Legal Response to the Department of Justice
The following email was sent to United Federation of Teachers (UFT) President Michael Mulgrew with Randi Weingarten and Andy Pallotta cc’d on August 6, 2021, at 5:10 am. Feel free to re-send this letter to them yourself, if you are so inclined:
<email@example.com>, <firstname.lastname@example.org>, <Andrew.Pallotta@nysut.org>
To the Honorable Michael Mulgrew and all of the UFT attorneys my union dues pay for:
cc Andy Pallotta, Randi Weingarten
During your August 3rd town hall call you made the following statement:
- The government can mandate vaccination for its employees
- The status of Emergency Use Authorization (EUA) “is irrelevant”
Attached please find an extensive legal opinion that challenges this interpretation and proves the following major points:
- Such a statement runs contrary to section 564 of the FDCA
- EUA status is recognized as “experimental” by the FDA
- EUA status is recognized as “experimental” by the NIH
- EUA status is recognized as “experimental” by the CDC
- EUA status is recognized as “experimental” by the DOD
The supreme case law in this matter is Doe vs Rumsfeld, where an EUA anthrax vaccine was mandated for military personnel. Unnamed personnel sued the DOD in 2004 claiming they could not be forced to take the anthrax vaccine and they won.
No case has yet to abolish this precedent.
In addition I would like to add I am currently working with attorneys who state clearly even after a COVID vaccine is FDA approved it will still be recognized as experimental under international law since the product is barely one year old and the clinical trials do not end until January of 2023.
Please read the attached legal response letter from the law firm Siri & Glimstad, and please have the UFT attorneys whose salaries are paid for by my union dues read this opinion as well. I do not want to pay the salaries of attorneys who merely puppet the legal opinions of powerful Democrats, rather they should be exploring this matter independently. The fact that the word “experimental” is all over CDC, NIH, FDA guidance around EUA status makes me wonder if UFT attorneys were even aware of this reality prior to telling you to inform membership EUA status is irrelevant for mandating vaccination for educators.
Thank you kindly for your time.
(…and thousands of educators)