New York Bar Calls for COVID-19 Vaccine Mandate and Promotion

New York Bar Calls for COVID-19 Vaccine Mandate and Promotion

Opinion | The New York State Bar Association (NYSBA) House of Delegates approved resolutions on Nov. 7, 2020 that included urging the state to consider mandating a COVID-19 vaccine once “scientific consensus” emerges that it is safe, effective and necessary.1 The NYSBA also called for a number of other legal reforms and public health measures related to COVID-19, such as adopting crisis standards of care, developing resource allocation guidelines, and conducting public awareness campaigns to urge voluntary vaccination.

The resolutions were prepared by the association’s Health Law Section’s Task Force on COVID-19, which published a report in May, 2020 citing Jacobson v. Massachusetts, a 1905 U.S. Supreme Court case that upheld the authority of states to make and enforce compulsory vaccination laws during public health emergencies, as grounds for launching a rapid mass vaccination plan in New York as soon as the federal government has licensed a COVID-19 vaccine.2

New York is Urged to Enact State Emergency Health Powers Act

The resolutions3 also called for the state to enact a state emergency health powers act “drawing upon the Model State Emergency Health Powers Act (MSEHPA), developed by the Center for Law and Public Health at Georgetown and John Hopkins Universities,” as well as to adopt crisis standards of care and resource allocation guidelines.

Model State Emergency Health Powers Act Addressed Bioterrorism Fears

After terrorist attacks on New York City and Washington, DC on Sept. 11, 2001, and subsequent threats of biological warfare against U.S. citizens, federal health officials immediately began preparing for mass anthrax and smallpox vaccination campaigns. National vaccination programs targeting civilians, including children, were proposed in model state legislation created by Lawrence Gostin, of the Georgetown Center for Law and the Public’s Health with funding from the Centers for Disease Control and Prevention (CDC). The MSEHPA laws proposed to re-write state public health laws to give government health officials sweeping new power over citizens when public health “emergencies” were declared by the Secretary of DHHS or state governors.4

MSEHPA Gives Sweeping New Power to State Health Officials

The MSEHPA, which was passed by many states in 2002, included provisions that would allow state health officials to use the state militia to:  take control of all roads leading into and out of cities and states; seize homes, cars, telephones, computers, food, fuel, clothing, firearms and alcoholic beverages for their own use (and not be held liable if these actions result in the destruction of personal property); and arrest, imprison and forcibly examine, vaccinate and medicate citizens without consent (and not be held liable if these actions result in death or injury).5

As of July 15, 2006, 38 states and Washington, DC have passed a total of 66 bills or resolutions that include provisions from or closely related to the MSEHPA.6

Model Act “replete” with Civil Liberties Violations

The American Civil Liberties Union (ACLU), the National Vaccine Information Center (NVIC), and organizations on both the right and left of the political spectrum have opposed the Model Act for its lack of informed consent protections and other threats to civil liberties. The ACLU found that the Act is replete with civil liberties problems.7

No System of Checks and Balances

Because public health authorities make mistakes, politicians abuse their power, and there is a history of discriminatory use of the quarantine power against particular groups of people based on race and national origin, there must be a system of checks and balances.  The MSEHPA lets a governor declare a state of emergency unilaterally, fails to provide due process procedures for quarantine and other emergency powers, lacks adequate compensation for seizure of assets, and contains no checks on the power to order forced treatment and vaccination.8

Overbroad Definition of “public health emergency”

The Model Act goes well beyond bioterrorism and includes an overbroad definition of “public health emergency” that sweeps in HIV, AIDS, and other diseases that clearly do not justify quarantine, forced treatment, or any of the other broad emergency authorities that would be granted under the Act.9

Lack of Privacy Protections

The Act requires the disclosure of massive amounts of personally identifiable health information to public health authorities, without requiring basic privacy protections and fair information practices that could easily be added to the bill without detracting from its effectiveness in quelling an outbreak.  The Model Act would undercut existing protections for sensitive medical information that not only threatens to violate individuals’ medical privacy but undermines public trust in government activities.10


Note: This commentary provides referenced information and perspective on a topic related to vaccine science, policy, law or ethics being discussed in public forums and by U.S. lawmakers.  The websites of the U.S. Department of Health and Human Services (DHHS) provide information and perspective of federal agencies responsible for vaccine research, development, regulation and policymaking.

