Saturday, February 27, 2021

Q & A: Mandatory Vaccines Legal Issues And Silencing Safety Questions

Silencing Vaccine Safety Questions + State Lawmakers Move to Block Vaccine Mandates + More

In “This Week” with Mary Holland, Children’s Health Defense president and general counsel, and Polly Tommey, co-producer of “Vaxxed,” Mary and Polly discuss the latest COVID vaccine-related headline news, including the White House’s plan to work with social media companies to silence vaccine “misinformation” … and more.

Polly: Next headline: “Assessing The Legality Of Mandates For Vaccines Authorized Via An Emergency Use Authorization.”

Mary: So, I really put this in the queue for this week, Polly, because for me as a lawyer, that’s a very exciting article in this very mainstream and prestigious health law journal. It basically is by this prominent physician and a law professor, and they come to the same conclusion that lawyers in our community, and I have come to, which is that based on federal law, emergency use authorization mandates by employers or institutions or states or the military are unlawful. They’re illegal. And they’re illegal because forcing somebody to be a subject in a scientific experiment is absolutely illegal. That’s where we came to after World War II with the Nuremberg code. 

Mary: And so their analysis is slightly different than the one that Greg Glaser and I published in The Defender about, can the federal government force you to take an EUA vaccine? But their analysis is excellent. And I think very strong confirmation that good lawyers will see this as unlawful. And this is being litigated. I know that Informed Consent Action Network and Aaron Siri’s firm are working on EUA mandates right now as are some other lawyers. And I think that we will prevail in those cases. And that’s very important. You can’t be forced to take an experimental product when nobody knows what the side effects are going to be. 

Polly: And then that moves to some … Well, there wasn’t any move to sticking with that. The Daily Mail headline was bosses begin drafting no jab no job contracts to force staff to get vaccines despite lawyers warning they will likely be challenged in court. The vaccine minister, yes, we do have a vaccine minister in Britain says, however, it’s up to businesses. So they’re not … I mean there is also the media really going to town on this. 

Mary: Well, it’s so interesting, Polly, because I really do think what governments around the world are doing is they’re letting the private sector do the dirty work. The government doesn’t want the push back. They don’t want to have to assume the obligation of enforcement. And so, they are casting off that job to increase vaccine uptake to the private sector. But you also sent us a terrific video link to ITV News that was on Facebook. And there’s an excellent interview with a UK attorney. And she explains that a mandate for the jab on the job in the UK, no jab, no job, is going to be contested. There is going to be case law, and she thinks it would be unlawful because Parliament hasn’t issued a law on this. 

Mary: And so, when you look at the public health laws on the books and you look at the anti-discrimination laws on the books, in her view, it’s going to be unlawful. So I thought that was a very interesting perspective, but the new phrase, no jab no job, and in the US context, we read another article where Dorit Reiss, a prominent pro-vaccine lawyer commentator saying that it’s unclear. It’s unclear whether these mandates now before these vaccines are licensed will be upheld. But for sure, this is already in the courts, Polly, and we will have answers to this in the UK and the US and in Europe.

Polly: And then the NBC News — just mentioning their headline again — the headline was: “Vaccination Mandates? Some State Lawmakers Want to Block Vaccination Requirements.” Early in February, three bills were defeated in North Dakota. Bills aimed to block businesses from requiring their employees to … or customers to get coronavirus vaccinations. North Dakota is not the first state to take up the issue of requiring vaccination. Others around the country are looking at whether new legislation can or should mandate COVID-19 vaccine. So, the world’s really … this could be really interesting to watch. Just could be how … 

Polly: So don’t settle people. I was speaking to some people in England, some young people who are panicking they’re going to lose their job and thinking they may just have to get the vaccine because they don’t want to lose their job. And I told them — sit back and wait. People are going to fight this for you. 

Mary: Absolutely, 100%. Polly, and we got more stories that sort of reinforce that. That some very credible mainstream spokespeopleare saying this may be over by April. 

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