No. 23-1222

Children's Health Defense, et al. v. Rutgers, the State University of New Jersey, et al.

Lower Court: Third Circuit
Docketed: 2024-05-20
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: constitutional-rights due-process equal-protection experimental-treatment experimental-vaccine jacobson-v-massachusetts medical-consent vaccine-efficacy vaccine-mandate vaccine-safety
Key Terms:
SocialSecurity DueProcess Securities Privacy JusticiabilityDoctri
Latest Conference: 2024-06-20
Question Presented (AI Summary)

Fundamental-right-to-refuse-medical-treatment

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is there a fundamental right under the Fourteenth Amendment’s Due Process or Equal Protection Clauses to exercise informed consent freely and refuse unwanted medical treatment with an experimental vaccine that is not effective at preventing transmission of disease, is not safe and can cause serious injury or death? What standard of review is appropriate under Jacobson v. Massachusetts, 197 U.S. 11 (1905), or this Court’s subsequent jurisprudence, when this liberty is at stake? 2. Did Rutgers University lack expressly delegated authority to mandate experimental vaccines during an outbreak that were not effective, or safe, upon its students — even students attending classes remotely — while excluding professors or employees from the mandate? 3. Did Rutgers University’s mandate conflict with Section 564 of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 360bbb-3, which requires “that individuals to whom the product is administered are informed .. . of the option to accept or refuse administration of the product ...”? 4. Were the courts below bound to accept as true the following facts, among others, plead by Petitioners? a. COVID-19 vaccines are experimental injections; b. COVID-19 vaccines were never tested for and are not effective at preventing infection or transmission of disease; u ce. COVID-19 is not a vaccine-preventable disease; d. COVID-19 vaccines have caused serious injury and death to thousands of people; and e. Rutgers was conflicted from imposing any COVID-19 vaccine mandate due to financial ties with vaccine manufacturers, its involvement in clinical trials for COVID-19 vaccines, and its stake in the approval and widespread dissemination and use of COVID-19 vaccines arising from its own research to develop a novel COVID-19 vaccine.

Docket Entries

2024-06-24
Petition DENIED.
2024-06-10
Brief amicus curiae of Association of American Physicians and Surgeons filed. (Distributed)
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-05-29
Waiver of right of respondent Rutgers, et al. to respond filed.
2024-05-15
Petition for a writ of certiorari filed. (Response due June 20, 2024)

Attorneys

Association of American Physicians and Surgeons
Andrew L. Schlafly — Amicus
Andrew L. Schlafly — Amicus
Children's Health Defense, et al.
Julio Cesar GomezJulio C. Gomez Attorney at Law LLC, Petitioner
Julio Cesar GomezJulio C. Gomez Attorney at Law LLC, Petitioner
Rutgers, et al.
Jeffrey Samuel JacobsonFaegre Drinker Biddle & Reath LLP, Respondent
Jeffrey Samuel JacobsonFaegre Drinker Biddle & Reath LLP, Respondent