Agency
Virginia Department of Health
 
Board
State Board of Health
 
chapter
Regulations for the Immunization of School Children [12 VAC 5 ‑ 110]
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10/12/21  1:34 am
Commenter: Marcus Moyer

No Vaccine Mandate
 

The purpose of government, as narrowly defined in our founding documents, is quite clear: "That to secure these [unalienable] rights [of life, liberty, and the pursuit of happiness] governments are instituted among men, deriving their just powers from the consent of the governed." 

The "power" be considered at this moment - the mandatory forced vaccinationsn - is not just, and it does not have the consent of the governed (as evidenced by the overwhelming majority of comments here).  That "power" is nowhere to be found within the purview of of the government's established purpose, and cannot be exported to the proxy arm of unelected regulatory agencies.

The mandate being considered violates the Constitution, U.S. law, as well as common sense and conscience.

This mandate is unlawful.  While a "mandatory vaccine" is arguably unconstitutional in any form, at a bare minimum for consideration that vaccine must at least be fully approved and licensed by the FDA.  At this time, there is no such "fully approved and licensed" vaccine available in the U.S.  The only "fully approved and licensed" vaccine is Pfizer's Comirnity vaccine, which according to Pfizer will not be available in any meaningful quantity for quite some time (2023?).  In the interim, people are encouraged to receive Pfizer's BioNTech vaccine, which is currently authorized under an Emergency Use Authorization (EUA).  FDA and Pfizer claim that the "FDA approved" Comirnity has the same formulation as Pfizer's BioNTech vaccine but that it is "legally distinct with differences that do not impact safety or effectiveness."  Even if that were completely true (and there is evidence that suggests it is not), it does not change the fact that only one of them is "fully licensed and approved" (i.e. Comirnity), and that one is not available for distribution.  It is unlawful to administer a drug or vaccine that is authorized only for emergency use without first obtaining informed consent (which implies the option to decline).  Informed consent requirements are a cornerstone of FDA rules governing human medical experimentation. See, e.g., 21 C.F.R. §§ 50.20, 50.23-.25, 50.27, 312.20, 312.120 (2008); 45 C.F.R. §§ 46.111, 46.116-117.  Without an approved drug, there can be no contemplation of a mandate.

This mandate is unethical.  Even if Pfizer's Comirnity were in stock and ready to administer, mandating that people - especially children - receive it is entirely unethical.  While Comirnity may enjoy the FDA's stamp of approval, that approval does not represent the rigorous vetting process of the past.  The COVID-19 phenomenon is less than two years old, and the vaccines designed to address it are less than half that old.  The time and testing necessary to achieve full FDA approval through the usual intense vetting process simply cannot have happened.  In fact, in the FDA's own Biologics License Application (BLA) for Pfizer's Comirnity vaccine, dated 23 August 2021, the FDA concedes that “an analysis of spontaneous postmarketing adverse events reported under section 505(k)(1) of the FDCA will not be sufficient to assess known serious risks of myocarditis and pericarditis and identify an unexpected serious risk of subclinical myocarditis” and that “the pharmacovigilance system that FDA is required to maintain under section 505(k)(3) of the FDCA is not sufficient to assess these serious risks.”  Acknowledging these risks, the FDA therefore stipulates in reference (d) that additional studies are required to address these concerns.  Pursuant to that stipulation, there are at least ten studies required by reference (d) that hold final publication dates ranging from May 2022 to May 2027.  Until these studies, at a minimum, have been completed, the vaccine’s potential risk and harmful effects on the body and/or the mind are not only unknown, they are in fact unknowable.  It is impossible for any individual to provide "informed consent" under these circumstances, since clearly all of the information that would be required to provide such consent is not (and in truth cannot be) made available.  

This mandate violates the conscience of many.  For many people, there are serious moral issues with the available COVID-19 vaccines.  One may or may not agree with those moral judgements, but neither the government nor its unelected regulatory agencies have a right to stand in judgement of those sincerely held religious beliefs and take action to force any individual to act in opposition to his/her own conscience.  In fact, in light of the mounting evidence of accumulated data suggesting that these vaccines may be just as dangerous as the virus (perhaps even more so), blind allegiance to CDC guidance and government mandates rises to a level of faith that becomes a religion all its own.  Forcing people to share that faith and comply is bordering on running afoul of the First Amendment's establishment clause.

This mandate violates common sense.  To date, data suggests that the COVID-19 virus has a mortality rate of ~0.05%.  The overreach of medical tyranny that we have witnessed in the last 18 months is categorically unjustified in the face of this "public health emergency" that can and should be handled in much less restrictive ways that do not run roughshod over peoples' civil liberties.  People are being presented with a false dilemma of safety/security and liberty.  The American people are not nearly as ignorant and naive as the political and academic elites believe them to be.  The people have weighed the risks and benefits, and they have made their decision, much to the government's dismay.  Now, what the government has failed to accomplish through persuasion, it now seeks to accomplish through force and coercion.  This is being recognized across the country, and a variety of lawsuits are already underway.  If you imprudently press forward with this mandate, you can expect to be the named defendant in the wave of lawsuits that will follow your actions.

What you are contemplating is unlawful, unethical, unwise, and unnecessary. 

I will be praying for you as you take these matters under consideration.

CommentID: 107616