Showing posts with label Public Health. Show all posts
Showing posts with label Public Health. Show all posts

Eighth Circuit: B.W.C. v. Randall Williams

 

Recital of state's advocacy for vaccination on form required to be signed by those refusing to have their children vaccinated doesn't amount to compelled speech or place any incidental burden on speech.

The requirement to sign the form is a neutral requirement of general applicability that does not cause an increase in the perceived harm of vaccination.

No equal protection claim, as the requirement to sign the form is a general one.

As each individual aspect of the claim is without basis, the hybrid nature of the claim doesn't justify strict scrutiny.

B.W.C.  v.  Randall Williams

Seventh Circuit: Stephen Cassell v. David Snyders

 

Equitable factors counsel against granting a preliminary injunction when the religious practice or meeting size is not currently the subject of regulation with a live threat of enforcement.

Courts must consider the fine-grained details of a public health order's restrictions on the practice of religion when considering injunctions.

Appeal of denial of preliminary injunction requested on substantive grounds cannot be converted to a procedural due process claim.

State RFRA and other state law claims possibly precluded by 11A bar on injunction against state officials, mootness against particular parties, and possibly arise outside supplemental federal jurisdiction.

Stephen Cassell v.  David Snyders