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Rodden v. Fauci

The Biden administration issued a September 2021 Executive Order proclaiming it was “necessary to require COVID-19 vaccination for all Federal employees” to halt the spread of the disease. NCLA argues the Federal Vaccine Mandate undermined James Rodden and other Plaintiffs’ constitutional rights to bodily integrity and to decline medical treatment, and their statutory right to withhold informed consent. It conditioned their employment on willingness to take a vaccine that was medically unnecessary for them given their existing antibody levels. Their proof of antibodies demonstrated sufficient natural immunity to protect their co-workers as well or better than approved COVID-19 vaccines. These Plaintiffs all possessed medically confirmed naturally acquired immunity. 

The federal government did not consider employees fully vaccinated until two weeks after receiving a full one-or-two-shot series. Those who did not comply with the November 8, 2021 vaccination deadline faced potential disciplinary action, including employment termination. Several experts attested that it was medically unnecessary for these individuals to undergo vaccination at that point. Though the COVID-19 vaccines appear relatively safe at a population level, they still carry a risk of side effects, including severe adverse reactions and even death in rare cases.  

Given naturally acquired immunity, the Federal Defendants could not establish a compelling governmental interest in overriding Plaintiffs’ constitutional rights and personal autonomy by making their continued employment contingent upon COVID-19 vaccination. The Federal Vaccine Mandate also violated federal law allowing the government to authorize drugs that have not yet received full FDA approval and make them available on a strictly voluntary basis. That statute notes patients’ right to informed consent and to refuse administration of an EUA drug. The Safer Federal Workforce Task Force, which included Dr. Anthony Fauci, turned a permissive procedure to get possibly helpful drugs on the market in a crisis into an unlawful mandate. 

Sheng Li
Litigation Counsel
Jenin Younes
Litigation Counsel
John J. Vecchione
Senior Litigation Counsel

Reply in Support of Plaintiffs’ Motion to Lift Stay, Certify Class, Grant Summary Judgment, and Issue Permanent Injunction

June 23, 2023 | Read More

Defendants’ Response in Opposition To Plaintiff's Motion to Lift Stay and for Summary Judgement

June 16, 2023 | Read More

Plaintiffs’ Opposed Motion to Lift Stay, Certify Class, Grant Summary Judgment, and Issue Permanent Injunction

May 31, 2023 | Read More

Order Granting Defendants’ Motion to Stay

February 23, 2022 | Read More

Defendants’ Motion to Stay

February 10, 2022 | Read More


NCLA & TPPF File Class-Action Suit for Naturally Immune Fed. Employees Against Covid Vaccine Mandate

November 5, 2021 | Read More


Fauci Files: Twitter's Courting of COVID-19 Vax Censorship


May 15, 2023




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