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Justice is Blind. (Photo: Kevin Sanders for California Globe)

United States Supreme Court to Consider Intervening in San Diego Schools’ COVID Vaccination Mandate

Thomas More Society says California is blatantly discriminating against religious exemptions

By Katy Grimes, December 11, 2021 8:12 am

The family of a Scripps Ranch High School student athlete is suing the San Diego Unified School District for religious discrimination over the districts’ strictest-in-the-nation COVID-19 vaccine mandate. Thomas More Society attorneys filed suit against the school district and its Board of Education on October 22, 2021, in United States District Court, on behalf of the 16-year-old high school junior and her parents claiming that the Vaccination Roadmap violates her rights under the Free Exercise Clause of the First Amendment to the Constitution.

But it’s been a bumpy road. The Thomas More Society explains:

On November 18, 2021 the judge in the case denied our client a temporary restraining order without a hearing. On Friday November 19, 2021 the Thomas More Society filed a Plaintiffs-Appellants’ urgent motion for an injunction pending appeal, requesting relief by Monday, November 29, 2021.  On Sunday, November 28 the Ninth Circuit Court granted emergency injunctive relief pending appeal, which prevents the San Diego Unified School District’s (“SDUSD”) vaccine mandate from going into operation on November 29, 2021. The Court’s full ruling will follow shortly, but the Ninth Circuit panel focused on the “per se” deferral for pregnant students – which allows them to postpone vaccination for 9 months, even though SDUSD’s own medical “experts” recommend that pregnant women get vaccinated against COVID-19.

According to the Thomas More Society, the United States Supreme Court will now consider intervening in the case of a San Diego high school student who is suffering religious discrimination at the hands of the public schools.

Thomas More Society attorneys are representing the family of a Scripps Ranch High School student who is being denied her First Amendment right to a religious exemption under the San Diego Unified School District’s Covid-19 vaccination mandate.

Thomas More Society attorneys filed the emergency application with the U.S. Supreme Court Friday, December 10, 2021. That same day, the Supreme Court asked the San Diego Unified School District to respond to the Application by 3:00pm on December 16, 2021.

“Unlike almost every school district in the country, San Diego Unified School District requires its students to be vaccinated to attend classes in person,” said Paul Jonna, partner at LiMandri & Jonna LLP and Thomas More Society Special Counsel. “Yet, it provides secular exemptions for over 85% of its students. But it does not allow students any religious exemptions.”

At issue is how the healthy Scripps Ranch High School 16-year-old junior, who has already recovered from Covid-19, will be excluded from her classes and consigned to online classes and excluded from her high school athletics and other in-person activities – all because the school district refuses to recognize her First Amendment right to a religious exemption.

“In stark contrast to this student’s effective expulsion from her school and sports team,” Jonna added, “the San Diego Unified School District exempts tens of thousands of this student’s classmates (and many of her teachers) from the same mandate for secular reasons. Those students receiving medical exemptions, or being given delays as children of military personnel, foster children, migrant youth, and homeless children, or those under the age of 16 as of November 1, 2021, will be in class and not be required to have been vaccinated.” He also noted that teachers can apply for and receive religious exemptions.

“These tens of thousands of exempted students carry the same or greater risk of contracting and spreading Covid-19,” Jonna said, “yet they will continue to attend the same classes, with the same teachers, and participate in the same sports activities from which our client will be banished.”

“The San Diego Unified School District seems to believe that medical reasons, secular status, concerns about FDA approval, administrative convenience, and accommodation of adult consciences are important enough to justify allowing unvaccinated individuals to come to school,” said Jeffrey Trissell, attorney at LiMandri & Jonna LLP and Thomas More Society Special Counsel. “Yet a student with sincere religious beliefs is treated harshly and banned from in-person class and athletics. That discriminatory treatment triggers strict scrutiny under the Free Exercise Clause.”

Below is the Petition for Writ of Certiorari and Stay Pending Resolution, submitted to the United States Supreme Court on December 10, 2021:

Doe-v.-SDUSD-emergency-application-FINAL
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11 thoughts on “United States Supreme Court to Consider Intervening in San Diego Schools’ COVID Vaccination Mandate

  1. Anyone considered that this depopulation “clot shot” is designed to KILL people and lessen the population eligible to receive Social Security benefits???

    I believe that the Democrat government “officials” are THAT desperate and heartless to actually kill off the American populace, to cover their decades of mismanagement, and the Republicans have gone along with the raiding of the system as well over the years…

    It’s the only SENSIBLE reason why they’re so hell-bent on everyone getting shot up… except for the mentally insane WEF crowd and their “Build Back Better” mantra where they think they’re going to save the Earth from “existential threats of climate change” and Gates’ and Schwab’s desire to control everyone and everything via their nanobot injections…

    SERIOUSLY messed-up, regardless….

