29 agreed to review a 9th U.S. Circuit Court of Appeals decision that broadly construed the right of individuals to file suit for infringement of their constitutional rights -- a sure sign the 9th Circuit will once again be overturned...
Forced Covid Vaccination for Kids Is Unlawful
Now that the Food and Drug Administration has authorized the Pfizer -BioNTech vaccine for 5- to 11-year-olds, expect a wave of Covid-19 vaccine mandates for children. San Francisco announced last week that the city will require children in that age group to show proof...