Legal Efforts
Below are summaries of our ongoing litigation. We also have a page with legal resources and articles.
The California chapter of CHD has several legal cases in process as well.
FEDERAL
Emergency Use Authorization of Pfizer COVID Vaccine for Ages 5-11
Children’s Health Defense et al v. Food & Drug Administration et al
Status: Complaint filed 01/24/2022
Lead Attorneys: Robert F. Kennedy, Jr., Robert Barnes
CHD Attorneys: Mary Holland, Ray Flores
Summary
FDA used its Emergency Use Authorization powers to authorize Pfizer-BioNTech, a dangerous drug, for minor children as young as 5 years old to address COVID-19, under the pretext of being in a two-year long emergency. The FDA also, using its emergency powers, redefined this drug as a “vaccine” even though it did not meet the century-long definition of the term to includes this new experimental biologic. The FDA failed to provide for any notice-and-comment period, failed to provide for any citizen petition recognition nor redress of petitioner concerns and grievances, claimed these emergency powers provided for no legislative limit beyond their expansive claims, and even claimed these emergency powers prevent and preclude judicial review by citizens. The FDA has become an agency that declares its own law, enforces its own law, and adjudicates its own law, with children now the sacrificial lambs to this precarious power grab.
WASHINGTON, DC
City Council Minor’s “Consent” Law
Victor Booth et al v. Muriel Bowser
Status: Preliminary injunction prohibiting the Minor consent law granted on March 18.
Lead Attorney: James Mason
CHD Attorney: Rolf Hazlehurst
Summary
The DC City Council passed a bill to allow children to “consent” to any CDC-recommended vaccine without the knowledge or consent of their parents or guardians. This bill specifically looks towards having children consent to COVID vaccines without parent knowledge. The bill even requires schools to conceal vaccination information from parents. This bill became law; we collaborated with ParentalRights.org to sue on behalf of DC parents and children and CHD as this law violates many federal laws and Constitutional rights.
The U.S. District Court for the District of Columbia on March 18 issued an order granting a preliminary injunction prohibiting the mayor of the District of Columbia, the D.C. Department of Health and D.C. public schools from enforcing the D.C. Minor Consent for Vaccination Amendment Act of 2020 (D.C. Minor Consent Act) until further order of the court.
Related Articles
- Judge Rules 11-Year-Olds Can’t Get Vaccines Without Parents’ Consent
- CHD Lawsuit Seeks to Overturn D.C. Law Allowing Kids to Be Vaccinated Without Parents’ Knowledge or Consent
NEW YORK CITY
Against Mandatory PCR Testing for Schoolchildren
Aviles v. DeBlasio
Status: Appeal in progress
Lead Attorney: Ray Flores
CHD Attorney: Mary Holland
Summary
CHD recognizes that polymerase chain reaction (PCR) testing is a linchpin of the COVID pandemic. The number of “positive cases” has determined isolation, quarantine and lockdown measures, even though PCR testing is inherently unable to determine infectiousness. CHD is an institutional plaintiff, together with parents of schoolchildren, challenging compulsory PCR testing as an emergency use authorization product that cannot be lawfully mandated.
The Southern District of NY held a preliminary injunction hearing January 14, 2021 it was denied. The lower court case is stayed since Plaintiffs appealed to the 2nd Circuit. Although NY schools no longer require parental consent to PCR testing as a condition for attendance, the case is not moot. It is capable of repetition, and requires review. Plaintiff’s Appellate Reply Brief is due last week of October 2021.
Related Articles
- CHD Sues NYC Dept. of Education, Mayor de Blasio for Arbitrary School Closures and Coerced Medical Testing
- Judge Denies Injunction to End Mandatory PCR Testing in NYC Schools
- CHD Appeals Decision in NYC Mandatory PCR Testing Case, Citing Federal Law
NEW YORK STATE
Against NYS Health Commissioner for Statewide Mask Mandate
William Ouweleen v. Howard Zucker
Status: Filed 08/05/2021
Lead Attorney: Sujata Gibson
CHD Attorneys: Mary Holland, Ray Flores
Summary
Plaintiff sought declaratory and injunctive relief to prevent the ongoing violation of his most basic rights, dignity, and safety. The NYSDOH lacks the authority to issue this Mask Mandate sua sponte, particularly after the enhanced emergency powers previously granted to the Executive branch have expired. This mandate is a clear violation of our most sacred laws under international law, federal law, and New York law.
Due in part to the lawsuit, New York State repealed the mask mandate a month early.
Related Articles
NEW JERSEY
Against Rutgers University for Vaccine Mandate for Faculty, Staff & Students
Children’s Health Defense, Inc. et al v. Rutgers et al
Status: In progress; Amended complaint filed 10/19/2021
Lead Attorney: Julio Gomez
CHD Attorneys: Mary Holland, Ray Flores
Summary
Challenge to mandate on many grounds, including natural immunity, EUA federal law, substantive due process.
Related Articles
FEDERAL
Against FDA to Revoke COVID Vaccine EUAs & Refrain from Licensure
Children’s Health Defense v. FDA
Status: Motion to stay filed; Anticipating a hearing date
Lead Attorney: Ray Flores
CHD Attorney: Mary Holland
Summary
On August 31, 2021, CHD filed suit in Federal Court in the Eastern District of Tennessee against the FDA and Acting Commissioner, Janet Woodruff seeking vacatur of the August 23, 2021 Licensure of Pfizer’s currently unavailable Comirnaty vaccine.
This suit is the natural follow up to the Citizen Petition submitted by Dr. Meryl Nass and Robert F. Kennedy, Jr., on May 16, 2021 which received over 30,000 public comments (thank you!). The FDA’s August 23, 2021 denial cleared the way for attorneys Robert F. Barnes and Derek Jordan of Barnes Law along with RFK, Jr., to file suit on CHD’s behalf. The Complaint alleges one sole count, “Failure to Abide by Federal Law as Abuse of Discretion — APA 5 USC 706(2)(A)”
“Defendants’ arbitrary and capricious authorization of the Comirnaty vaccine gives the misleading impression to the public that the currently available Pfizer vaccine is fully approved, when in fact it is not. What is available, according to the FDA’s own admission is actually the EUA, liability-free product.
CHD filed an amended Motion to Stay and anticipates a hearing date.
- Children’s Health Defense Sues FDA Over Approval of Pfizer Comirnaty Vaccine
- 14 Military Members Detail Toll Vaccine Mandates Are Taking on Service Members in Amended Motion to CHD Lawsuit Against FDA
FEDERAL
Children’s Health Defense v. Federal Communications Commission
Children’s Health Defense et al. v. Federal Communications Commission
Status: Appealed
Case number: 21-1075 Appeal
Lead Attorney: W. Scott McCullough
CHD Attorney: Mary Holland
Summary
CHD, together with Environmental Health Trust, sued the FCC for failure to update its insufficient guidelines from the mid-1990s regarding the health effects of wireless technology. The FCC’s failure to update the science that it uses in its decision has led to widespread injury. Oral argument before the DC Circuit Court of Appeals resulted in CHD’s Historic Win!
Related Articles
- ‘Historic Win’ by Children’s Health Defense in Case Against FCC on Safety Guidelines for 5G and Wireless
- CHD Gets Its Day in Court — Hearing Scheduled for Landmark Case Against FCC
- Press Conference: Response Brief Filed in Landmark Case Against FCC
- CHD V. FCC Press Conference: Evidentiary Brief Filing
- CHD v FCC – Emergency Injunction
Other Legal Updates
Your support is essential to CHD’s efforts to defend the health of our children and obtain justice for those already injured.
