Saturday, February 20, 2021

Can employers mandate Covid vaccinations?

The 2 Covid vaccines currently available in the US are experimental unlicensed products. As such, they cannot be mandated.  The Nuremberg Code and subsequent laws guarantee your right to choose whether to be an experimental subject.  Although it may advantage some entities to have you think otherwise, an experimental product is an experimental product. These vaccines have not been approved by the FDA, they are unlicensed, and so they are experimental. And therefore you cannot be forced to be injected with an experimental product. Legally, no coercion may be applied. You have the right to informed consent.

The vaccines were "authorized" under emergency laws that require limited data.  The Johnson and Johnson vaccine will be coming up for a similar authorization, not a license, this coming week.  Once authorized, it too will be an experimental product. These products are given Emergency Use Authorizations (EUAs) by FDA, and the clinical trials for each vaccine are ongoing.

You have not seen the federal government, nor any state mandate these vaccines for schoolchildren, healthcare workers or anyone else.  That is because the government knows that legally, it cannot impose mandates that turn all citizens into guinea pigs:  the government would almost certainly lose when challenged in the courts. Not to mention, the highest authorities probably don't want them for their own families.

What the federal government did instead is underhanded.  It hid behind corporate skirts. Its Equal Employment Opportunity Commission issued a statement that essentially invited corporations to mandate the Covid vaccines, by stating that EEOC had no problem with such a mandate.

I and many others think that employer mandates will be found to be illegal, if challenged.  Del Bigtree and his legal affiliate ICAN are assisting employees in fighting such attempted mandates.  

I was involved with the only case to test whether a military anthrax vaccine authorized under an EUA could be mandated.  The 2005 case (Doe v Rumsfeld) was heard in First District Court, in DC, by Judge Emmet Sullivan, who is still on the bench.  He ruled that under federal law, an EUA vaccine cannot be mandated. 

I am told that the military is being very careful with the Covid vaccines, and soldiers are signing informed consents if they choose to receive the vaccine.  Many are refusing. Are civilians being given full information about the knowns and unknowns of these vaccines, and signing consent forms?

When we seem to be approaching herd immunity, why use mandates?  Because mandates sell more vaccines.  Is Pharma calling the shots?

Today I was informed the Vatican has threatened to fire its unvaccinated employees. Do you think the Vatican will issue religious exemptions? I cannot comment on the European situation, which differs from country to country. Indonesia seems to be the only country, at this point, to have issued a Covid vaccine requirement, punishable by fine.

UPDATE Feb. 21:  The Financial Times reported that the UK is following the US scheme to encourage private companies to issue vaccine mandates and have them deal with the legal repercussions:

"Boris Johnson, prime minister, has said the government will not introduce domestic vaccine passports — an idea that raises many moral and legal issues — but on Tuesday Nadhim Zahawi, vaccines minister, acknowledged that some companies might press ahead with their own schemes."

UPDATE Feb 22: The Vatican has backed off its assertion that unvaccinated employees could be fired.

Once the Covid vaccines are fully approved by FDA, they will be subject to different laws.  While I believe that the right to informed consent for medical procedures, the right to bodily autonomy, and the right to not be discriminated against on the basis of one's medical choices exist, other laws have been passed that have allowed the imposition of vaccine mandates to attend school and for certain employment.  In all but 5 states, religious exemptions for schoolchildren may be used, and the EEOC enforces religious exemptions for employees under most conditions.  My understanding (but I am not a lawyer) is that these apparently contradictory laws have yet to be litigated in a way that resolves the contradictions.

UPDATE Feb. 24:  The Spanish regional government of Galicia is about to have the legislature vote on a Covid vaccine mandate, with fines for noncompliance of 1,000 to 60,000 Euros.


Terri Jackson MSc MPhil MInstP said...

healtImpactNews is out of step with the US military. reports that a massive 75 percent of the military have refused to take the vaccine. Not 50 percent but 75 percent!!

S said...

Dr. Nass,
Your thoughtful words somehow gives me hope that more people will wake up! It's been a tough slog to wake loved ones up. I knew this was a hoax from the beginning...and now my email list is getting shorter as people take the jab. There is a secondary trauma going on for me with the thought that I will lose people I love dying from this experimental bio-tech product, and I question whether I could have done more to "save" them. I want to scream, "How dare you!" to all complicit in this crime against humanity. I just thank God that I have not become fearful, because I think so many people are operating out of media-induced and mind-controlled fear. (But I threw my TV out years ago, which helped.) I share videos and blogs like yours to try to cut through the cult-like programming. It's exhausting. But I will keep going. Thanks from the bottom of my heart for your efforts in speaking out about the truth. You are a treasure.

lynnbrad said...

dr nass; is/would use of the relatively useless pcr tests in maine , ie to get on a plane and such, be illegal here per the win in NY vs their required use in schools?

does the maine governor's requirement to wear a mask in stores and out in public (i don't know the exact requirement) really have the force of law? lynn bradbury

Meryl Nass, M.D. said...

Lynn, the NY case, and a Massachusetts case that led to the MA state government rescinding its flu shot mandate for schoolchildren, only affect the states in which they occurred.

State legislatures are allowing governors to extend the period during which emergency rules are active. This has permitted governors very expansive authority.

Secrecy has prevented citizens from learning how PCR tests are being run, and actual case and death numbers--making it difficult to dispute the claim of an emergency.

The governor's orders are generally not "laws" that were individually passed--but the authority of the governor to issue edicts was passed by our legislature. Maybe they need to rescind that authority.

Anonymous said...


Anonymous said...

The health care workers, pharmacy workers, grocery workers, and mass distribution workers [Wal-Mart] [collectively referred to herein as "vaccine inoculators"] are liable if they failed to obtain Proof of Informed Consent by each and every person that has been vaccinated/inoculated.

Presumably this will include politicians who authorized the jabs and media who frightened people into receiving them.
by Steven Fishman
Moderna, Astra-Zeneca, and Pfizer are protected by 42 U.S.C. 300aa-22 are VACCINE MANUFACTURERS.

The 1988 law did not amplify or expand protections to VACCINATORS, or workers who do NOT work for the Vaccine Manufacturers who inoculate people with the toxic vaccine. This loophole in the law enables us to stop it.

Meryl Nass, M.D. said...

The PREP Act came after the 1988 law and does give immunity to vaccinators, and everyone involved...with the single exception of wilfull misconduct.

If the companies know of the side effects but do not tell us, that is wilfull misconduct.

The problem is that their answer to this is not to do safety testing. To vaccinate the placebo group. To refuse to collect safety data.