Thursday, December 13, 2018

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.

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