References:

1 DeSantis S. New York State Bar Association Calls Upon State To Consider Mandating a Safe and Effective Vaccine if Voluntary Measures Fail To Protect Public Health. New York State Bar Association Nov 7, 2020.
2 DeSantis S. State Bar Association’s Health Law Section Report Calls for Mandatory Equipment. New York State Bar Association May 28, 2020.
3 New York State Bar Association House of Delegates:  Revised COVID-19 Resolutions. New York State Bar Association Nov 7, 2020.
4 National Vaccine Information Center. Model State Emergency Health Powers Act (MSEHPA).
5 Ibid.
6 Centers for Law and the Public Health. The Model State Emergency Health Powers Act (MSEHPA).
7 American Civil  Liberties Union. The Model State Emergency Health Powers Act.
8 Ibid.
9 Ibid.
10 Ibid.

23 Responses to "New York Bar Calls for COVID-19 Vaccine Mandate and Promotion"

  1. Hannibal   November 10, 2020 at 11:19 am

    Nice. So there is nothing to do but to be injected like a beast and possibly die thereafter with the whole strength of law enforcement ?

    Reply
    • Lawrence Greenberg   November 10, 2020 at 3:54 pm

      This is one of the reasons The Second Amendment was written. Let’s see how that plays out.

      Reply
  2. Tom   November 10, 2020 at 11:35 am

    Mengele would be proud… May I paraphrase the Nuremberg Code at the ‘Doctors’ trial in 1947: “the voluntary, informed consent of the human subject is absolutely essential.”

    Are these psychopathic lawyers saying the Nazis had it right all along???? Hmm, I have to disagree with them there.

    We need an amendment to the Constitution that states, absolutely, unequivocally, that no medical ‘treatment,’ (whether vaccine, drug, procedure, whatever) can ever be done to a US citizen against their will. PERIOD. This is absolutely the worst, most nightmarish form of tyranny these Vaccine-forcers are pushing.

    If they want to be guinea pigs or profit centers for toxic Pharma concoctions, so be it. But they CANNOT force it on the rest of us!

    Reply
  3. shelah hockman   November 10, 2020 at 12:23 pm

    Again a Governor will have too much power over We The People. This sounds horrible! h
    who can stop it.! At least the ACLU is thinking right

    Reply
  4. Joy Metcalf   November 10, 2020 at 1:39 pm

    Resist. they’ll have to put a gun to my head and pull the trigger before they vaccinate me with anything.

    Reply
  5. Lawrence Greenberg   November 10, 2020 at 3:50 pm

    “The New York State Bar Association (NYSBA) House of Delegates approved resolutions on Nov. 7, 2020 that included urging the state to consider mandating a COVID-19 vaccine once “scientific consensus” emerges that it is safe, effective and necessary.”

    Safe, effective, and necessary? No vaccine ever made is any of those.

    Reply
  6. Mackler   November 10, 2020 at 7:49 pm

    Why should I have to change my entire life because a few people want to live unhealthy. When I was sick I was forced to change my lifestyle to keep up with the pace of the world….people who are so worried about Covid need to make some life changes… maybe cut out those GMO’s!!!

    Reply
  7. Tom   November 10, 2020 at 8:37 pm

    New York City has the most corrupt court system in the world. I expect if one state gets away with this murderous rampage, all the others will trip over themselves to be next in line. The politicians are gutless and have no problem subjecting their minions to brutal experimentation and outright anti-constitutional actions.

