WATCH NOW: How to Take Legal Action Against Individuals Who Will Inject American Kids with mRNA Vaccines Post-CDC Recommendation

Monday, October 24th 2022 @ 6:30PM EDT

On Thursday, October 20, 2022, the U.S. Centers for Disease Control and Prevention (CDC) advisory committee on vaccines, Advisory Committee on Immunization Practices (ACIP), approved adding COVID-19 vaccines to the agency’s recommended immunization schedule for children. We will discuss their decision as well legal actions parents can take to protect their children. Please join us for this special presentation with Dr. Naomi Wolf and James Ostrowski.

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How to Take Legal Action Against Individuals Who Will  Inject American Kids with mRNA Vaccines Post-CDC Recommendation  

October 24, 2022  

Sponsored by DailyClout.io  

Panel: Dr. Naomi Wolf  

Attorney James Ostrowski, and Craig Klein.  

By James Ostrowski  

Buffalo, NY  

NY Bar (1984-2022)  

Member of the Bar, WDNY, SDNY, EDNY,  

Second Circuit Court of Appeals  

Notice: The information provided below does not, and is not  intended to, constitute legal advice; no attorney-client  relationship is implied or created. Instead, all information  provided is for general informational purposes only. Readers  should contact their attorney to obtain advice with respect to  any particular legal matter. No reader should act or refrain  from acting on the basis of this information without first  seeking legal advice from counsel in the relevant jurisdiction.  

 

Introduction 

   

On Thursday, October 20, 2022, the U.S. Centers for  Disease Control and Prevention (CDC) advisory committee on  vaccines, Advisory Committee on Immunization Practices (ACIP),  approved adding COVID-19 vaccines to the agency’s  recommended immunization schedule for children. This Webinar  will discuss their decision as well as legal actions parents can  take to protect their children.  

Legal Action Against the CDC  

 Since their recommendation is not binding on states and  localities, direct legal action against the CDC is unlikely to  succeed due to a lack of standing. Standing requires that you  prove that the agency action will directly harm you. 

When and if states adopt this recommendation and  mandate Covid-19 vaccinations for students, the following legal  options are available. 

Legal action against states that adopt the recommendation  and make it mandatory for students  

1. Federal lawsuit—causes of action 

• First Amendment—Religious Freedom 
• Fourth Amendment—violation of personal integrity • Fifth Amendment—due process 
• Ninth Amendment—fundamental right to liberty 
• Fourteenth Amendment—due process, fundamental  rights, parental rights, arbitrary and unreasonable use of  the police power 
• Guarantee of republican government—vaccine mandates  must be passed by the legislature if at all. 

1. State lawsuit—causes of action 
2. A. constitutional grounds— 

• separation of powers if the mandate is imposed     by regulation 
• due process—whether the mandate is “arbitrary,     conscience shocking or oppressive”. Serafin v.     Zucker, Albany Co. Sup. Ct. Index No. 908296-21   (12/9/2021) 

1. statutory grounds—judicial review of administrative action  

• Whether proper procedures were followed such  as publication and allowance for public comment.

• If public comment period is waived, an emergency would have to be proven.

• Was the regulation authorized by statutory law? 
• Whether the mandate is arbitrary and  capricious?

Litigation Strategy  

The legal precedent for vaccine mandates per se is  substantial. Even Justice Thomas admitted this in his dissent in  Biden v. Missouri stated: “Vaccine mandates also fall squarely  within a State’s police power, see Zucht v. King, 260 U. S. 174,  176 (1922).” So, I do not expect any challenge to a student  vaccine mandate to be decided on the law but the facts  themselves.  

We need to immediately start putting together a team of  expert witnesses on vaccines like we had with the anti-mask  lawsuits. The team must cover every aspect of the issue,  including the safety and efficacy of the vaccines, their impact on  the transmissibility of the virus, and the relatively small risk that  Covid-19 presents to young people. In my view, only our  complete mastery of the facts will allow us to win in state and  federal courts on either statutory or constitutional grounds. 

Pro Se Lawsuit Guide  

For a complete guide to filing civil lawsuits pro se, including  a draft complaint that can be modified to cover mandatory  vaccines, see— 

https://dailyclout.io/wp-content/uploads/Webinar-James-Ostrowski.pdf Strategic Overview  

As always during the Lockdown, the results of future  litigation are unpredictable. Judges have generally given  governments the legal benefit of the doubt in these cases, which  only reinforces the need to be right on the facts and refute the state’s expert witnesses and damage their credibility, including  by showing their ties to Big Pharma. 

That being the case, we should pursue a multi-pronged  strategy including political action, litigation if necessary and even  direct action. 

1. Political action  
2. voting for anti-mandate candidates  Here is a list of states electing a governor this year.  

Alabama, Alaska, Arizona, Arkansas, California, Colorado,  Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa,  Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota,  Nebraska, Nevada, New Hampshire, New Mexico, New York,  Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South  Carolina, South Dakota, Tennessee, Texas, Vermont, Wisconsin,  and Wyoming. 

The following states have stated they will not mandate  Covid-19 vaccines: 

Alabama  

Arkansas  

Florida  

Indiana  

Iowa  

Missouri  

North Dakota  

Ohio  

Oklahoma  

South Dakota  

Tennessee  

Utah  

Virginia  

The states most likely to pass a mandate are those that  have already mandated vaccines for school employees. These  states need to be the most closely watched: 

California  

Connecticut  

Delaware 

Hawaii 

Illinois  

New York  

Those in boldface have gubernatorial elections in two  weeks. One state where this issue may be decisive is New York,  where Lee Zeldin has come out against mandates while  Lockdown aficionado, Kathy Hochul, has waffled. That suggests  she is for them but is waiting till after the election to say so. It is  critical that Zeldin, the public and the media pin her down on this  issue before the election. Michigan, while not mandating  vaccines for school employees, is also a high risk state given its  governor’s draconian lockdown policies. That election is also  close. Vaccine mandates have also become an issue in Illinois’  surprisingly close race for governor. 

1. Lobbying the governor, legislature and state health and  education departments 
2. Legal Action  

• federal court lawsuit on federal constitutional grounds 
• state court lawsuit on state law and state constitutional  grounds 

Start putting together a team of top researchers and  scientists to pick apart the case for a vaccine mandate for young  people. 

Start to foil all documents relied on by the CDC in making its  recent recommendation to undermine the force of that  recommendation in court cases. 

III. Direct action  

• Pull your kids out of any institution that requires Covid-19  vaccines 
• Consider moving to a freer state as hundreds of thousands  have already done. 

Conclusion. To reiterate what I said during the webinar on  mask requirements, litigation is one useful way to fight back  against the Lockdown, but it should be integrated with numerous  other valuable strategies and tactics including political action,  voting, education, grand jury investigations, direct citizen action,  boycotts, walkouts, convoys and strikes.  

Litigation is difficult but not impossible. With a few  exceptions, the legal profession has been largely AWOL in  fighting back against the Lockdown. What we need is a good  team of lawyers across the country, working together with the  best experts on childhood vaccinations. 

I hope this Webinar will encourage the creation of such a  team of lawyers and medical and scientific experts to fight this  new threat to our children’s health. 

Jim Ostrowski is a trial and appellate lawyer and author from Buffalo, New York. He graduated from St. Joseph’s Collegiate Institute in 1975 and obtained a degree in philosophy from the State University of New York at Buffalo in 1980. He graduated from Brooklyn Law School in 1983 and has practiced law for more than 35 years, including many high-profile cases. He currently practices law in Buffalo, New York, and is the author of Progressivism: A Primer on the Idea Destroying America.