America’s Frontline Doctors, Dr. Scott Jensen, and 9 named plaintiffs file Federal Lawsuit against Xavier Becerra, Secretary of HHS; US Department of HHS, John and Jane Does I-V; Black and White Partnership’s; and ABC Corporations I-V
“The Constitution of this Republic should make special provision for medical freedom. To restrict the art of healing to one class will constitute the Bastille of medical science. All such laws are un-American and despotic. … Unless we put medical freedom into the constitution the time will come when medicine will organize into an undercover dictatorship and force people who wish doctors and treatment of their own choice to submit to only what the dictating outfit offers.”
– Dr. Benjamin Rush
Founding Father, signer of the Declaration of Independence
and personal physician to George Washington.
“The more it (vaccination) is supported by public authorities, the more will its dangers and disadvantages be concealed or denied.”
– M. Beddow Bayly – Physician
“Kids are one third of our population and all of our future. Kids are never the experiment. Protect the Children.”
– AFLDS
PETITION FOR TEMPORARY RESTRAINING ORDER
I. SUMMARY
Plaintiffs bring before the Court today a request for a Temporary Restraining Order (“TRO”) against the U.S. Department of Health and Human Services (DHHS), and the relevant subagencies and personnel including but not limited to the Food and Drug Administration (FDA), Centers for Disease Control and Prevention (CDC), National Institutes of Health (NIH), the DHHS Secretary, the DHHS Assistant Secretary for Preparedness and Response, and the DHHS Vaccines and Related Biological Products Advisory Committee, seeking temporary injunctive relief against any existing or further authorization for use in children under the age of 16, of any of the COVID-19 “vaccines”1 that have been approved under the Emergency Use Authorization (“EUA”) provided in 21 U.S. Code § 360bbb–3. In this Motion, Plaintiffs ask only that the status quo be maintained – that the EUAs not permit the use of COVID-19 vaccines in children under the age of 16, and that no further expansion of the EUAs to children under the age of 16 be granted prior to the resolution of these issues at trial. Such relief would protect the lives and safety of millions of children in the American public for whom serious illness and mortality from COVID-19 represent a zero percent (0%) risk statistically, but who face substantial risks from these experimental injections.
Plaintiffs not only face the imminent threat of irreparable injury of various types absent a TRO, but they also represent a diverse cross-section of the American public. They are doctors and other medical professionals. They are parents and children. They are coaches and mentors. They are healthy, and they suffer from underlying conditions. They are from various states. They are from various walks of life. They are individuals and organizations. They are experts and they are lay people. Most or all have been fully vaccinated in the past. And they all have one thing in common. Absent the requested relief, each of their lives stands to be inexorably and irreparably altered forever.
Plaintiffs will bring suit in the near future. The case will challenge the EUAs for the injections on several counts. It will be made clear to the Court in that case, based on the law and well-founded scientific evidence, that: the EUAs should never have been granted, the EUAs should be revoked immediately, the injections are dangerous biological agents that have the potential to cause substantially greater harm than the COVID-19 disease itself, and numerous laws have been broken in the process of granting these EUAs and pushing these injections on the American people.
In the specific instance of minor Plaintiffs under 16, the Court must consider that an “EUA requires that an intervention address a serious or life-threatening condition2, and for known and potential benefits of the intervention to be balanced against the known and potential harms.” There is not even a pretense of a factual basis that COVID-19 represents a serious or life-threatening condition for children under 16, since the CDC acknowledges they face 0% risk of mortality from COVID-19 statistically.
The Complaint will include claims for, inter alia (1) a declaration that the extension of the EUAs for the COVID-19 vaccines making them available for use in children under the age of 16 violates 45 CFR § 46.401, et seq., which applies to “all research involving children as subjects, conducted or supported by [DHHS]”; (2) an order enjoining the use of COVID-19 vaccines in children under the age of 16, until such time as the DHHS Secretary has complied with 45 CFR § 46.401, et seq.; and (3) claims for civil money damages against individual government officials within DHHS, in their personal capacities, for violations of the Constitution, under 42 U.S.C. § 1983.