Dr. David Martin has filed a case with the Supreme Court of the United States. https://www.supremecourt.gov/DocketPDF/21/21A248/207057/20211230163644594_AFLDS%20amicus%20brief%20in%20support%20of%20emergency%20applications%20re%20OSHA%20ETS%20cases.pdf “

Since they do not create immunity, but are claimed to merely reduce the symptoms of the disease, the so called Covid-19 vaccines are treatments, not vaccines.

20 Even the FDA has classified them as “CBER-Regulated Biologics” otherwise known as “therapeutics” which fall under the “Coronavirus Treatment Acceleration Program.”

21 The FDA’s “therapeutics” classification of the injections is consistent with representations made by Pfizer partner BioNTech to the Securities and Exchange Commission (“SEC”) in its 2020 Annual Report, where it stated with regard to the mRNA technology forming the basis of its Covid-19 injection:

Although we expect to submit BLAs [biologics license applications] for our mRNA-based product candidates in the United States, and in the European Union, mRNA therapies have been classified as gene therapy medicinal products, and other jurisdictions may consider our mRNA-based product candidates to be new drugs, not biologics or gene therapy medicinal products, and require different marketing applications

22 Similarly, in its June 30, 2020 Quarterly Report to the SEC, Moderna stated with regard to the mRNA technology underpinning its injection:

“Currently, mRNA is considered a gene therapy product by the FDA.”

23 Thus, the medical community, the relevant agencies, and both Pfizer and Moderna — the manufacturers of the dominant injections — recognize that the so-called vaccines are therapeutics, or medical treatments. Since they do not achieve immunization, this conclusion is also consistent with Congress’ definition of vaccines in establishing the National Vaccine Program in 1986: the “prevention of human infectious diseases through immunization.”

24 Accordingly, we herein refer to the Covid-19 “vaccines” as Covid-19 injections. The Government’s attempt to mandate treatments is subject to strict scrutiny. The judiciary has too often assumed without analysis that requiring individuals to submit to Covid-19 injections is permissible under the determination made in Jacobson.

25 However, because these injections do not confer immunity, but are instead merely treatments that may reduce the severity of symptoms, the proper analysis stems from Cruzan v. Dir., Mo. Dep’t of Health, 497 U.S. 261 (1990).

26 In Cruzan, the Court addressed whether the parents of a young woman severely brain damaged in a car wreck could compel the hospital to remove her from life support in the absence of any clear directive memorializing her intent. Missouri …………… https://www.supremecourt.gov/DocketPDF/21/21A248/207057/20211230163644594_AFLDS%20amicus%20brief%20in%20support%20of%20emergency%20applications%20re%20OSHA%20ETS%20cases.pdf

Since they do not create immunity, but are claimed to merely reduce the symptoms of the disease, the so called Covid-19 vaccines are treatments, not vaccines.20 Even the FDA has classified them as “CBER-Regulated Biologics” otherwise known as “therapeutics” which fall under the “Coronavirus Treatment Acceleration Program.”

21 The FDA’s “therapeutics” classification of the injections is consistent with representations made by Pfizer partner BioNTech to the Securities and Exchange Commission (“SEC”) in its 2020 Annual Report, where it stated with regard to the mRNA technology forming the basis of its Covid-19 injection: Although we expect to submit BLAs [biologics license applications] for our mRNA-based product candidates in the United States, and in the European Union, mRNA therapies have been classified as gene therapy medicinal products, and other jurisdictions may consider our mRNA-based product candidates to be new drugs, not biologics or gene therapy medicinal products, and require different marketing applications.

22 Similarly, in its June 30, 2020 Quarterly Report to the SEC, Moderna stated with regard to the mRNA technology underpinning its injection: “Currently, mRNA is considered a gene therapy product by the FDA.”

23 Thus, the medical community, the relevant agencies, and both Pfizer and Moderna — the manufacturers of the dominant injections — recognize that the socalled vaccines are therapeutics, or medical treatments. Since they do not achieve immunization, this conclusion is also consistent with Congress’ definition of vaccines in establishing the National Vaccine Program in 1986: the “prevention of human infectious diseases through immunization.”

24 Accordingly, we herein refer to the Covid-19 “vaccines” as Covid-19 injections. The Government’s attempt to mandate treatments is subject to strict scrutiny. The judiciary has too often assumed without analysis that requiring individuals to submit to Covid-19 injections is permissible under the determination made in Jacobson.25 However, because these injections do not confer immunity, but are instead merely treatments that may reduce the severity of symptoms, the proper analysis stems from Cruzan v. Dir., Mo. Dep’t of Health, 497 U.S. 261 (1990).26 In Cruzan, the Court addressed whether the parents of a young woman severely brain damaged in a car wreck could compel the hospital to remove her from life support in the absence of any clear directive memorializing her intent. Missouri” Janne Andersson

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