    Reply
  8. Zuto   November 11, 2020 at 12:56 am

    Have you noticed that during the “pandemic” healthcare recommendations have normalized the act of temperature checkers putting a gun to the heads of citizens and pulling the trigger?

    Take note: that same temperature gun may be applied to your wrist or antecubital area (inside the bend of your elbow) and it will adequately register your temperature. I have also seen one fellow practitioner offer up his rear end up, noting that the rectal temperature is the most accurate. The temperature squad accepted his antecubital as a vialble alternative.

    Because I work in hospitals and medical labs, I have to comply with temp checks. Lately, n high volume areas, they have mounted automated temp checks where we are supposed to offer up our heads to a gun mouned on the wall. The Nazis would have liked that option a lot, I think. I managed to make those sensors accept my wrist. Yesterday, there was a mounted on a stand and a display instructing me to stand so that my head appeared in an outline of a head on the monitor. I had to take the head shot on that one.

    At a pre-employment physical recently I balked at the head shot and offered up my wrist, but the shooter refused to be educated.

    I encourage everyone to RESIST the institutionalization and normalization of shooting people in the head (with a temperature gun). Small children in grade shcool have been expelled from school for making a finger gun because it is a terrorist act. Why, then, can anyone anywhere in the US not refuse and criticize others who enact shooting citizens in the head?

    MAKE THIS AN ISSUE.

    Reply
  9. Leve   November 11, 2020 at 12:57 am

    All doctors are Nazis. I mean that as a ideology not merely a derogatory statement. At the end of WWII they discarded, on whole as a profession, what you may call Hippocratic values, rights of informed consent and such in favor of practices advocated by Josef Mengele the Auschwitz “Angel of Death”. Josef Mengele said if you participate in my medical experiments you get sent to the work house otherwise you get sent to the gas chamber. The ideology of Josef Mengele is thought to every doctor today as the “ideal” hence we have the no vaccines no school concept doctors all advocate cumming directly from the writings and practice of every doctor’s favorite Nazi vs. the Hippocratic system where the patient has the absolute last word. Hence they ravel in unethical behavior, using pressure to force people into medical procedures, threats to dismiss them from their practice (malpractice really) and so on. This is why MD is seen as a cesspit profession ethically attracting people of poor moral character and what ever limited reasoning skill they had is drummed out of them in school in favor of a listen and repeat the big pharma line like a parrot. The discarding of their ideals is what has brought the profession low.

    Reply
  10. Zuto   November 11, 2020 at 12:58 am

    Sorry about my typos.

    Reply
  11. Zuto   November 11, 2020 at 1:01 am

    Well, okay, My apology about the typos has passed the censors. Let’s see if the typos in my comment, which is “awaiting moderation,” make it past the censors.

    Reply
  12. Charlotte Luttman   November 11, 2020 at 7:18 am

    COVID-19 vaccines DO NOT prevent anyone from getting the flu virus. Manufacturers merely claim the vaccine may lesson symptoms in case you get the virus. Some clinical trial volunteers were sickened up to 7 days.
    No animal studies done. Volunteers watched for 2 years post vaccine.

    Reply
  13. ser   November 11, 2020 at 10:06 am

    After vaccination people dies like flies !!!

    Reply
  14. cindy   November 11, 2020 at 2:04 pm

    If New York is mandating the vaccine, I wonder if the media will report the sudden deaths from the vaccines.

    All the vaccine trials have been “paused” due to adverse side effects. I am hoping that these big pharma drugs companies get plenty of exposure from the medical world and alternative news sources. I hope God will intervene and stop them from mass genocide.

    Reply
    • JennyM   November 28, 2020 at 1:02 pm

      I hope God intervenes too, if it’s His will. This is total insanity.

      The communist media will spin any deaths or sickness from the vaccine (if they even report them, which they probably won’t!), they’ll probably blame it on the anti-vaxxers who didn’t get the shot and say that the vaccinated got Covid from the unvaccinated. It’s ludicrous how they warp people so easily. If the media told people that the sky is really the color green, after repeating it enough people would start to believe that too.

