Liberty Counsel: Memo on COVID Vaccination Mandates

COVID Vaccines Cannot Be Mandatory Under Emergency Use Authorization On the issue of the COVID vaccines: all of such have been released under an Emergency Use Authorization (“EUA”) and employers (religious and non-religious alike) may not condition continued employment on taking an EUA-authorized COVID vaccine.

The COVID vaccines are in a special category and cannot be treated like FDA licensed vaccines. None of the COVID vaccines are FDA licensed; nor have they received full FDA approval. Rather, their approval is under the special provision noted above as EUA. This means that there is not enough data (which includes duration of testing) for the FDA to render a final approval. More importantly, no one, including private employers, may coerce individuals (by threatening their employment or otherwise) to take an EUA vaccine. Federal law requires full and informed, voluntary consent.

All employees – whether employed by religious organizations, or not – are protected against mandated COVID-19 vaccines, under 21 U.S.C. §360bbb-3, which provides that EUA products (like all of these vaccines) require (as a condition of emergency approval) that people have “the option to accept or refuse administration of the product.” “FDA has an obligation to ensure that recipients of the vaccine under an EUA are informed… that they have the option to accept or refuse the vaccine.”1

(emphasis added). There is no exception in the statute for “private employers” as opposed to government; or for religious or non-religious employers. All EUA vaccines are optional.

Moreover, at the Centers for Disease Control Advisory Committee on Immunization Practices (ACIP) meeting held in August 2020, CDC-ACIP Executive Secretary Amanda Cohn, MD confirmed the non-mandatory nature of an EUA vaccine: “under an Emergency Use Authorization, an EUA, vaccines are not allowed to be mandatory. So, early in this vaccination phase, individuals will have to be consented and they won’t be able to be mandated.” (emphasis added).2

Memo on COVID Vaccination Mandates PDF

About Liberty Counsel

Liberty Counsel is a national nonprofit litigation, education and public policy organization advancing religious freedom, the sanctity of human life, and family. We have engaged in extensive litigation regarding civil rights violations ostensibly justified by “COVID-19.” We have had great success on behalf of our many clients at circuit courts of appeal and at the United States Supreme Court. See, e.g., Harvest Rock Church v. Newsom, No. 20A137, 2021 WL 406257 (U.S. Feb. 5, 2021); Harvest Rock Church v. Newsom, Gov. of CA, No. 20A94, 2020 WL 7061630 (U.S. Dec. 3, 2020); Elim Romanian Pentecostal Church v. Pritzker, 962 F.3d 341 (7th Cir. 2020); Maryville Baptist Church, Inc. v. Beshear, 957 F.3d 610 (6th Cir. 2020). The existence of COVID-19 does not justify the numerous violations of fundamental individual, economic and religious liberties. These include the rights of personal autonomy and bodily integrity, and the right to accept or reject the various COVID vaccines based on religious belief or other grounds.

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