A little more than a week after the initial deadline that required Nevada students to be vaccinated with the COVID vaccine to take part in in-person classes in the spring of next year, a UNR student has filed a lawsuit in federal court to stop the nationwide requirement.
Spokespersons for both UNR as well as The Nevada System of Higher Education stated that they had not yet received the lawsuit and were unable to comment. The governor’s representative announced on Wednesday his department had no comments related to the ongoing litigation.
The legal challenge to Nevada’s higher education requirement brought by 18-year-old plaintiff Jonah Gold –– mostly depends on the way the implementation is directly linked to the process of enrollment.
The Nevada State Board of Health unanimously approved a unanimity-approved college vaccine requirement in August. It requires students to verify their vaccination status or show that they have a valid medical or religious exemption prior to enrolling in classes in the spring semester that start on November 1st.
This decision was taken following months of deliberations behind the scenes over what public agency was legally able to issue such a directive. The final decision was that the Board of Health acted under state law, which requires vaccinations against other diseases like tetanus and rubella, measles, and mumps and also provides ample room for the Board of Health to add new vaccines as required.
The 1st of November was the discussed deadline to provide evidence of vaccination. It was the beginning of the time when students could apply to enroll in classes for the spring semester. Students at the seven institutions in Nevada who still need to do either vaccination or exemption must wait until the middle of January to finish the procedure.
The deadline of November appears to have led to Gold’s lawsuit. However, it also suggests that the mandate is in violation of the Equal Protection Clause of the 14th Amendment, by discriminating against students who have not been vaccinated and that requirement for COVID test jeopardizes the rights of the 4th Amendment to privacy.
The complaint bolsters these arguments with a series of false claims that challenge the effectiveness of the vaccine. It also asserts it is a matter of fact that COVID vaccine is a personal procedure and that the requirement does not respect bodily independence of Gold who has recovered quickly from Covid-19 thanks to naturally-occurring immunity.
The power of local and state authorities to enforce vaccine mandates has been widely secured by U.S. Supreme Court precedent. This includes a case that dates from 1905, Jacobson vs Massachusetts, where the court ruled that the mandate for vaccination against smallpox in Massachusetts was not in violation of the 14th Amendment.
The suit further calls the directive as an “unscientific choice” that “imminently puts at risk” Gold’s life due to obvious connections to heart diseases in the rare instances due to mRNA vaccinations and claims that it unlawfully separates Gold due to the threat of being quarantined.
Recent legal oppositions against COVID mandatory vaccines on the campus level have been the wall. It was the Supreme Court that declined a chance to stop an obligation for COVID vaccination at the University of Indiana in August.
And while most students are concerned with vaccinations and COVID restrictions, we shouldn’t forget about piles of assignments students have to submit on time. Fortunately, students can delegate their writing tasks to professional academic writers at StudyCrumb. Their experts can help with any academic assignment in a timely manner.
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