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 The lawsuit was filed in the U.S. District Court for the
Southern District of Texas by the New Civil Liberties Alliance, a nonpartisan,
nonprofit civil liberties group, and the Texas Public Policy Foundation on
behalf of 11 individuals.
Those named in the lawsuit include Dr. Anthony Fauci, Chief COVID Response
Director of the National Institute of Allergy and Infectious Diseases, and over
20 officials including cabinet heads, as well as several task forces and several
federal agencies. They include the U.S. surgeon general, director of CDC and OPM,
the secretaries of the departments of Veteran’s Affairs, FEMA, FPS, OMB, Secret
Service, USGA, among others.
The plaintiffs argue the federal employee vaccine mandate violates federal
employees’ constitutional and statutory rights, including their right to body
integrity, to decline medical treatment, and to informed consent.
Those suing are federal employees who have acquired natural immunity after
contracting COVID-19 and survived. They work for the Department of Homeland
Security, the Department of Transportation, the Department of Agriculture and
U.S. Secret Service.
The executive order issued by Biden in September states, “it is necessary to
require COVID-19 vaccination for all Federal employees” to stop the spread of
the coronavirus. The mandate requires federal employees to receive the vaccine
even though it does not stop the spread of the coronavirus and natural immunity
has proven to be more effective, the plaintiffs argue in the lawsuit. The
plaintiffs’ level of antibodies demonstrates sufficient natural immunity to
protect them, their co-workers and others as well or better than experimental
COVID shots, they argue.
“The rational goal of any vaccine policy is to foster immunity,” John Vecchione,
senior litigation counsel at NCLA, said. “Vaccinating the already immune on pain
of unemployment is as arbitrary and capricious an agency action as can be
imagined. If your federal employer can do this, what other medical procedures
can they impose on federal workers for zero health benefit just because they
want to? Can they impose liposuction for the overweight or take spare kidneys
for other workers in need?”
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The federal government doesn’t consider employees
fully vaccinated until two weeks after receiving a single-shot
series or the second dose of a two-shot series. However, this could
change in light of the push by the federal government for the fully
vaccinated to receive a third booster shot, or additional booster
shots. The deadline to receive the two full doses
was Monday, Nov. 8. Those who didn’t comply by the deadline face
potential disciplinary action, including termination of employment.
Several health experts attest that it’s medically unnecessary for
those with natural immunity to receive the vaccines. Because the
federal government cannot establish a compelling governmental
interest to override the plaintiffs’ constitutional rights and
personal autonomy, their attorneys argue, they should not be forced
to take them.
Additionally, the vaccine mandate violates the federal law that
establishes access to the vaccine to begin with: Emergency Use
Authorization. The statute allows the federal government through a
presidential executive order issuing a state of emergency to then
allow other federal medically-related agencies to authorize drugs
that have not yet received full FDA approval solely on a voluntary
basis. The statute specifically states that individuals may refuse
administration of an EUA drug and that they must receive informed
consent. The administration and the task force are violating federal
law by making a voluntary drug mandatory, the plaintiffs argue.
“Our lawsuit seeks to vindicate our Clients’ constitutional rights
to bodily integrity, informed consent, and to remain free of
unnecessary and unwanted medical treatment. Under no circumstances
should the federal government command Americans to undertake a
medical treatment they don’t want,” Robert Henneke, TPPF general
counsel, said. The plaintiffs have asked the court
to grant temporary and permanent injunctive relief as well as a
declaratory judgment.
A federal court in New Orleans on Saturday granted a stay against
the Biden administration's private sector mandate in response to a
lawsuit filed by Texas, Louisiana and several other states.
Despite Saturday’s ruling, the Biden administration says it is
confident the mandate will ultimately be upheld. |
