Anti-Vaxer Benchslap II!

Love v. State Dep’t of Ed., No. C086030 (D3 Dec. 6, 2018)

The Court of Appeal slaps down another constitutional challenge to the repeal of the personal belief exemption to child vaccination laws. The constitutionality of vaccination laws has been upheld by the California Supreme Court for over a hundred years. Of course, the Anti-Vaxers didn’t bother to cite any of those cases in their AOB. Ignoring controlling legal precedent is, it would seem, in the same genus of sophistry as ignoring overwhelming scientific consensus. Except that former Rule of Professional Conduct 5-200 (and, as of November 1, new Rule 3.3(a)(2)) says that attorneys don’t get to live in a legal land of their own creation. And the Court here, rightly, calls them out for it.

Affirmed.

Anti-Vaxer Benchslap!

Brown v. Smith, No. B279936 (D2d Jul. 2, 2018)

Talk about calling bullshit. The Court here took judicial notice that the factual allegation at the core of Plaintiffs’ theory was false and thus that it didn’t need to be taken as true in their complaint. Because Plaintiffs are antivaxers. And because it is not really debatable, California courts have been taking judicial notice of the fact that vaccines are safe and effective since 1925. Which pretty much dooms plaintiffs’ case, in which they claim that their nonsensical anti-scientific feelings give them a constitutional right for their kids to spread measles to other kids in Disneyland. 

Affirmed.