      Reply
  15. ser   November 11, 2020 at 3:29 pm

    Vaccine takes only stupid, not educated people !!! People who doesn’t want to figure out was they came in vaccine ingredients. !!!

    Reply
    • JennyM   November 28, 2020 at 1:03 pm

      Sadly that is not true. Plenty of so-called ‘educated’ people are being flim-flammed by this propaganda.

      Reply
  16. Butch   November 11, 2020 at 3:45 pm

    There is a lack of true scientific evidence concerning Corona Virus/COVID 19 virus. This is serious stuff and real open discussions and true unbiased scientific studies must take place. False numbers and misleading graphs are worthless and misleading. Real knowledge/education Pro. and Con. must be openly available to everyone. I believe a good place to start is the documentary “Plandemic”. You may not believe or agree with what it said but it is a start and will at least open your mind. Spend some time gaining true knowledge, because it its your life and our nations life. Butch

    Reply
  17. abby b beale   November 12, 2020 at 4:47 pm

    watch the movie 1986 THE ACT and then tell me you would ever consider taking this or any other vaccine.

    Reply
  18. Brian James   November 13, 2020 at 11:20 am

    This country is run by trial lawyers. So, do not be so shocked.

    10/26/20 NIAID Contract Obligates Pentagon to Buy 500,000,000 Doses of Moderna’s COVID Vaccine for $9 Billion

    Contract obtained through Freedom of Information Act raises questions about Fauci, transparency and conflicts of interest.

    https://childrenshealthdefense.org/defender/niaid-contract-pentagon-modernas-covid-vaccine/

    Reply
  19. Jill Herendeen   November 17, 2020 at 1:33 pm

    Did none of them actually READ what the SCOTUS wrote in Jacobson v. Massachusetts? The majority opinion did NOT back vax mandates, it did NOT say Jacobson had to get the vax. Probably because Jacobson & various family members had already had the vax in the past & suffered considerably in consequence. What SCOTUS DID say was that it was OK for Cambridge to FINE Jacobson (a fine which amounted to about $148 in current funds), or let him rot in jail. (It did NOT explain why it thought fining people might prevent a smallpox outbreak. Nor, apparently, did it investigate how many other Cambridgians had paid the fine rather than get the vax. Nor did it, apparently, look into the possibility that the Cambridge Health Dept. might be running a protection racket.) Really, are ALL SCOTUS pronouncements cast in stone, to be blindly obeyed throughout eternity, world w/out end? How about Dred Scott? Maybe it’s time SCOTUS to be deprived of its 1%er status and be forced to live on minimum wage like the public it supposedly serves. I bet that would inject a large dose of REALITY into its pronouncements. Additionally, gotta wonder how many of the NYSBA House of Delegates have substantial conflicts of interest in this subject.

    Reply
  20. Marie   November 22, 2020 at 11:43 pm

    Nothing could be a more obvious violation of the principles of the U.S. Constitution and the Nuremburg Code than mandatory vaccination. No vaccine has proven to be safe and effective. The Covid-19 vaccine is new kind of vaccine and is experimental; some clinical trial participants have suffered from adverse reactions. I’ve heard that the vaccine will change one’s DNA. To inject foreign substances into the human body, as well as viruses or bacteria, is unnatural. At least one of the vaccines–maybe all of them–contain tissue derived from an aborted fetus. Why is it necessary to include tissue from an aborted fetus in a vaccine? I will not accept the vaccine. I’ve heard that millions of people die from tuberculosis each year, yet we are not given a vaccine for TB, and the public is not quarantined just because some people die of it. Never before in the history of the world have healthy people been quarantined during an epidemic or pandemic. Some of the “elite” running the world, such as Bill Gates, have openly stated that they want to reduce the world’s population.

    Reply

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