Last week, a three-judge panel on California’s Second District Court of Appeals revived a case brought by a group of Los Angeles firefighters who challenged the City of Los Angeles’ Covid-19 vaccine mandate. The decision reversed a lower court’s ruling that dismissed the case because the judge found the firefighters’ allegations regarding the safety and efficacy of the Covid shots implausible, ignoring the settled rule that, at the pleading stage, judges must accept all factual allegations as true. …

Although unpublished, the appellate court’s 53-page opinion marks a pivotal moment in the fallout from Covid policy.

[Scott Street represented the appellants in this case, in which the state appellate court reversed the earlier loss. Presumably this will go to the state supreme court for final adjudication, even though the “emergency” is clearly over. The Left wants to preserve the opportunity for emergency rule, and wants no firm precedent that might prevent the next “medical tyranny,” as Street puts it. — Ed]