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Wednesday, September 30, 2009

Pay Close Attention to these Lawsuits

We must follow the events related to madated flu vaccines for health care workers very closely. Government agencies are taking away our civil rights regardless of the protections we deserve through the constitution. This is not just a problem for health care workers. This is a problem for all of us who value our freedom.

This is a recent email I received from at
Protect your health freedom,
Dr. Lisa
Your Health Freedom Coach

Ralph Fucetola JD is a lawyer who is working on a legal challege to the NYS mandate requring virtually all health care workers in the state to receive the seasonal flu and H1N1 vaccines. He was a speaker and organizer of yesterday's rally at the State Capitol. He posted the message below on the mandate discussion forum at:*


Awesome Rally yesterday! Thank you all for making it happen. The end of the mandate began yesterday.

There are two lawsuits that could impact the mandates.

#1. Bob Krakow's challenge to the "emergency" regulations through the New York state courts. This is your main hope to stop the mandate. Please support this action.

Now that we know, from the mouth of the Commish of Public Health, that no religious objection applies, the courts may even be more interested.

Further, with the regulation abrogating to the CDC the power to mandate vaccines (since all flu vaccines recommended by CDC become part of the mandate) there is some case law that states cannot surrender the police power to a federal agency.

So you do have a good chance on the "emergency" regulation.

#2. As I announced at the Rally, there will be a federal lawsuit filed, this week I hope, that will challenge the licensing of the swine flu vaccines.

What I didn't know yesterday was that the federal appeals court in DC was issuing, yesterday, a long-awaited decision in the military mandated Anthrax vaccination case. The court held that the plaintiffs in that case, 8 military people, did not have "standing" to sue because they did not allege how they were being harmed by the licensing of that vaccine.

This means that our federal case must allege how the plaintiffs are being harmed and that we must include a couple individuals in NY who are at risk. So I'll be reaching out to some of the Rally organizers to get a representative sample for that case.

Here is our logic to argue "standing" (the right to sue) in the federal case:

1. NY mandates all flu vaccines for all healthcare workers, no religious exemption.

2. NY includes in mandate all future flu vaccines recommended by CDC.

3. FDA licenses swine flu vaccines.

4. CDC recommends same, thereby triggering mandate.

Therefore, the licensing is a necessary prerequisite to the (recommending and) the mandate.

Consequently, the mandated healthcare workers have standing to challenge the licensing.

Ralph Fucetola JD

PS - check out the YouTube of my rally speech (I'm also going to put together a collage video of bits and pieces from the other speeches and I suspect Dr. Null will have a very professional video made from all the presentations).
Speech from You Tube


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