I appreciate you reading all these legal papers very much. I usually can't get through 1 paragraph before throwing my hands in the air. I just have such a hard time reading legalese.
I think that may be true for ordinary vaccines, but because the Covid-19 injections are classified as ‘medical countermeasures’ they are legally distinct from vaccines, and none of the rules and review procedures that would apply to vaccines apply to countermeasures.
Working on a close-read of the 1986 National Vaccine Program act, which set up part of the basic legal platform under one of the three primary statutes: 1944 Public Health Service Act (which operates alongside 1938 Food Drug and Cosmetics Act and 1935 Social Security Act).
The vaccine act section of the Public Health Service Act is 42 USC 300aa-1 et seq.
If you look at the Notes tab, you can see the list of amendments passed after the original section was added in 1986.
From the 1938 FDCA side, there are several different categories of products that FDA allegedly reviews and approves, including biologics, drugs, devices, Investigational New Drugs (IND), Investigational Device Exemptions (IDE), pandemic products, epidemic products, and medical countermeasures (MCMs).
I’m in the process of trying to untangle how and where those classifications cross and diverge from each other, but the gist is that they’ve set it all up to make massive legal loopholes to enable anything they want to do. The only thing needed for the EUA classification to apply is a HHS Secretary declaration that the medical countermeasures are needed.
I think the best source for tracking down the laws underneath that act is the six-page Federal Register entry from March 17, 2020, when HHS published its justification for the EUAs, etc. They want to be perceived as exercising power legitimately.
I haven’t done a close read of that yet either, just skimmed it, so if you read it closely and figure things out, please let me know. Email me at kgwatt@protonmail.com or post as a comment.
If I can find the case you’re talking about, I’ll let you know. The only older case that springs to mind is the 2012 Parker v. St. Lawrence County case, that had to do with interpreting the PREP act in the H1N1 vaccination context. But that one doesn’t seem to list the standards for vaccine approvals.
Most of the other cases I’ve cited are still pending resolution.
As I said, number 1, most valuable substack!!!
This is so valuable. Thanks.
Thanks again for the information.
I appreciate you reading all these legal papers very much. I usually can't get through 1 paragraph before throwing my hands in the air. I just have such a hard time reading legalese.
Thanks for your important work. 🙏👍🏽💕
I think that may be true for ordinary vaccines, but because the Covid-19 injections are classified as ‘medical countermeasures’ they are legally distinct from vaccines, and none of the rules and review procedures that would apply to vaccines apply to countermeasures.
Working on a close-read of the 1986 National Vaccine Program act, which set up part of the basic legal platform under one of the three primary statutes: 1944 Public Health Service Act (which operates alongside 1938 Food Drug and Cosmetics Act and 1935 Social Security Act).
The vaccine act section of the Public Health Service Act is 42 USC 300aa-1 et seq.
https://www.law.cornell.edu/uscode/text/42/300aa-1
If you look at the Notes tab, you can see the list of amendments passed after the original section was added in 1986.
From the 1938 FDCA side, there are several different categories of products that FDA allegedly reviews and approves, including biologics, drugs, devices, Investigational New Drugs (IND), Investigational Device Exemptions (IDE), pandemic products, epidemic products, and medical countermeasures (MCMs).
I’m in the process of trying to untangle how and where those classifications cross and diverge from each other, but the gist is that they’ve set it all up to make massive legal loopholes to enable anything they want to do. The only thing needed for the EUA classification to apply is a HHS Secretary declaration that the medical countermeasures are needed.
I think the best source for tracking down the laws underneath that act is the six-page Federal Register entry from March 17, 2020, when HHS published its justification for the EUAs, etc. They want to be perceived as exercising power legitimately.
https://www.govinfo.gov/content/pkg/FR-2020-03-17/pdf/2020-05484.pdf
I haven’t done a close read of that yet either, just skimmed it, so if you read it closely and figure things out, please let me know. Email me at kgwatt@protonmail.com or post as a comment.
If I can find the case you’re talking about, I’ll let you know. The only older case that springs to mind is the 2012 Parker v. St. Lawrence County case, that had to do with interpreting the PREP act in the H1N1 vaccination context. But that one doesn’t seem to list the standards for vaccine approvals.
Most of the other cases I’ve cited are still pending resolution.
Was it Jacobson v. Massachusetts (1905)?
https://supreme.justia.com/cases/federal/us/197/11/
That’s the main case all the mask and vaxx mandaters cite.