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Opinion December 3, 2020 3 mins read

Doe v. Merck Could See SCOTUS Weigh On In Legality Of Mandatory Vaccines

Opinion ı By Carmine Sabia

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Vaccination

With vaccines on the horizon for the COVID-19 pandemic, much attention has been paid to how the distribution will work.

Many have wondered if people will be forced by their employers, schools, or even entertainment facilities to take the vaccine and to have proof handy showing that they have taken the vaccine.

Which inevitably comes back to other forced vaccinations, like the MMR vaccine that one has to get before being allowed to be enrolled at just about any school.

A case that has been ongoing for a long time is Doe v. Merck which could now find its way to the Supreme Court of the United States (SCOTUS).

The crux of the case is the argument by the plaintiff that the mercury in thimerosal-containing vaccines caused his autism disorder.

The plaintiff believes that the MMR vaccine for Measles, Mumps, and Rubella that was administered to him in 1999 is responsible for his condition.

The attorneys for the plaintiff named the manufacturer of the vaccine, Merck & Co., along with several government agencies including Health and Human Services, HHS Secretary Thomas Price, FDA Commissioner Scott Gottlieb, and the United States of America.

The plaintiff argued that there was a violation of the National Childhood Vaccine Act of 1986 as well as fraud, and conspiracy to commit fraud.

The United States District Court for the Eastern District of New York dismissed the claim as “meritless” and said it lacked jurisdiction because the plaintiff “has failed to exhaust his administrative remedies.”

Now his attorney, Patricia Finn, has filed a petition for a writ of certiorari with the Supreme Court. A writ of certiorari is described by the United States Courts website as “a request that the Supreme Court order a lower court to send up the record of the case for review.”

On a crowdfunding website, the attorney said that their firm had “filed the most important case they have handled in over two decades of fighting to secure medical freedom rights for their clients.

It called the case “a culmination of years of litigation, and the hard work and sacrifice of all the families they have represented in the fight for vaccine choice and safety.”

“We now have an opportunity, for the first time in over 100 years, to argue the lawfulness of mandatory vaccinations that withhold exemptions for children, soldiers, health care workers, and many others, who are refusing forced vaccinations,” Finn said on Age Of Autism.

She said that the plaintiff now has to be placed in a group home where he will, again, be forced to be vaccinated as he was not able to obtain a medical exemption.

If the Supreme Court does take the case it could be groundbreaking. With a 6 – 3 conservative majority on the Court, there is a chance that mandatory vaccinations could be deemed unconstitutional, which would have a ground-shaking effect nationwide, not only for the coronavirus vaccines but for all mandatory vaccinations in schools and businesses. This should be a fascinating case to keep an eye on.

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Carmine Sabia

Carmine Sabia Jr started his own professional wrestling business at age 18 and went on to become a real estate investor. Currently he is a pundit who covers political news and current events.

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