      1. Where do you you shameless bad-policy parrots come from? Besides Mom’s basement?
        It’s time to head upstairs now. Mom’s heating up Eggos for your lunch.

  2. Excellent news about the possibility of the U.S. Supreme Court intervening in this matter. We desperately need such cases going forward in this way to clarify and cement these fundamental civil rights issues, for all of us.

  3. Here is an easy action step for all of us, nobody excluded, just press print and address and stamp (78 cents) an envelope… all research provided courtesy of Dr David E Martin
    1. please go to his website https://www.davidmartin.world/
    2. click on: Attorney General Document
    3. download and print out the 5 pages
    4. Mail to:
    Attorney General Rob Bonta’s Office
    California Department of Justice
    Attn: Crimes Against Humanity Dept.
    P.O. Box 944255
    Sacramento, CA 94244-2550

    Add your own short note/ letter if desired
    “Dear Attorney General Bonta,”

    29:16 presentation by Dr. Martin, at 24:10 he explains the letter to US AG’s
    https://rumble.com/vql4ow-dr.-martin.html

  4. How much longer do we have to listen to these lies about there being a pandemic. Do you know how many people per day contract COVID in San Diego County over the past week? 3 people per 100,000. That’s not a pandemic. The politicians and main stream media are lying to you. It’s over. Give it up.

  5. The vaccine seems to be safe for most people. At least short term. The issue is long term. Nobody knows. That said, what we DO know is both vaccinated and unvaccinated get and spread covid. Experts say BOTH unvaxed and Vaxed carry equal viral loads. BOTH can be contagious and kill others more vulnerable, thus, ALL PEOPLE SHOULD BE TESTED AT SAN DIEGO COUNTY SCHOOLS, right? SD county schools is only testing unvaccinated employees! This is so reckless. You have vaccinated staff infecting unvaccinated and this COULD be prevented if they were mandating testing the VACCINATED staff! So dumb! And this from educators?
    They should be testing ALL employee since science shows vaccinated people get and are spreading COVID!!!!
    WHY AREN”T SCHOOLS TESTING THE VACCINATED? THEY ARE SPREADING COVID< TOO!!!! And NOBODY is testing them at San Diego County Schools!
    A study from the University of California, Davis shows vaccinated and unvaccinated people carry the SAME viral load when infected with covid-19. Essentially, “There was no significant difference in viral load between vaccinated and unvaccinated, or between asymptomatic and symptomatic groups.”
    In November of 2021, the FDA website tells us, “Help stop Covid-19 by getting vaccinated.” Yes, the FDA will have us believe that by getting vaccinated you can be a hero and help stop the spread of virus. Well put down your cape and unflex your arm because you may end up getting and spreading covid despite your vaccination status.

    Dec 21, 2021: “…vaccines are not 100% effective at preventing infection, some people who are fully vaccinated will still get and spread COVID-19.”
    People who get vaccine breakthrough infections can be contagious.
    June 26th, 2021
    According to the Centers for Disease Control and Prevention (CDC), there have already been 4,115 reported cases of fully vaccinated people being hospitalized or dying with Covid-19 coronavirus breakthrough infections.
    July 2021
    “Fully vaccinated people with Delta variant breakthrough infections can spread the virus to others.”
    Back in August of 2021, a pro-vaccine medical doctor wrote,
    “Remarkably, the CDC is still proclaiming that vaccine breakthrough infections are rare – but when normal people hear that their barber, their cousin’s husband, and seemingly half the New York Yankees’ starters have experienced breakthrough infections, they might assume the CDC is lying.”
    Vaccinated individuals should continue to wear face coverings in indoor and congregate settings, while also being tested for SARS-CoV-2 if they are exposed or experience COVID-like symptoms.

    https://www.medrxiv.org/content/10.1101/2021.07.31.21261387v3
    Source: https://www.forbes.com/sites/brucelee/2021/06/26/cdc-4115-fully-vaccinated-have-been-hospitalized-or-died-with-breakthrough-covid-19-infections/?sh=395f13d96993
    https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/why-measure-effectiveness/breakthrough-cases.html
    https://www.ucdavis.edu/health/covid-19/news/viral-loads-similar-between-vaccinated-and-unvaccinated-people
    Source: https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html
    https://www.realclearscience.com/articles/2021/08/23/lets_stop_pretending_about_the_covid-19_vaccines_791050.html#!
    https://www.fda.gov/consumers/consumer-updates/help-stop-spread-coronavirus-and-protect-your-family

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