Federal Law Prohibits COVID-19 Vaccine Mandates

Vials containing the Moderna COVID-19 vaccine sit on a table in preparation for vaccinations at Kadena Air Base, Japan, Jan. 4, 2021. As part of the DoD strategy for prioritizing, distributing and administering the COVID-19 vaccine, those providing direct medical care and emergency services will be prioritized to receive the vaccine at units based in Japan, including Kadena AB. (U.S. Air Force photo by Airman 1st Class Anna Nolte)
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This will be a legal nightmare unless it is settled once and for all by a higher court, but federal law makes it clear that Emergency Use Authorization (EUA) drugs may not be mandated by employers. Further, your opt-out choice may not be used to discriminate against  you. ⁃ TN Editor

Despite what some vaccine law “experts” have been saying, for the time being no one, including employers, can force a COVID-19 vaccine on anyone.

This is because the current vaccines being used in the U.S. have not been formally approved by the FDA. Rather, they’ve only received an emergency use authorization (EUA) while clinical trials continue.

Ever since the Food and Drug Administration granted emergency use authorization for two new vaccines, employers, schools, and other organizations are grappling with whether to require Covid-19 vaccination.

While organizations are certainly free to encourage their employees, students, and other members to be vaccinated, federal law provides that, at least until the vaccine is licensed, individuals must have the option to accept or decline to be vaccinated.

Knowing what an organization can or cannot do with respect to Covid-19 vaccines can help them keep their employees, students, and members safe and also save the them from costly and time-consuming litigation.

Much remains unknown about the safety and efficacy of the vaccine

Even though the FDA granted emergency use authorizations for the Pfizer/BioNTech and Moderna vaccines in December 2020, the clinical trials the FDA will rely upon to ultimately decide whether to license these vaccines are still underway and are designed to last for approximately two years to collect adequate data to establish if these vaccines are safe and effective enough for the FDA to license.

The abbreviated timelines for the emergency use applications and authorizations means there is much the FDA does not know about these products even as it authorizes them for emergency use, including their effectiveness against asymptomatic infection, death, and transmission of SARS-CoV-2, the virus that causes the disease.

Given the uncertainty about the two vaccines, their EUAs are explicit that each is “an investigational vaccine not licensed for any indication” and require that all “promotional material relating to the Covid-19 Vaccine clearly and conspicuously … state that this product has not been approved or licensed by the FDA, but has been authorized for emergency use by FDA” (emphasis added).

EUAs are clear: Getting these vaccines is voluntary

The same section of the Federal Food, Drug, and Cosmetic Act that authorizes the FDA to grant emergency use authorization also requires the secretary of Health and Human Services to “ensure that individuals to whom the product is administered are informed … of the option to accept or refuse administration of the product.”

Likewise, the FDA’s guidance on emergency use authorization of medical products requires the FDA to “ensure that recipients are informed to the extent practicable given the applicable circumstances … That they have the option to accept or refuse the EUA product …”

In the same vein, when Dr. Amanda Cohn, the executive secretary of the CDC’s Advisory Committee on Immunization Practices, was asked if Covid-19 vaccination can be required, she responded that under an EUA, “vaccines are not allowed to be mandatory. So, early in this vaccination phase, individuals will have to be consented and they won’t be able to be mandatory.” Cohn later affirmed that this prohibition on requiring the vaccines applies to organizations, including hospitals.

The EUAs for both the Pfizer/BioNTech and Moderna vaccines require facts sheets to be given to vaccination providers and recipients. These fact sheets make clear that getting the vaccine is optional. For example, the one for recipients states that, “It is your choice to receive or not receive the Covid-19 Vaccine,” and if “you decide to not receive it, it will not change your standard of medical care.”

Read full story here…

About the Author

Patrick Wood
Patrick Wood is a leading and critical expert on Sustainable Development, Green Economy, Agenda 21, 2030 Agenda and historic Technocracy. He is the author of Technocracy Rising: The Trojan Horse of Global Transformation (2015) and co-author of Trilaterals Over Washington, Volumes I and II (1978-1980) with the late Antony C. Sutton.
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Leila Parello

Thank you for bringing to light the place of the law within all the confusing information we hear!

Kris

Good to know. I’m not taking it at this point without the full clinical trials and maybe even not then.

Sevan

What happens when they go for BLA.
Biological license Application? They are going to push for that shortly for full approval of this experiment.

Melody Luecke

Thankyou!!!! Patrick for your hard work. Much appreciated!!

Clark Harrell

Patrick is a hero! Fight. Fight. Fight this totalitarian evil.

Alfred

How can Fauci and the MSM repeatedly get away with saying the vaccine is safe and effective, when it has not been completely tested?

Stephen Billiter

They think they’re getting away with it, but they are not–known liars never prosper

Pete Lincoln

The problem is Pfizer announced they are applying for approval in April and word is that FDA plans to grant it in July

S Big

What about the Nuremberg law that prohibits any person to be subjected to any vaccine or cruel and unjust treatment? Is it true that we can use this law for our protection if and when these vaccinations become mandatory?

Grant

Australia’s Therapeutic Goods Administration has Provisionally approved Pfizer and AstraZeneca from what I read is still in the Human Trial this time for 2 years. Is Provisionally Approved like EUA anything Experimental is done by “Informed Consent”? Would that also mean that Airports or Employers can not make it Mandatory or use any type of Digital App Passport to prove that you got the Covid 19 Synthetic Genetic injections? Could Australia Government and Health Officials be up for Nuremberg Code for Crimes against Humanity? Here is a thought what if all Vaccines that is used on Babies to Adults is… Read more »

Dakai Yanjing

Be prepared for them to change the law as it suits them. Even now, they persist in restarting the Emergency Use clock every 90 days, despite that this disease is only slightly more deadly than influenza which is not regarded as a national or global emergency. We should not regard any government or public health or educational organization as having objectives in the best interests of humanity at this point.

Erik Nielsen

Meaning everybody will be happy when these “vaccines” are authorised, approved and mandated to everyone everywhere,…….and you own nothing??