Court Upholds New York's Right to Mandate Vaccination
Important decision issued this month from the U.S. Second Circuit Court of Appeals, completely upholding the state’s right to impose vaccination mandates and to withhold schooling to the unvaccinated in the event of outbreaks. Phillips_Per Curium Opinion_01072015
NICOLE PHILLIPS, individually and on behalf of B.P. and S.P., minors,
DINA CHECK, on behalf of minor M.C.,
FABIAN MENDOZA‐VACA, individually and on behalf of M.M. and V.M., minors,
Plaintiffs‐Appellants,
— v. —
CITY OF NEW YORK, ERIC T. SCHNEIDERMAN, in his official capacity as Attorney General, State of New York, DR. NIRAV R. SHAH, in his official capacity as Commissioner, New York State Department of Health, NEW YORK CITY DEPARTMENT OF EDUCATION, Defendants‐Appellees.*
* The Clerk of Court is respectfully directed to amend the official caption in this case to conform to the caption above.
1
Plaintiffs‐appellants challenge on constitutional grounds New York State’s requirement that all children be vaccinated in order to attend public school. Plaintiffs‐appellants argue that the statutory vaccination requirement, which is subject to medical and religious exemptions, violates their substantive due process rights, the Free Exercise Clause of the First Amendment, the Equal
Protection Clause of the Fourteenth Amendment, the Ninth Amendment, and both state and municipal law. On the same grounds, plaintiffs‐appellants argue that a state regulation permitting state officials to temporarily exclude students who are exempted from the vaccination requirement from school during an outbreak of a vaccine‐preventable disease is unconstitutional. The district court concluded that the statute and regulation are constitutional. We agree and
therefore AFFIRM.
Re NY flu shot mandate for preschool children - send THIS to the Mayor and the Dept of Public Health:
Impact of Repeated Vaccination on Vaccine Effectiveness Against Influenza A(H3N2) and B During 8 Seasons
"Conclusions. Current- and previous-season vaccination generated similar levels of protection, and vaccine-induced protection was greatest for individuals not vaccinated during the prior 5 years. Additional studies are needed to understand the long-term effects of annual vaccination."
http://cid.oxfordjournals.org/content/59/10/1375.full?sid=ab7f35bd-8baa-454e-ba1b-d93b7d1801cc
Clin Infect Dis. (2014) 59 (10): 1375-1385.
doi: 10.1093/cid/ciu680
First published online: September 29, 2014
Posted by: Linda1 | February 01, 2015 at 07:53 PM
Anti-vac revolution in the US has begun. Now the doctors, nurses, unions and practically everybody is against fascist vaccine terror and forced vaccinations. We must ride this antivac wave to victory.
http://www.blacklistednews.com/You_Won%E2%80%99t_Believe_Which_Big-Name_Groups_are_Opposed_to_Flu_Vaccine_Mandates/40987/0/38/38/Y/M.html
Posted by: no-vac | January 19, 2015 at 01:27 AM
Google "Catholics against vaccination" there is a lot out there ...
If you aren't Catholic say you are!! If your Catholic school requires vax show them them sites.
One interesting ethical twist: you don't have to avoid vax derived from fetal tissue if you don't know it is in The shot. Therefore one of these docs implies that it is best not to tell people and save them from the dilemma. So I suggest printing out the vaccine ingredient list from the cdc and passing it out at your church this Sunday with the part about derived from fetal tissue circles. Also circle aluminum, mercury, beef heart tissue and anything else that you think could be an ethical problem if you care about preventing your baby from being injected with it. Print it and pass it out. Leave it in pews. What about links to flu vax and miscarriages? There is a very clear argument for Roman Catholics against vaccination. NY Catholics, use it
Posted by: Anita Donnelly | January 17, 2015 at 09:14 PM
Greta,
Yes, there are sympathetic doctors. They are powerless.
Posted by: Linda1 | January 17, 2015 at 06:44 PM
Unbelievable here in America in one of the original 13 colonies. I fear this is just the beginning.
