A class action lawsuit against Secretary of Defense Lloyd Ausin, Secretary of Health and Human Services Xavier Becerra, and Food and Drug Commissar Janet Woodcock has been filed on behalf of miltary servicemembers.
According to the lawsuit:
Upon information and belief, the DoD is already vaccinating military
members in flagrant violation of its legal obligations and the rights of servicemembers under
federal law and the Constitution. Army Regulation 40-562 provides documented
survivors of an infection, a presumptive medical exemption from vaccination because of the natural immunity acquired as a result of having survived the infection. “General examples of
medical exemptions include the following… Evidence of immunity based on serologic tests,
documented infection, or similar circumstances.” AR 40-562, ¶2-6a.(1)(b). Plaintiffs also seek a
declaratory judgment on the separate basis that the Emergency Use Authorization (“EUA”) DoD
COVID-19 Vaccine mandate, which they have been notified is imminent, cannot be issued in
violation of 10 U.S.C. §1107 and its implementing regulations, including DoD Directive 6200.2,
the FDA regulation of biologics at 21 C.F.R. § 50 et seq., as well as the law regarding informed
consent 50 U.S.C. 1520 (“The Nuremburg Code”).
Neither the President, nor the SECDEF, nor the Secretary of the Department of Health and
Human Services, nor the Secretary of the Food and Drug Administration have complied with the
requirements of those controlling pieces of federal law. Therefore, any forced vaccination of
Plaintiffs would be/are being administered in blatant violation of federal law, the attendant
regulations, and the U.S Constitution, denying Plaintiffs due process of law and violating their
bodies. Plaintiffs seek this relief pursuant to the Administrative Procedures Act, 5 U.S.C. §702, et
seq., the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, and the All Writs Act, 28 U.S.C.
§1651. Plaintiff also seek temporary and permanent injunctive relief preventing their forced vaccination attendant to their claims for declaratory judgment."