Did US court rule that mRNA COVID-19 jabs are not vaccines?!

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Did the US Court of Appeals rule that mRNA COVID-19 jabs are not vaccines?! Take a look at the viral claims, and find out what the facts really are!

 

Claim : US Court Ruled That mRNA COVID-19 Jabs Are Not Vaccines!

Some people are sharing articles which claim or suggest that the US 9th Circuit Court of Appeals ruled that mRNA COVID-19 injections do not qualify as vaccines!

Alex Jones : Breaking! COVID mRNA Jabs Are NOT Vaccines, Court Rules

Senator Ron Johnson : Wow! A ruling by the 9th Circuit that makes sense.

Recommended : Are Residual DNA In mRNA Vaccines Dangerous?!

Did US court rule that mRNA COVID-19 jabs are not vaccines?

 

Truth : US Court Did Not Rule That mRNA COVID-19 Jabs Are Not Vaccines!

This is yet another example of fake news created / promoted by anti-vaccine supporters, and here are the reasons why…

Fact #1 : Appeals Court Did Not Rule That mRNA COVID-19 Jabs Are Not Vaccines

First, let me just point out that the US Court of Appeals for the 9th Circuit did not rule that the mRNA COVID-19 injections are not vaccines. You can read the court’s opinion for yourself – PDF.

In November 2021, the Health Freedom Defense Fund filed a lawsuit against the Los Angeles Unified School District, claiming that the COVID-19 vaccines are not actually vaccines, but are instead “medical treatments” and cannot be mandated.

That lawsuit was dismissed in 2022, so the case was never litigated. The Health Freedom Defense Fund appealed, which led to the June 7 decision by the US Court of Appeals for the 9th Circuit to reverse that dismissal.

This does not mean that the Health Freedom Defense Fund won the lawsuit. Two Trump-appointed judged on that three-judge panel ruled that the lower court was wrong to dismiss the case and that the school district’s “pattern of withdrawing and then reinstating its vaccination policies was enough to keep this case alive.

The court also said clearly that its decision to reverse the dismissal did not mean that the plaintiff’s allegations were true:

We note the preliminary nature of our holding. We do not prejudge whether, on a more developed factual record, Plaintiffs’ allegations will prove true.

To be clear – the US Court of Appeals did not rule that COVID-19 vaccines are not actually vaccines.

Recommended : Did Study Show COVID-19 Vaccines Can Worsen Cancer?!

Fact #2 : Court Has To Legally Accept Plaintiff’s Claims As True

It is customary for appellate courts to assume that the plaintiff’s allegations are accurate, as fact-finding has not yet occurred when a case was dismissed. As Doris Reiss – a professor at the University of California’s Collage of the Law explains:

The court said that since it must assume the plaintiffs’ claims are true, and since they are claiming COVID-19 vaccines just mitigate symptoms and do not prevent transmission, the case can go on to fact-finding.

It did not directly rule on whether the vaccines prevent transmission or just ‘mitigate symptoms.’

Fact #3 : LAUSD Can Appeal Again, Or Proceed To Court

According to CalMatters, the LAUSD school district can appeal the ruling to a larger panel of judges on the 9th Circuit.

If they don’t or the new ruling stands, then the lawsuit returns to the US District Court for Central California in Los Angeles for further arguments.

Regardless of what the school district decides, it will be quite some time before this lawsuit is settled one way or another.

Fact #4 : Vaccines Are Meant To Prevent Diseases

The CDC defines a vaccine as a “preparation that is used to stimulate the body’s immune response against diseases“.

COVID-19 vaccines are not a medical treatment because they have to be taken before you get infected, for the express purpose of training your immune system to build its own defences against an actual SARS-CoV-2 infection.

If COVID-19 vaccines are actually “medical treatments” as the plaintiffs are claiming, it would have been given after infection, not before.

The truth is – COVID-19 vaccines are true vaccines, and work by stimulating our body’s own immune system to create an immune response to the SARS-CoV-2 virus.

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Dr. Adrian Wong has been writing about tech and science since 1997, even publishing a book with Prentice Hall called Breaking Through The BIOS Barrier (ISBN 978-0131455368) while in medical school.

He continues to devote countless hours every day writing about tech, medicine and science, in his pursuit of facts in a post-truth world.

 

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