Activist Judge?

A federal court in Texas dismissed a frivolous lawsuit by 117 hospital employees. The employees believe they have certain rights to refuse a workplace vaccination requirement. Judge Lynn N. Hughes, a Reagan appointee, said Plaintiffs had no case. Houston Methodist suspended 178 employees who refuse the vaccine requirement. Plaintiffs “misconstrued” the law and “misrepresented the facts” of vaccination.

“Equating the injection requirement to medical experimentation in [Nazi] concentration camps is reprehensible.”

Hughes denied plaintiffs’ arguments one-by-one.

On their argument that the requirement would force workers to somehow break the law:

“Receiving a COVID-19 vaccination is not an illegal act, and it carries no criminal penalties.”

On the claim that the medicine is “unapproved”:

“Federal law authorizes the Secretary of Health and Human Services to introduce into interstate commerce medical products intended for use in an emergency.”

The Hospital cannot force them. The Court agreed but held:

“This is not coercion. Methodist is trying to do their business of saving lives without giving them the COVID-19 virus. It is a choice made to keep staff, patients and their families safer.”

But it violates the employees’ due process rights. Nope. Safety trumps an employee’s right to work.

“Texas does not recognize this exception to at-will employment.”