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SOUTHEAST TEXAS RECORD

Sunday, April 28, 2024

NCLA & TPPF file class-action for naturally immune federal employees against COVID vaccine mandate

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DC – Federal workers with naturally acquired immunity to COVID-19 have filed a class-action lawsuit  against their employer, the U.S. government, as well as Dr.  Anthony Fauci and other members of the Safer Federal Workforce Task  Force, the group designated to act as the intermediate enforcer of the  executive order mandating that all federal employees get vaccinated, a press release states. 

The  lawsuit, James Joseph Rodden, et al. v. Dr. Anthony Fauci, et al., 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, contends that the Federal Employee Vaccine Mandate  violates employees’ constitutional and statutory rights. The Texas  Public Policy Foundation, a nonprofit, nonpartisan research and  educational institution based in Austin, Texas, serves as co-counsel in  the case.

The named plaintiffs in this case are employed by government agencies  including the Department of Homeland Security, the Department of  Transportation, the Department of Agriculture, and the U.S. Secret  Service. All possess naturally acquired immunity as confirmed by recent  SARS-CoV-2 antibody tests and a medical expert. In addition to James  Rodden, they include: Isaac McLaughlin, Gabriel Escoto, Michelle Morton,  Waddie Jones, Ryan Biggers, Carole Mezzacapo, Edward Surgeon, Susan  Reynolds, Roy Egbert, and George Gammon.

The Executive Order issued by the Biden administration in September proclaims that “it is  necessary to require COVID-19 vaccination for all Federal employees” to  halt the spread of the disease. NCLA argues the Vaccine Mandate  undermines Plaintiffs’ constitutional rights to bodily integrity and to  decline medical treatment, and their statutory right to withhold  informed consent. It conditions their employment on their willingness to  take a vaccine that is medically unnecessary for them given their  existing antibody levels. Their proof of antibodies demonstrates  sufficient natural immunity to protect their co-workers as well or  better than approved vaccines for COVID-19.

The federal government does not consider employees fully vaccinated  until two weeks after receiving a single-shot series or the second dose  of a two-shot series. They must get the vaccine by November 8 to  comply with the Vaccine Mandate. Those who do not comply with the  looming, aggressive deadline face potential disciplinary action,  including termination of employment. As established through their  declarations, several experts attest that it is medically unnecessary for these individuals to undergo vaccination at this point. Though the  COVID-19 vaccines appear to be relatively safe at a population level,  they still carry a risk of side effects, including severe adverse  reactions and even death in rare cases. And once administered, there is  no way to un-vaccinate someone.

Given naturally acquired immunity, the Federal Defendants cannot  establish a compelling governmental interest in overriding Plaintiffs’  constitutional rights and personal autonomy by making their continued  employment contingent upon their receiving a COVID-19 vaccine. The  Federal Vaccine Mandate also violates the Emergency Use Authorization  law, which allows the government to authorize drugs that have not yet  received full FDA approval and make them available to people who want  them, on a strictly voluntary basis. The statute specifies that patients  have a right to informed consent and to refuse administration of an EUA  drug. But the Task Force has turned a permissive procedure to get  possibly helpful drugs on the market in a crisis into an unlawful  mandate.

Plaintiffs request temporary and permanent injunctive relief from the  Federal Employee Vaccine Mandate, and a declaratory judgment that the  mandate infringes upon their constitutionally and statutorily protected  rights.

NCLA and TPPF released the following statements:

“The rational goal of any vaccine policy is to foster immunity.  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?”

— John Vecchione, Senior Litigation Counsel, NCLA

“The federal government has joined the vast majority of employers who  have implemented vaccine mandates by refusing to carve out exceptions  for employees who can demonstrate that they possess naturally acquired  immunity. This scientifically unsound refusal effectively forces federal  workers to subject themselves to an unnecessary medical procedure,  violating their rights to bodily autonomy and to decline medical  interventions under the United States Constitution.”

— Jenin Younes, Litigation Counsel, NCLA

“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, General Counsel, TPPF

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