A Precedent-Setting Case for Medical Freedom

Washington, DC. - September 18, 2024

On September 16, 2024, Dr. Simone Gold and the AFLDS legal team vigilantly filed an amici curiae brief with the Supreme Court of the United States, in support of the Petitioners in Johnson et al. v. Kotek, et al. (formerly Johnson v. Brown). The Petitioners are seeking damages resulting from unconstitutional and illegal COVID-19 vaccine mandates. By submitting a petition for writ of certiorari to SCOTUS, the Petitioners are asking the High Court to hear their case and reverse the decision of the Ninth Circuit U.S. Court of Appeals which dismissed their claims for damages. 

In 2021, Oregon’s Governor Kate Brown issued COVID-19 vaccine mandates for all healthcare workers, school employees and state employees. Johnson v. Brown sought to establish that the State’s mandate was unconstitutional and in violation of federal law. The Plaintiffs in Johnson assert that in the context of the experimental COVID “vaccine”, their right to refuse unwanted medication is determined by the Nuremberg Code, which requires informed consent without any element of duress. The district court dismissed the case, and the Ninth Circuit refused to address the merits of the constitutional issue, finding instead that the Defendants were entitled to qualified immunity. Because the lower courts have failed to vindicate the Petitioners’ right (and that of millions of Americans) to refuse orders that they be injected with experimental drugs, they are urging SCOTUS to grant a writ of certiorari and hear their case. 

AFLDS holds the position that these experimental mRNA injections are not “vaccines”, because they do not prevent infection or transmission, and they are neither safe, nor effective. The COVID shots are personal medical treatments only. This is backed by a tremendous amount of scientific research and evidence showing a horrific safety profile with millions of documented adverse side effects including death. 

The Defendants willfully violated numerous well-established constitutional principles, federal statutes, federal regulations, and the Nuremberg Code by illegally mandating dangerous experimental mRNA drugs via executive decree under the coercive threat of job termination. This deprives the Defendants of qualified immunity from the Plaintiffs’ claims for damages.

As stated by AFLDS’ affiliate attorney, David Dalia, “After all, how can anyone ‘mandate’ anything that might kill you? It is self-evident that any decision by non-doctors to ‘mandate’ a dangerous experimental personal medical treatment under the coercive threat of the loss of one’s employment  is irrational, and lacks any legitimate state purpose whatsoever. Additionally, the treatment does not prevent infection or transmission, and has severe side effects including death. The mandate violates numerous well-established laws including the constitutional right to refuse medical treatment, the right of bodily integrity, 21 U.S.C. § 360bbb-3, 21 C.F.R. §50:25, the Nuremberg Code, and many others. These illegal and dangerous ‘medical mandates’ must cease."

AFLDS Founder and President Dr. Gold added, “Since 2020, I have repeatedly argued that mandates of the  COVID injections violate our constitutional rights. The only basis upon which our government can even consider mandating any medication is to ‘prevent the transmission of a communicable disease.’ From the moment Pfizer and Moderna submitted their applications to the FDA, and then through years of real-time data, everyone knows they do not stop transmission. This finding of fact was recently upheld by the Ninth Circuit. As these shots never met the historical definition of a vaccine by preventing transmission of the disease, they cannot be mandated. In addition, they were released in violation of the key element of the emergency authorization act, which is that no other treatment be available.”

AFLDS recognizes that this critical case has the potential to set a precedent for countless Americans who were wrongly coerced, threatened and damaged by tyrannical vaccine mandates. This is why we are calling on SCOTUS to grant the Petitioners’ writ of certiorari and correct the miscarriage of justice conducted by the lower courts.

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Media Contact Lisa Alexander, Communications Director | Media@AFLDS.org