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Zywicki v. GMU

Did we achieve our litigation objective? Yes, Professor Zywicki was not required to submit to a vaccine mandate because the University backed down and granted him a waiver.

Court Outcome: Case dismissed once GMU changed its policy.

Larger Impact: This was just one of several lawsuits brought by NCLA on behalf of Americans subjected to arbitrary and capricious vaccine mandates, most of which lacked even a simple waiver for natural immunity (i.e., if a person had recovered from a previous infection and could demonstrate the presence of antibodies.

Summary: George Mason University (GMU) threatened students, faculty, and staff with disciplinary action including “unpaid leave or possible loss of employment” for faculty if they didn’t comply with the public university’s vaccine mandate.

NCLA filed a complaint in the U.S. District Court for the Eastern District of Virginia on behalf of Antonin Scalia Law School Professor Todd Zywicki against GMU’s unconstitutional reopening policy for the Fall 2021 semester. The policy required all unvaccinated faculty and staff members, including those who could demonstrate naturally-acquired immunity through recovery from a prior Covid-19 infection, to disclose their vaccination status as “a prerequisite for eligibility for any merit pay increases.” The policy could also have forced them into choosing between their health and personal autonomy and suffering serious detriment to their professional careers.

Prof. Todd Zywicki, Plaintiff

Jenin Younes
Litigation Counsel

Complaint for Declaratory Judgment and Injunctive Relief

August 3, 2021 | Read More


George Mason Univ. Caves to NCLA’s Lawsuit over Vaccine Mandate, Grants Prof. Medical Exemption

August 17, 2021 | Read More

NCLA Sues GMU Officials Over Their Refusal to Recognize Prof.’s Naturally-Acquired Covid Immunity

August 4, 2021 | Read More


Why I’m Suing Over My Employer’s Vaccine Mandate

May 15, 2023

NCLA Sues GMU Officials Over Their Refusal to Recognize Prof.’s Naturally-Acquired Covid Immunity

Cheddar News

February 7, 2023

University System of Maryland among schools facing vaccine lawsuit

Fox 5

February 7, 2023

Stronger, More Robust Natural Immunity Thwarts Any Case for “Vaccine Passports”


February 7, 2023

University of California doctors challenge its COVID vaccine mandate as irrational

Just the News

February 7, 2023




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