Whether 42 U.S.C. § 247d-6d unconstitutionally preempts state-law claims when a vaccine is administered to a minor without parental consent during a federally declared public health emergency

In the Fall of 2021, during the COVID-19 pandemic, a “vaccine clinic” was being conducted at a school in Maine where the minor child of Petitioner s was enrolled as a student. Without the consent of t he parent Petitioners, Respondents administered a vaccine to the minor child. Petitioners filed suit in state court asserting state and constitutional tort claims against Respondents. The suit was dismissed and the Maine Judicial Supreme Court ruled that 42 U.S.C. § 247d-6d preempts state actions asserting battery and constitutional injuries resulting from injections of minors without parental consent when a federally declared “countermeasure” is the injectio n at issue. QUESTION : Is 42 U.S.C. § 247d-6d, when read to grant immunity against all state-law claims in favo r of parties who administer a vaccine to a child when the parents of that child have not consented theret o, constitutional? – ii –