Louisiana Supreme Court Also Weighs in on Vaccine Mandates

By Woody Jenkins, Editor, Central City News — NEW ORLEANS ––  Last week’s ruling by the Louisiana Supreme Court says that Louisiana health care providers can impose a vaccine mandate on their employees — seemingly ending the controversy over vaccine mandates for health care workers in Louisiana.  

But that is far from the truth!  The case was very unusual in that the plaintiffs — the physicians and nurses suing Ochsner’s and others — stipulated something that simply wasn’t true.  They stipulated that the hospitals they were suing are strictly private parties, not state actors.  The court ruled that since the hospitals were stipulated as private parties, the Right to Privacy provisions of the Louisiana Constitution provide the doctors and nurses no protection.  

The intent of Article 1, Section 5 (Right to Privacy) of the state constitution is to prohibit the state from violating citizens’ Right to Privacy.  However, in reality, these large hospitals are in fact state actors.  For example, Ochsner’s receives over $100 million a year from the state and in mandating vaccines, it was acting on behalf of the Biden Administration.  

As Jimmy Faircloth, the attorney for the plaintiffs, said, another group of physicians and nurses can go into court next week and file suit against the very same hospitals and have an excellent chance of winning.  But they will need to allege that Ochsner’s and the others have been acting on behalf of the government and therefore that the State of Louisiana is violating the Right to Privacy of the plaintiffs.  

If that case is made, the court will need to review these vaccine mandates in an entirely different light. Just bear in mind that this decision only relates to wholly private employers, not the state or employers acting on behalf of the state. 

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