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Maybe we’ll keep writing about Covid-19 cases as long as there is Covid-19. That’s a depressing thought. It is depressing because Covid-19 continues to harm so many lives, both in terms of destruction and diminution. It is also depressing because so many legal challenges to Covid-19 regulations are frivolous. You might even say those challenges

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We take a break from assembling Halloween costumes for the Drug and Device Law Little Rescue dogs – a UPS worker, complete with cardboard parcel, and Batwoman – for another great decision involving a plaintiff’s opposition to a vaccine mandate.  A number of recent blogposts have reported unsuccessful efforts by anti-vaxxers to enlist judicial support

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California is called the land of fruits and nuts, but the Harry and David Company – esteemed purveyor of fruits, nuts, and other delicacies – calls Oregon its home. Oregon gave us Tonya Harding and Ndamukong Suh. Oregon is also the only state besides New Jersey that forbids motorists from pumping their own gas.

We

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We’ll admit it: this post is written out of pure jealousy. Last week, Tauber authored a post on vaccines and set a record for DDL blogpost “hits.” It was a good, useful post, but we doubt all of the tens of thousands of hits came from legal scholars. The post made it to Reddit, and

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When we first wrote on public universities requiring COVID-19 vaccines, we wondered why there was any controversy.  The government has been requiring vaccines in public schools for decades, and the constitutionality of government vaccine requirements has been settled for more than 100 years.  Courts have agreed—including the Seventh Circuit, as we reported here.

But

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We reported two weeks ago on the poorly conceived and ill-fated attempt by students to enjoin a public university from mandating COVID-19 vaccines.  There simply is no fundamental right under the Constitution to refuse vaccination, which has been firmly established for more than 100 years.  Now the Seventh Circuit has agreed.

Let’s be candid about

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Sometimes judges save what they really want to say for the end of their orders; and sometimes, even when one side clearly and justifiably prevails in a lawsuit, there are no winners.  That is the sad tale of Doe v. Merck & Co., No. 16-CV-04005, 2019 WL 1298270 (E.D.N.Y. Mar. 21, 2019), which represents