America's Frontline Doctors (AFLDS) filed an amicus curiae brief with the United States Supreme Court on December 30, 2021. The filing, in support of the Petitioners in In Re MCP No.165, opposes the onerous OSHA mandates being applied to all businesses with greater than 100 employees, requiring their employees to be vaccinated or undergo weekly testing. 

The case rises to the Supreme Court for a decision after the Sixth Circuit Court of Appeals, in a 38-page ruling by Judge Jane Stranch, on December 17, 2021, dissolved the nationwide stay placed on OSHA’s Emergency Temporary Standard (ETS).

AFLDS’s brief details that “[i]t is the consensus of the medical community that the currently available COVID-19 vaccine injections do not prevent the spread of SARS-CoV-2.” The brief also asserts, “Relevant federal agencies have repeatedly acknowledged this consensus. Therefore, there is no scientific or legal justification for OSHA to segregate injected and un-injected people. Indeed, since those COVID-19 injections do not confer immunity upon the recipients, but are claimed to merely reduce the symptoms of the disease, they do not fall within the long-established definition of a vaccine at all.  They are instead treatments and must be analyzed as such under the law.”

Attorney George Wentz of Davillier Law Group, co-counsel on the filing, stated, “There is no public policy basis to mandate a so-called vaccine that does not prevent infection, re-infection or transmission of the disease. At best, the COVID-19 vaccines are treatments that may reduce the severity of COVID-19 symptoms but do not confer immunity. They are therefore treatments, not vaccines. Americans have a fundamental right to refuse unwanted medical treatments. The mandate before the court violates that fundamental right. We are not livestock; we are humans. AFLDS is dedicated to vigorously defending human rights and we hope our brief will be of assistance to the Court.”

Dr. Simone Gold, founder of the civil rights organization, commented on today’s filing, "America’s Frontline Doctors is first in the nation to make the critical legal distinction between a treatment and a vaccine. Until now, the Courts have not considered Covid-19 injection cases under this rubric, which is where all these cases belong."

Attorney Greg Glaser, co-counsel on the filing notes, “The OSHA cases are garnering worldwide interest because eventually the Court is expected to weigh in on the big picture of COVID-19 vaccination.” 

Associate Medical Director of AFLDS, Dr. Dan Stock said, "People all over the country are standing up for justice. It’s our hope, and I have great faith in the Court, that the Court will honor its nation’s commitment to freedom and its opposition to medical tyranny.”

Several states, including Florida, Texas, Louisiana, Georgia, and South Carolina are among the more than twenty-five states opposing the mandate. 

The high court has scheduled the case for oral argument January 7, 2022.