Posted by: Denise Anderstrom Douglass | January 17, 2015 at 04:21 PM
This is horrific that a person can't protect herself from forced vaccination based on fear of well documented vaccine harm or death (the govt provides ample evidence for that), and one needs to invent fictitious religions to defend herself from medical terror. This is genocide what the US/NY govt is doing to its citizens.
Posted by: no-vac | January 16, 2015 at 10:54 PM
Friends, Have you ever seen a map of the United States with the levels of mercury displayed- That is the tons of mercury spewed out of smoke stacks into the air that you breathe ? Almost the entire easterm seaboard , and right up to Chicago is a mass of black dots denoting the tons of mercury. What this means is that a mother gets to breathe that air, give birth to a child already high in mercury, and then vaccinate that baby with a flu shot that may also be high in mercury. Oh, and lets not leave out the fact that the mercury in the flu shot will damage her child's immune system for some months- no question about that. The drinking water in some cities has high levels of mercury and some mothers have swallowed the lie that eating fish is good for their child or unborn baby (Yes, it might have been good for your child if it did not have high levels of mercury). All of this is well known to mercury toxicologists , but it appears that they have little voice in this arena, despite being the specialists
Posted by: Cherry Sperlin Misra | January 16, 2015 at 10:02 PM
Appeal for sure. In the meantime, if I remember correctly, it only takes 5 people to create a church in the state of NY thus I think the formation of a church that has as one of its tenets that vaccines are not mandated by God and therefore optional/prohibited could be formed. Then file for a religious objection. Another avenue, are there sympathetic doctors?
Posted by: Greta | January 16, 2015 at 08:03 PM
Another reason why the U.S. is no longer the land of the free..wake the sheeple up people.
MMR RIP
Posted by: Angus Files | January 16, 2015 at 02:04 PM
The moronic criminals from local regime have created self serving vaccine rules, which they call "law" and demand that people maim or kill their children to obey these rules. The parents should never obey them, they should sue these criminals (attorney general and his cronies) for attempt to kill their children, or they should start antivaccine revolution. The whole nation will follow and we will be done with this crime against humanity called mandatory vaccinations.
Posted by: no-vac | January 16, 2015 at 01:39 PM
Is there a reason that there are …Federal laws for cantaloupe production… to protect all Americans,
and a number of states have …banned mercury flu shots… for those under three years of age…
however, any city council can mandate the same "liability free" vaccines banned in other states ?
...with most of the vaccine safety studies provided by indicted doctors from Denmark ???
Posted by: cmo | January 16, 2015 at 01:35 PM
Reposting my comment to this story from the other day:
I hope and pray that not even one parent will succumb to this rights-stripping, discriminatory, dangerous, possibly deadly, mandate.
New Yorkers, better to keep your children home and/or home school than to allow any vaccine to enter your child's body. Once in, you can't get it/them back out, and you have just allowed neurological, immunolgoical, GI tract, and nervous system damage to begin...in earnest...for your child's lifetime.
Far better to focus on that which will protect, maintain, and enhance your child's health (and that most certainly does not include vaccinating). Then, if/when your child gets ill, he/she will be equipped to ward off and/or fight incoming illnesses...and gain natural, lifetime immunity to certain diseases he/she might encounter...thus priming, fine-tuning, and equipping his/her immune system to be successful and functioning well in the years ahead!
As Thomas Jefferson so eloquently stated: When injustice becomes law, resistance becomes duty. New Yorkers...RESIST...and REFUSE the flu vaccine, and all the rest, too!
Posted by: Laura Hayes | January 12, 2015 at 02:25 PM
Posted by: Laura Hayes | January 16, 2015 at 12:39 PM
we were on the fence about homeschooling... so thanks for making our decision easier new york
Posted by: sarah | January 16, 2015 at 10:31 AM
We must Appeal
Posted by: Jak | January 16, 2015 at 09:05 AM
We must appeal .
Home education here we come .
Doesnt matter what you do . We refuse your poisons .
Posted by: Scholl | January 16, 2015 at 07:36 AM