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Federal judge rejects bid to block Oregon vaccine mandate

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PORTLAND, Ore. (AP) — A federal judge on Monday denied a last-minute bid by more than three dozen state employees, health care providers and school staff to temporarily stop the state’s COVID-19 vaccination mandate.

U.S. District Judge Michael H. Simon rejected their motion for a temporary restraining order, marking the first federal judge’s ruling after several state court decisions thwarting similar efforts to block Oregon Gov. Kate Brown’s and the Oregon Health Authority’s power to require that certain workers to get the vaccines or risk losing their jobs, The Oregonian/OregonLive reported.

At least 10 vaccine mandate challenges have been filed in state and federal courts since September.

“In the middle of a global pandemic while infections and hospitalizations continue at high rates, Plaintiffs are not likely to succeed in showing that their individual interests in remaining unvaccinated outweigh the State’s interest in public health and welfare,” the judge wrote in a 55-page opinion.

State workers have had two months to prepare for the governor’s deadline to be fully vaccinated, which came Monday for about 5,000 employees. It originally extended to about 43,000 executive branch employees, but the deadline for most is now Nov. 30 following negotiations with government employees’ unions.

The judge found the plaintiffs failed to show they will be irreparably harmed by the vaccine mandate. While he said some state employees may face firing for failure to be vaccinated, he added that “it’s still only money,” and they can get their job back or pay reinstated if they prevail in the case at a later point.

Among the 42 plaintiffs are nurses, doctors, teachers and school athletic coaches including a LifeFlight paramedic, a hospice nurse, dental hygienist and pharmacist.

Attorney Stephen J. Joncus, representing the plaintiffs, argued that they have a constitutional right “not to be coerced into taking experimental medication,” citing the 14th Amendment and the Nuremberg Code, which is a set of ethical principles for human experimentation.

The plaintiffs’ arguments that the vaccines are dangerous or experimental, the state’s lawyers said, are not supported by the top medical and public health authorities in the nation.

Simon noted the vaccine mandate offers state employees choices: either get the vaccine, apply for a religious or medical exception or find a job elsewhere including out of state.

“Plaintiffs have not shown that the international community collectively condemns this type of choice as the type of coercion that falls within the prohibition of the Nuremberg Code, particularly during a global pandemic and when the vaccine is FDA-authorized,” Simon wrote.

The judge’s ruling does not end the lawsuit. It allows state enforcement of the vaccine mandates as the case proceeds.

The Associated Press

Comments

28 Comments

  1. Soooooo much losing!!! Must be one of big fat failed and fired donnie the orange snowflake’s lawyers!!! “Only the best and the brightest”!!!! ROTFLMAO!!! Sadly these poor trump kooks are out of a job AND unemployment benefits AND however much money the got swindled out of by their “patriot” lawyer!!! But they are free!!! Soooooo much freedom to wreck your life over conspiracy theories!!! Should have seriously stayed in school!!

    1. Herr, Trump has nothing to do with this, he isn’t even in office, Biden is the President he is the one mandating the jab, wake up, it is people like you why all this is happening. If you knew what was in the jab, you wouldn’t be writing here. You are so unaware, wake up do some research.

    2. I am confused, what does this have to do with Trump? How has anyone lost? Anyone who does not want the vaccine and wants to keep there job has been granted a religious exemption. My family has, shoot, my wife just got offered a new job in her medical field and she told the new company that she was granted a religious exemption and thanked them for the job offer assuming that was the end. There reply was, “we will grant you a religious exemption also to come work for our team”. So anyone who wants to keep there job just gets a religious exemption, so I am confused how anyone who is a “trump kook” is unemployed? My family is still free, we dont wear masks, we are not vaccinated, I make 6 figures a year, my wife is deciding between two major medical companies and both are offering vaccine exemptions. I dont think we are living on the same planet with the things you post Herr.

      1. Wanted to add we wear face shields to be respectful to businesses that require a face covering. We prefer them over masks but I wanted to make the point we are still respectful in our “freedoms” Herr.

        Cheers Herr, hope you are having a good day!

      2. Wow! That must be an awesome fantasy for you!! All part of being a trump kook, make it up as you go!!! ROTFLMAO!!! Soooooo much BS for the trump borg!!! Too funny!!!

      3. Not all that surprised you’re “confused” it’s just so complicated for the trump borg!!!! Let me explain. Get vaccinated = keep your job!!!!

          1. Not surprised you’d rather not hear about your totally failed and fired dear leader!!ROTFLMAO, soooooo much losing for the failed trump borg!!!!

    3. So exactly does Orange man have to do with this? This belongs to the current administration. Red or Blue both are to blame. Your one of the commentators that happens to be around when ever it appears to be left or right. You don’t seem to have an open mind about this situation. Regardless, a person should have the right of choice. Where we are headed is less public service and more crime, you are for more crime by your posts????

    1. Yep, nice and simple, perform the duties and actions legally required by your employer or hit the road. Regressives believe it’s way better if employees get to pick and choose which employer directives to follow!!! ROTFLMAO!!

    1. Apparently these trump kooks have plenty of money to waste on totally failed lawsuits, lost jobs, no unemployment benefits. Just like their dear leader!!! Poor trump kooks will believe and do anything big fat failed and fired donnie the orange snowflake tells them to. It’s what they call “freedom “!!!! Soooooo much losing for nothing!!!!

    2. He ruled that they aren’t likely to prevail in court, so there’s no justification for him to issue a temporary restraining order. Losing money in the meantime is not sufficient justification. If somehow they do end up winning in court, they’ll get that money back and then some.

      1. You are correct. These issues have been previously decided. In general the government’s police power trumps (no pun or political commentary meant) individual rights during a declared emergency.

    1. They can. It’ll have to be revisited by SCOTUS, though. If the state wanted, they could fine or even imprison people who didn’t get vaxxed according to the latest relevant SCOTUS ruling. So they certainly can require it to work or participate in certain venues–that’s easy in comparison.

  2. And here come the economic crash…lol yes its finally here. Prices rising, taxes will be soon if the dems keep spending. People losing jobs over a “vaccine” that doesn’t prevent anyone from getting sick or transmitting covid. Won’t be long and people will be standing in line to get their rations issued by the government. Yes! So excited.

  3. Just today the US Supreme court refused to block a Maine law that mandated a vaccine shot for some state workers. I think the judge in this Oregon case ruled consistently with prior case law and is probably in line with any future rulings by the Supreme Court.

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