The trial of Elizabeth Holmes, founder of Theranos is being presided over by Edward Davila, a US District Judge.
Nine people were dismissed from the jury because they weren't vaccinated earlier this week.
Concerns about the health and well-being of jurors, as well as their families, were the reasons he used for his decision.
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Reuters reported Tuesday that the judge in Theranos' trial dismissed nine jurors because they weren't vaccinated.
The action was taken by US District Judge Edward Davila on Tuesday. He stated that he took this decision out of concern for the health and well-being of jurors and their families, according to Reuters.
The agency reported that both the defense and prosecution supported the decision.
Elizabeth Holmes, founder and CEO of Theranos. REUTERS/Stephen Lam
Reuters reported that jurors can be dismissed on the grounds of not having been vaccinated. This is within the court’s rights and could happen more often as courts resume in-person trials.
Hadar Aviram, a professor from the University of California Hastings College of the Law told Reuters that excluding people who have not been vaccinated could result in a jury that isn't representative of the general population.
A July poll by Axios/Ipsos found that white conservatives were more likely to resist getting vaccinated in the US.
Public information about the genders, ages and ethnicities of the jurors who were dismissed was not made available.
Bloomberg reported that Holmes trial witnesses included seven men and five ladies.
Next Wednesday, the trial's opening statements will be made.
Related video: How America's anti-vaccination movement grew
The Department of Justice charged Holmes, Theranos' founder, and Balwani, the former chief operating officer, with nine counts of wirefraud and two counts of conspiracy in 2018. The charges stemmed from allegations that they defrauded customers, investors, and medical professionals. Both have pleaded guilty.
According to Insider's Melkorka Lilicea, Holmes could be sentenced to up 20 years imprisonment if convicted.
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