In what may become precedence setting legal cases, three California State University, Chico, students who have recovered from COVID-19 are suing the state school, saying the California State University system’s requirement that they receive a COVID-19 vaccine before returning to class in the fall places them at risk of dying.
Eight Indiana University students also filed a federal lawsuit against the state school, alleging that its COVID-19 vaccine requirement violates both their constitutional rights and the state’s new anti-vaccine passport law.
Expect to see more of these lawsuits, and this is why:
I am convinced the IU vaccination mandate is unconstitutional,” said James Bopp Jr., an Indiana University alum and constitutional lawyer who has won nine cases argued before the U.S. Supreme Court. “A government school [state school] has to comply with the Constitution because that’s what the Constitution applies to, is limits on the government.”
Bopp said the mandate is an invasion of a person’s liberty and violates the 14th Amendment, which declares a state should not deprive a person of due process of law.
He also noted that both the medical and religious exemptions are also unconstitutional.
The CSU lawsuit was also filed in federal court in Sacramento on behalf of three students, and says all three contracted COVID-19 in January 2020 and subsequently recovered from the virus.
And that is the rub – people who had and recovered from COVID-19 have natural antibodies against the virus, and possibly even higher antibodies than those who are vaccinated. Because of that, many physicians say getting the vaccine on top of the body’s antibodies can be dangerous and lead to severe side effects and vaccine injuries.
The Sacramento Bee reports:
Federal and state officials have repeatedly said the vaccines are safe and that their distribution nationwide has largely staved off spikes in infections and allowed for states to reopen after more than a year of protests over restrictions that include mandatory face coverings, social distancing and other precautions.
But those in positions of authority within the state are refusing to address the importance of the many people who had and recovered from COVID-19 and have antibodies. Antibodies are produced naturally by your body and help the immune system recognize germs that cause disease, such as bacteria and viruses, and mark them for destruction.
State Capitol Assembly and Senate leaders are demanding that Capitol staffers either get the vaccine or get tested for COVID-19 weekly. They refuse to address the many employees who had and recovered from COVID-19, or those Capitol staffers who may have had it but showed no symptoms.
At this point 16 months later, a medical professional friend of the Globe says everyone has either had it or been exposed to the Coronavirus. And those who wanted the vaccine have taken it. As the Mayo Clinic explains, “Herd immunity occurs when a large portion of a community (the herd) becomes immune to a disease, making the spread of disease from person to person unlikely. As a result, the whole community becomes protected — not just those who are immune.”
The vaccine requirement is happening in public schools, state universities, and even in private universities. The Globe was contacted by law students at a private California law school, concerned because the school was requiring as a condition of their return to in-person classes, they get the vaccine. The students were rather surprised at the irony that a law school would unconstitutionally require the vaccine, without at the very least allowing the students to take the antibody test first.
The Indiana University lawsuit also claims that the school’s policy violates Indiana’s new anti-“vaccine passport” regulation signed by Gov. Eric Holcomb in April.
California’s Gov. Gavin Newsom has signed no such bill, and continues to claim he will not enforce vaccine passports. However, the California Department of Public Health recently instituted a Digital COVID-19 Vaccine Record at a state website called “MyVaccineRecord.ca.gov, which accesses COVID-19 records “from California’s immunization systems.” California residents can “print a copy of the record and store in a safe place. The QR code is a SMART Health Card, a secure copy of your vaccination record at https://smarthealth.cards/.” It’s a printed card with proof of your COVID-19 vaccine on it.
“California officials say signing up for the program would be voluntary, and the state is not requiring individuals to show proof of vaccination to engage in activities,” the San Francisco Chronicle reported. “But some employers and businesses may require verification for workers and patrons.”
This is the deviousness of the issue – Some employers and businesses are requiring vaccine verification. And the state is doing nothing to discourage this. Even some counties in the state are attempting to reintroduce indoor/outdoor mask mandates.
The elephant in the room is herd immunity and those who have antibodies.
Two recently released studies show that those who have been infected with COVID-19 will likely have lifelong immunity from the virus.
Fox 13 in Memphis reported:
According to The New York Times, a study published in the journal Nature showed cells that retain a memory of the virus persist in a person’s bone marrow and may produce antibodies whenever the body needs them, even years later.
The second study was posted online at BioRxiv, a site for biology research, and it found that certain cells, called memory B cells, continue to mature and strengthen for at least 12 months after a person is first infected with the virus.
The Globe asked a physician friend who works in a California hospital, about herd immunity, and he replied:
“Around January 10-12, 2021, cases in the states of California and Texas, and the entire U.S. all peaked with COVID cases. After those dates cases started to fall (as did hospitalizations) continuously to this day. By definition, more people were killing COVID than transmitting it. Period.”
“BUT wait a minute? Didn’t COVID go through the world like a wildfire in January, February and March of 2020? Yes because winter months promote transmission mostly by people staying inside. So why not this year? Because only one thing can explain this type of extensive drop in cases: herd immunity through natural infection. By January 10-12, 2021, less than 1% of the population was fully vaccinated.”
Herd immunity is the most important result of COVID-19 now.