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The Lack of Legal Precedent for Modern Day U.S. Mandatory Vaccination Laws

No other country requires as many childhood vaccines as the U.S., but the legal edifice shoring up the compulsory childhood vaccine program is surprisingly flimsy. As New York University legal scholar Mary Holland explains in a 2010 working paper, this edifice relies primarily on two century-old Supreme Court decisions—from 1905 and 1922—and on the game-changing National Childhood Vaccine Injury Act (NCVIA) of 1986, which fundamentally altered the legal landscape for vaccination by exempting vaccine manufacturers and medical practitioners from liability for childhood vaccine injuries. The 1986 Act, in particular, resulted in an absence of legal protections for vaccinated children that is “striking compared to almost all other medical interventions.” Examining the legal trajectory of vaccine mandates since 1905, Holland argues that current childhood mandates are not only radically different from what the earlier courts and legislators envisioned but are “unreasonable and oppressive and have led to…perverse results” that do not safeguard children’s rights and health.

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America’s Vaccine Civil War: Baylor Doctor Attacks Mothers of Vaccine Damaged Children in Attempt to Silence Them

Dr. Peter Hotez of Baylor University has viciously attacked parents of vaccine damaged children, accusing them of "hating" their children, and calling on government leaders worldwide to silence their voices. As editor of Health Impact News, I am presenting two dissenting responses by two extremely well-educated and informed women, who are also mothers of vaccine-damaged children: Barbara Loe Fisher, Co-Founder and President of the National Vaccine Information Center, and Mary Holland, law professor at New York University School of Law. These two distinguished women represent the national cries for vaccine safety, and they represent the effort nationwide to support informed consent to medical procedures like vaccines, opposing the vaccine extremists agenda to mandate vaccines for ALL people in ALL situations ALL of the time, by force if necessary. Baylor University, where Dr. Peter Hotez serves as Dean of the National School of Tropical Medicine, presents themselves as a "A Private Christian University and a Nationally Ranked Research Institution." Their About Us page states that this is their "Values and Vision" statement: "Baylor's mission is to educate students for worldwide leadership and service by integrating academic excellence and Christian commitment in a caring community." Do Dr. Hotez's attacks against parents of vaccine-injured children fit in with Baylor's supposedly Christian philosophy?

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Confronting Vaccine Resistance: Brain Washing and Social Engineering of Medical Students

On November 21, 2016, Dr. Suzanne Humphries and New York University (NYU) law professor Mary Holland attended a meeting called "Confronting Vaccine Resistance: Strategies For Success" at NYU Langone Medical Center in New York, New York. The meeting's speakers were Senator Dr. Richard Pan, Dr. Paul Offit and Dorit Rubenstein Reiss - all proponents of mandatory vaccines. The speakers were primarily addressing medical students at NYU. Unfortunately, the medical students in attendance at this event apparently only heard the extremist view of mandatory vaccines, the view that ALL vaccines are safe and effective for ALL people, ALL the time, by force if necessary. The students could have benefited greatly in an open dialog on this subject if Dr. Suzanne Humphries and Mary Holland had been allowed to participate. Dr. Humphries is a nephrologist (kidney doctor) who once administered vaccines in her practice, and has now come to the conclusion that vaccines are not the best solution to fight disease for anyone, and that doctors and medical students are not being taught all the science behind vaccines to make informed decisions for their patients. Law professor Mary Holland has lectured and written on the legal aspects of denying U.S. citizens the right to "informed consent" when it comes to a medical procedure like vaccines.

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N.Y. Law Professor Addresses U.N. on Government Vaccine Policies Violating the Nuremberg Code

New York University research scholar and law professor Mary Holland recently addressed the United Nations at the 25th International Health and Environment Conference. Professor Holland has been one of the lone voices in the U.S. addressing the legal ramifications of removing parental rights to informed consent for childhood vaccines. Professor Holland sees major civil rights issues involved in government vaccine policies that remove informed consent rights to refuse mandatory vaccinations. She reminds the United Nations that history has shown us the results of such overt government intrusion into personal medical rights. World-wide human rights legislation has been put into place to protect individuals from government intrusion into medical abuse, starting with the Nuremberg Code just after the atrocities of Nazi Germany after World War II. Professor Holland states: "[T]he UN and the international community have obligations to respect human rights related to vaccination. Since World War II, the international community has recognized the grave dangers in involuntary scientific and medical experimentation on human subjects. In the aftermath of Nazi medical atrocities, the world affirmed the Nuremberg Code which stated that the 'voluntary consent of the human subject is absolutely essential.' The International Covenant on Civil and Political Rights further enshrined this prohibition against involuntary experimentation in its 1966 text, stating 'no one shall be subjected without his free consent to medical or scientific experimentation.' Such a prohibition is now so universally recognized that some courts and scholars have pronounced the right to informed consent in experiments as a matter of customary international law."

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Could Proposed Mandatory Vaccine Laws Survive Legal Challenges?

There is a national push to remove vaccine exemptions for school-aged children, and new laws and regulations are being proposed all across the U.S. for mandatory vaccinations. What are the legal challenges to now legislating mandatory vaccinations to a population that no longer has the right to legal redress against the manufacturer of potentially faulty vaccines that are known to maim and kill people? Is it Constitutional to remove the right to informed consent, and the right to refuse such a product if it is administered by force? Mary Holland, a research scholar and professor at NYU School of Law, addresses that question.

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