No. 24-173

Malcolm Johnson, et al. v. Tina Kotek, Governor of Oregon, et al.

Lower Court: Ninth Circuit
Docketed: 2024-08-16
Status: Denied
Type: Paid
Amici (4)Response WaivedRelisted (2)
Tags: due-process emergency-use-authorization experimental-vaccine fourteenth-amendment informed-consent qualified-immunity
Key Terms:
SocialSecurity DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2024-12-13 (distributed 2 times)
Question Presented (AI Summary)

What is the proper standard of review for a Fourteenth Amendment Due Process challenge to a State official's order mandating experimental vaccine injections?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The well-established law is that medical experimentation on humans cannot be performed without informed consent, or with any degree of duress or coercion. COVID-19, however, turned the world upside down and government officials began to order injections of experimental vaccines on penalty of losing one’s job. Oregon’s executive officials mandated all executive branch employees, healthcare workers, and school employees be vaccinated for COVID-19. These mandates were deliberately calculated acts with knowledge that the only vaccines available to satisfy the mandate were experimental. This abrogation of the right of informed consent was not only unconstitutional, but a violation of the federal statute authorizing emergency use of experimental vaccines. QUESTION 1: What is the proper standard of review for a Fourteenth Amendment Due Process challenge to a State official’s order that individuals be injected with experimental drugs? QUESTION 2: Is petitioners’ right to informed consent protected by the Privileges or Immunities Clause of the Fourteenth Amendment? QUESTION 3: Can qualified immunity apply to a premeditated “mandate” made with knowledge that it violated constitutional and statutory rights as well as fundamental human rights? QUESTION 4: Does a private right of action exist for violation of rights under 21 U.S.C. § 360bbb-3 via 42 U.S.C. § 1983?

Docket Entries

2024-12-16
Rehearing DENIED.
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-11-12
Petition of Malcolm Johnson, et al. for rehearing submitted.
2024-11-12
2024-10-15
Petition DENIED.
2024-09-25
DISTRIBUTED for Conference of 10/11/2024.
2024-09-16
2024-09-16
2024-09-16
2024-09-16
2024-09-05
Waiver of Tina Kotek, et al. of right to respond submitted.
2024-09-05
Waiver of right of respondent Tina Kotek, et al. to respond filed.
2024-08-13
Petition for a writ of certiorari filed. (Response due September 16, 2024)
2024-06-18
Application (23A1120) granted by Justice Kagan extending the time to file until August 13, 2024.
2024-06-12
Application (23A1120) to extend the time to file a petition for a writ of certiorari from July 2, 2024 to August 13, 2024, submitted to Justice Kagan.

Attorneys

America’s Frontline Doctors and Dr. Simone Gold, M.D., J.D.
David Anthony Dalia — Amicus
David Anthony Dalia — Amicus
John Paul Beaudoin, Sr.
David J. SchexnaydreSchexnaydre Law Firm, Amicus
Make America Free Again
Lowell H. Becraft Jr.Lowell H. Becraft, Jr., Amicus
Lowell H. Becraft Jr.Lowell H. Becraft, Jr., Amicus
Patricia FinnPatricia Finn Attorney P.C., Amicus
Patricia FinnPatricia Finn Attorney P.C., Amicus
Malcolm Johnson, et al.
Stephen J. JoncusJoncus Law P.C., Petitioner
Stephen J. JoncusJoncus Law P.C., Petitioner
Megan Regal, Ernest Ramirez, Sr., Keith Wilkins, III, Albert Benavides
David J. SchexnaydreSchexnaydre Law Firm, Amicus
David J. SchexnaydreSchexnaydre Law Firm, Amicus
Tina Kotek, et al.
Benjamin Noah GutmanOregon Department of Justice, Respondent
Benjamin Noah GutmanOregon Department of Justice, Respondent