WSJ Op-Ed: Why I’m Suing Over My University’s Vaccine Mandate

Following up on my previous posts (links below):  Wall Street Journal op-ed:  Why I’m Suing Over My Employer’s Vaccine Mandate, by Todd Zywicki (George Mason):

In a few weeks I will begin my 24th year as a law professor at George Mason University. Last year I volunteered to teach in person, even though I’m in my 50s. Teaching law is my job and I owe my students my best. I also knew I could do it safely. During the spring of 2020 I contracted and recovered from Covid-19, which I later confirmed through a positive antibody test. Multiple positive antibody tests have since confirmed that I continue to have a robust level of immune protection.

But now my employer, a state institution, is requiring Covid vaccines. In my case, vaccination is unnecessary and potentially risky. My only other options are to teach remotely or to seek a medical exemption that would require me to wear a mask, remain socially distanced from faculty or students during, say, office hours, and submit to weekly testing.

It would be impossible for me to perform my duties to the best of my ability under such conditions. The administration has threatened those who don’t submit with disciplinary action, including termination of employment. This week the public-interest lawyers at the New Civil Liberties Alliance filed suit on my behalf, challenging the university’s mandatory vaccination requirement for those with naturally acquired immunity. This coercive mandate violates my constitutional right to bodily integrity for no compelling reason. ...

If I were not already naturally immune to Covid, I would have long ago gotten vaccinated at the first opportunity. But for those of us who have acquired natural immunity, vaccination provides none of the benefits of vaccination with all of the costs.

Prior TaxProf Blog coverage:

• Law Prof With Natural Immunity From Bout With COVID-19 Fights George Mason's Vaccine Mandate: No Shot, No Raise (Aug. 3, 2021)
• Law Prof Sues George Mason University For Exemption From Vaccine Mandate For Those With Immunity From Prior Bout With COVID-19 (Aug. 7, 2021)