No one has the right to mandate an Emergency Use Authorization (EUA) approved vaccine, which all current Covid vaccines are, according to a website offering legal advice for those facing mandated vaccination.
“Your Right to Informed Consent is separate from the Option to Refuse, and is also based on Federal law over EUAs,” the Defending the Republic website notes.
Currently, there are no licensed Covid-19 vaccines in the U.S. All Covid-19 vaccines are currently approved only as Emergency Use Authorized (EUAs). “Approval” does not mean “licensed,” the website notes.
“It is a violation of your privacy rights to be forced to declare whether you have been vaccinated or not,” the website notes. “When a Virtue Hunter seeks this information, remind them of privacy rights of your own medical information, also known as PHI and PII.”
The website notes that the most recent relevant court decision in relation to an injunction application on an EUA vaccine was the 2005 case Doe v. Rumsfeld, where the United States District Court for the District of Columbia required that the EUA anthrax vaccine be only administered in the military on a voluntary basis “pursuant to the terms of a lawful emergency use authorization (“EUA”) pursuant to section 564 of the Federal Food, Drug, and Cosmetic Act.” This decision found the EUA could not be mandated; recognizing the option to refuse under federal law governing EUAs.
“To be clear,” the website adds, “the EEOC’s guidance updated on May 28, 2021, related to language suggesting that vaccines may be ‘required’ by employers, only states that…
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