Earlier today Governor Northam issued an executive order announcing that all state workers must be vaccinated for COVID, or face weekly tests, beginning September 1st. But is it legal or does it conflict with federal law?
Following the announcement Delegate Dave LaRock sent the following letter questioning the Governor’s authority to require all 122,000 state workers to be vaccinated.
>>>>Governor Northam,
Under federal law, each person has the right to refuse a vaccine with only an emergency use authorization. The FDA’s published Guidance document spells out how products that are under EUAs are to be administered:
[S]ection 564 does provide EUA conditions to ensure that recipients are informed about the MCM they receive under an EUA. For an unapproved product (section 564(e)(1)(A)(ii)) and for an unapproved use of an approved product (section 564(e)(2)(A)), the statute requires that FDA ensure that recipients are informed to the extent practicable given the applicable circumstances:
• That FDA has authorized emergency use of the product;
• Of the significant known and potential benefits and risks associated with the emergency use of the product, and of the extent to which such benefits and risks are unknown;
• That they have the option to accept or refuse the EUA product and of any consequences of refusing administration of the product; …. and
• Of any available alternatives to the product and of the risks and benefits of available alternatives.
[FDA, “Emergency Use Authorization of Medical Products and Related Authorities: Guidance for Industry and Other Stakeholders,” (January 2017) (emphasis added).]
Please respond to the following questions as soon as possible:
- Under what authority are you requiring an EUA product for all Executive Branch employees, when the EUA statute requires that recipients “…have the option to accept or refuse the EUA product….”?
- For those who refuse the EUA product, what testing will be required? Particularly, after December 31, 2021, when CDC will withdraw the request to the U.S. Food and Drug Administration (FDA) for Emergency Use Authorization (EUA) of the CDC 2019-Novel Coronavirus (2019-nCoV) Real-Time RT-PCR Diagnostic Panel, the assay first introduced in February 2020 for detection of SARS-CoV-2 only. https://www.cdc.gov/csels/dls/locs/2021/07-21-2021-lab-alert-Changes_CDC_RT-PCR_SARS-CoV-2_Testing_1.html
Sincerely,
Delegate Dave LaRock
Virginia House of Delegates, 33rd District<<<
30 comments
SMH, TBE wanta be legal and medical scholars are out en masse w the vacant rabble rousing on this one.
And now insurance companies are going to require the vaccination or you get to foot you’re own bill. Free market
Put your mask on.
Frankly, I don’t know for sure why the gene therapy “vaccines” were given an Emergency Use Authorization (EUA). There certainly was not enough testing on animals, none on humans. Cheap, effective treatments existed which should have negated the EUA, although they were banned, like in Virginia, though used successfully by some brave physicians. (My caring Del. Dave LaRock’s bill last August to permit out of hospital use of hydroxychloroquine was defeated.)
Dr. Robert Malone, one of the scientists who helped to develop the technology, believes it should not be used against covid-19. His recent Washington Times op ed, “America’s misguided and deadly universal vaccine strategy,” included many reasons for his opposition. E.g., Unknown side effects, a belief that vaxxing everyone except the elderly is a fool’s errand: “The more people you vaccinate, the greater the number of vaccine-resistant mutations you are likely to get, the less durable the vaccines will become, ever more powerful vaccines will have to developed, and individuals will be exposed to more and more risk.” So mandated universal vaccinations is nuts.
It’s too bad Half a Troll is so uninformed.
Take the polymerase chain reaction (PCR) test that is used to diagnose covid. However, it was never meant to be used in diagnostics, only research, and for good reason. I have read that it is only about 3% accurate, creating huge numbers of false positives that make the incidence of covid-19 much greater. The test also picks up the flu. Unfortunately, the number of “cases,” based on the PCR test, is misleading, enough to cause fear, masking, lockdowns. etc.
Then there is the problem with toxic spike proteins migrating to vaccine recipients’ organs.
Doctors (like Peter McCollough, a genius) and scientists are crying out with the truth of the vaccines. For their love of humanity, they are fired, vilified, canceled. Why? WHO is afraid o the truth?
“There certainly was not enough testing on animals, none on humans.”
Like the rest of your comment this is demonstrably false. The Pfizer Phase 3 had 43,000 human participants.
The mRNA “vaccines” are experimental, i.e., have not successfully completed the human testing demanded by law. Thus, they required the FDA to issue an Experimental Use Authorization. Since the “vaccines” are authorized for use only under an EUA, it can never be given to humans coercively, a law of bioethics. Mandates are thus illegal. The testing is now taking place by all of us. However, the data about the incidence of the virus are suspect due to the use of unreliable PCR testing that grossly inflate them. That begs the question: were we actually in a pandemic? Also, the haphazard accumulation of adverse side effects is also suspect. Whistleblowers claim serious side effects, even deaths, are underreported.
“…have not successfully completed the human testing demanded by law…”
Absolutely untrue. The applications for full authorization are complete (which means all testing is complete) and are under review. Full authorization can come as early as the end of this month. Which begs the question, which tactic will Conservatives take to undermine the vaccine then? We know it is coming, apparently they wish to perpetuate the pandemic.
But please don’t ever try to deflect the blame for Covid under vaccination rates in this country again. These last two posts demonstrate exactly what is happening and the outright lies that are being propagated by rightwing ideologues including LaRock to the detriment of public health. You all own every new variant that emerges. You have no shame.
Why does David LaRock continue to seek to undermine public confidence in the Covid vaccine? He sees it as a political election wedge issue designed to enliven his base and raise funds. He has no interest in advancing the interest of public health and instead risks new Covid variants in the name of political gamesmanship. He is irresponsible and needs to be ousted. His opponent, Paul Siker, is a responsible moderate and will never put himself above the welfare of the public.
