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
- 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.
- State lawsuit—causes of action
- 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)
- 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.
- Political action
- 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.
- Lobbying the governor, legislature and state health and education departments
- 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.