CHD Appeals Dismissal of Lawsuit Challenging Rutgers’ Vaccine Mandate

The court should not have dismissed a lawsuit filed last year by Children’s Health Defense (CHD) and 13 students challenging Rutgers University’s COVID-19 vaccine mandate policy, according to the plaintiffs’ attorneys.

In a reply brief filed March 2 in the U.S. Court of Appeals for the 3rd Circuit, attorneys for CHD and the students argued the district court erred when it dismissed the case.

The appeal disputed whether, as a university, Rutgers has the authority to mandate vaccination. It also challenged the dismissal on the basis of informed consent, contesting the notion that an experimental drug can be mandated at all.

After CHD appealed the ruling in January, Rutgers and CHD filed reply briefs. The court may next set up a panel to hear oral arguments, but it can issue a decision at any time.