You couldn’t be more wrong. LaRock very much wants to educate people on this experimental vaccine. It has nothing to do with politics. It’s all about getting information to the public. We all know our MSM won’t tell us the truth. Dave also wants our politicians, including the Governor, to follow the law. Is that too much to ask?
Of course it is too much to ask. Democrats want to control information and hide that which is not useful to the agenda. The truth is a casualty for a reason.
The truth, Doc, is that you and your ilk wish to undermine the best chance we have to beat Covid because you think there is some kind of political gain to be. had if you do. You care about nothing else. Now variants (plural) are surging and the blame falls squarely on your shoulders.
LaRock has done nothing but undermine the vaccine in public and fund raise off the effort. He’s even got you doing it now. Did he talk you out of getting vaccinated as well, Jeanine, or did you take the “experimental vaccine”? Pretty sure he got his vaccine, J. He is a hypocrite and a political demagogue. Nothing more. Now the variants are surging and LaRock is right in the middle of it. Irresponsible and radically dangerous to public health. He needs to go.
I was listening to the radio this morning and much of the discussion was about vaccines and vaccine alternatives like natural immunity. Well, if ‘COVID 19 vaccines are so important and so safe, why not indemnify anyone who gets hurt or killed by the COVID 19 “vaccine”. Huge amounts of money are being spent trying to convince and coerce people, why not just say the “vaccines” are quite safe but if you take them and are obviously hurt by them, then we will pick up your medical costs for up to one year. ( If you die, the government pays your family $100K. If you suffer a long term consequence, the government will pick up the tab for medical bills up to one year.)
The problem here is that Democrats figured out that 90% coercion is more effective than mandating 100% compliance. They say you don’t have to do XX but, if you don’t, then you have to subject yourself to awkward, uncomfortable, or painful repercussions. They then relieve their very small liberal consciences by saying “you have a choice,” which you do, but it isn’t really FREEDOM.
Well said David!
Thank you.
It is a shame that Conservatives have demagogued the vaccine in an attempt to undermine public confidence in it. As new variants emerge, they and they alone will own the deaths, hospitalizations, and economic fallout. Wasn’t it just this week that there was a TBE piece that attempted to deflect blame for the Delta variants away from Conservatives. Now we have two anti-vaccine fear posts by Conservative contributors back-to-back. You all have no shame.
The Chinese government is responsible for creating a biological weapon and having poor safety standards that led to its release. Further, China hid its release from the world so they would not look bad and then destroyed the evidence. China is responsible. Nobody else.
No, when this could have been best and Conservatives actively moved to undermine that effort for what they thought might be political gain, they are indeed now responsible parties for the resurgence. Take some responsibility for your actions for once!!
“…could have been beat…”
Eric, I don’t know if you noticed, but COVID is a global pandemic. Even if every American gets vaccinated, the people living in wretched squalor in Mexico City, or India, or Africa are going to keep creating COVID mutations forever. It is not going away and it does not matter how many vaccinations Americans get. The only way to have stopped COVID was for the Chinese to have taken responsible preventative measures, which they did not. China’s fault. 100%.
David, take responsibility for your actions. Your efforts to undermine the vaccine for supposed political gain means that there are large pools of live virus in the American population that is actively adjusting and mutating to new variants every day. That did not have to be. This is what you all caused and you need to own it. You were warned by the very people you demagogued yet you chose to go forward with your campaign against the vaccine. Had you all supported the vaccine and had we instead unified around it, there would be no place for the new variants to get a foothold in the US. Instead you created the perfect petri dish for them to flourish in our own population. This is the now, more than ever, the Conservative plague.
I am not certain that this was accidental, and we will certainly never know the truth. Probably our best guess as to deliberate versus accidental release is the increasing evidence of tremendous fraud associated with the election. Getting rid of Trump threw out all conventions of decency – and Chinese communists have never been noted for decency.
The democrat rulers don’t care about messy things like the rule of law or the Constitution. They will do whatever they want and the little people should just shut up. It used to be it was for our own good. Now it is all about their show of power.
Oh it’s even worse than that;
On the Presidential level you have the Democrat President’s Press Secretary Paski calling out Republican Governor Desantis for not issuing a mask mandate for schools but she won’t dare call out Democrat Governor Northam on the exact same issue.
Democrats are just plain corrupt all the way to the top.
Doc, all so-called “vaccine mandates” are perfectly legal and Constitutional. Every person has a choice and no vaccine requirements remove a religious or health exemption. Stop lying. Also, stop talking to yourself.
I say again, “The problem here is that Democrats figured out that 90% coercion is more effective than mandating 100% compliance. They say you don’t have to do XX but, if you don’t, then you have to subject yourself to awkward, uncomfortable, or painful repercussions. They then relieve their very small liberal consciences by saying “you have a choice,” which you do, but it isn’t really FREEDOM.”
Thanks for proving my point.
Actually, David, it is very easy to claim a religious or health exemption. So no, you are incorrect in your characterization. Now how many times did I read comments on this very blog back when the NFL was forcing football players not to kneel something to the effect of “if they want to kneel for the national anthem, they need to find another job…”? Too many to count. In that case, their Rights WERE actually being violated unlike any so-called vaccine mandates.
Your logic is so twisted that I can’t deal with it. Time to take a nap.
Eric, I’m just going to bask in blogging glory knowing that you did not see my comment first, and then posted exactly what I said Democrats say. Again, thanks for proving what bastards you Democrats are. You can fantasize about football players all you want.
I saw what you wrote, David. I simply reject your characterization as inaccurate. As usual.
https://lc.org/newsroom/details/073021-covid-shot-mandates-and-the-nuremberg-code