A panel of three judges sided with the state’s prison system, the union representing its guards and Gov. Gavin Newsom in striking down the rule on Monday
, April 25. It would have made the COVID-19 vaccine mandatory for all of the California Department of Corrections and Rehabilitation’s over 66,000 employees.
“The department appreciates the court’s ruling and affirmation of the various measures we have taken in mitigating and responding to the COVID-19 pandemic, including access to vaccines for our staff and incarcerated population,” CDCR spokeswoman Dana Simas wrote in a statement Wednesday. Attorneys who had fought the mandate said it would have forced guards to receive “an unwanted medical procedure that cannot be reversed” in order to keep their jobs, according to court documents.
The parties arguing in favor of the mandate cancelled by the appellate court on Monday included Clark Kelso. He is the receiver tasked by the federal government with ensuring an adequate level of care for inmates in the wake of a Supreme Court ruling in 2011 stemming from extreme overcrowding in California’s prisons.
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