Physicians for Informed Consent will continue to monitor this important case with far-reaching implications for constitutional rights, namely, the right of parents to decline a vaccination for their child ...
NEWPORT BEACH, Calif. (PRWEB) March 01, 2022
Physicians for Informed Consent (PIC), an educational nonprofit organization focused on science and statistics, filed an Amicus Curiae brief this month in order to support parental rights and informed consent in vaccination in the case Booth v. Bowser (United States District Court, District of Columbia), Case Number 1:21-cv-01857-TNM.
PIC’s Amicus brief supports the plaintiffs in the case — parents challenging the constitutionality of a recently enacted law, the District of Columbia’s Minor Consent for Vaccinations Amendment Act of 2020, 2019 D.C. Adv. Leg. Serv. 532 (Dec. 23, 2020) (the “Minor Consent Act”). The Plaintiffs’ Verified Amended Complaint describes the essence of the case:
“The Minor Consent Act eviscerates parents’ rights to make informed decisions and foolishly allows children as young as 11 to make their own consequential vaccination decisions, which can result in injury or death, as well as vaccine-induced immunity. Under this law, Defendants must conceal from parents that their children have been vaccinated, depriving them of the most rudimentary knowledge that they require to properly care for their children. Shockingly, Defendants shroud the process in secrecy by instructing insurers to conceal children’s vaccination information from parents as payors. Defendants have covered all bases to deceitfully hide this vital information from parents and to obstruct their ability to serve as dutiful and effective caregivers.” Document 31, filed 11/15/21, page 11.
The current procedural posture of the case is that plaintiffs requested a preliminary injunction, and the defendants have moved to dismiss the case. Therefore, the District Court is presented with questions relating to the sufficiency of the allegations, and the plaintiffs’ likelihood of success on the merits.
Several doctors’ groups have provided Amici briefs in the case. Physicians for Informed Consent provided an Amicus brief to address the following key points:
1. “The Minor Consent Act fails every level of judicial scrutiny because it is arbitrary and irrational that the government would (1) completely override parental rights guaranteed by constitutional precedent, whilst (2) legalizing the worst-case scenario: behind closed doors an adult stranger asks an 11-year-old girl to ‘consent’ to his medical injection, which the child does not medically understand even after this stranger shares his information privately with her; she gets injured and her parents are ignorant because of the law. The Bill of Rights is surely present to protect against this ill-conceived legislation.”
2. “Physicians who are fluent in obtaining informed consent would confirm that the Minor Consent Act would violate every level of judicial scrutiny. Physicians experienced in obtaining informed consent know it is not possible for 11-year-old children as a group to understand the risks of Covid-19, the relative durability of natural immunity, the risks and benefits of Covid-19 vaccination, the ingredients in vaccination, or the risks and benefits of Covid-19 therapies—all in the applied context of patient personal and family history, and all in the short time (if any) allotted for a Covid-19 vaccination during a medical appointment.” Document 45-1, filed 2/16/21, pages 7-8.
Additionally, although there is a COVID-19 vaccine authorized for emergency use in children, there is not a COVID-19 vaccine that has been approved or licensed by the FDA for use in children under age 16, a distinction that may not be clear even for adults.
The PIC Amicus brief provides additional details specific to children in Washington, D.C., such as “the DC science and health curriculum for fifth graders  contains zero references to vaccination or the immune system… Only in ninth grade do DC public school students begin their basic and highly simplified education about infectious disease and the immune system.” Id. at page 11.
"Physicians for Informed Consent will continue to monitor this important case with far-reaching implications for constitutional rights, namely, the right of parents to decline a vaccination for their child," said Greg Glaser, general counsel for Physicians for Informed Consent.
About Physicians for Informed Consent
Physicians for Informed Consent is a 501(c)(3) educational nonprofit organization focused on science and statistics. PIC delivers data on infectious diseases and vaccines, and unites doctors, scientists, healthcare professionals, attorneys, and families who support voluntary vaccination. In addition, the PIC Coalition for Informed Consent consists of over 300 U.S. and international organizations. To learn more or to become a member, please visit physiciansforinformedconsent.org.