From Mary Holland, CHD President & General Counsel on Leave <[email protected]>
Subject Another victory for medical freedom
Date May 27, 2023 7:01 PM
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Children's Health Defense

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Another CHD Victory for Medical Freedom 1000x521

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Dear John,

Earlier this week, Children's Health Defense (CHD) won a major
victory for medical freedom when New York State - in response
to a CHD-sponsored lawsuit - repealed the state's COVID
vaccine mandate for healthcare workers.

This week's win proves once again how critical CHD's
legal work is to this movement - but there are still many court
battles to win.

Can you make a donation today to help CHD score more victories for
medical freedom?

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Donate Today

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Here's what happened in New York: In October 2022, CHD
sponsored a lawsuit challenging New York's statewide COVID
vaccine mandate for healthcare workers, which threw 34,000 out of
work and crippled the healthcare system.

In January, we won that lawsuit when a judge declared the mandate for
healthcare workers "null, void, and of no effect" and
"arbitrary and capricious."

The state requested and received a stay of the lower court's
decision pending appellate review.

On Wednesday this week, CHD's attorneys were minutes into arguing the
case before a New York appeals court when an attorney for the state
announced the state's plan to repeal the mandate -
astonishingly claiming that the lawsuit is "moot."

But the story didn't end there - the state then requested
that the appeals court vacate the January 2023 decision striking down
the mandate.

In other words, faced with near-certain defeat, New York State tried
to erase our stunning trial court victory.

As the joint statement from CHD and Sujata Gibson, the attorney
representing the plaintiffs, noted:

"In what can only be described as pure gamesmanship, New York
State asked the court to withdraw their appeal but overturn the lower
court's decision, without looking at the merits, on the grounds
that it was now moot."

Gibson also told CHD TV:

"The law does not allow an agency to voluntarily stop an
illegal activity and then claim they shouldn't be held legally
accountable."

Kim Mack Rosenberg, acting outside counsel for CHD, praised
Gibson's work:

"Representing those healthcare workers, Ms. Gibson clearly and
effectively demonstrated to the appellate panel the state's
attempt to avoid accountability.

"The state's mandate devastated the lives of over 30,000
healthcare workers. Accountability is important both for the mandate
at issue here and with respect to future potential actions by the
state."

This week's victory and the cynical gamesmanship that followed
demonstrate more clearly than ever why CHD must continue their
legal efforts.

Our adversaries are callous and shameless. Our regulators are bought.

But Children's Health Defense will pursue every avenue to
protect our right to make personal health choices . . . including
going to battle against any state that tries to force mandates on
anyone.

CHD will continue to fight in the courts and elsewhere. But they need
your help.

Please donate today and help CHD win cases like this one in states
nationwide.

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Donate Today

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With your help, CHD will continue to assert our rights and push back
the tyranny.

Thank you for your support!

Mary Holland's signature

Mary Holland

Mary Holland
President and General Counsel on Leave
Children's Health Defense




 

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ChildrensHealthDefense.org
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Children's Health Defense is a 501(c)(3)
non-profit organization. Our mission is to end childhood health
epidemics by working aggressively to eliminate harmful exposures, hold
those responsible accountable and establish safeguards to prevent
future harm. We fight corruption, mass surveillance and censorship
that put profits before people as well as advocate for worldwide
rights to health freedom and bodily autonomy.

 

Children's Health Defense
852 Franklin Ave., Suite 511
Franklin Lakes, New Jersey 07417
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