Malcolm Johnson, et al. v. Tina Kotek, Governor of Oregon, et al.

The well-established law is that medical experimentation on humans cannot be performed without informed consent, or with any degree of duress or coercion. COVID-19, however, turned the world upside down and government officials began to order injections of experimental vaccines on penalty of losing one’s job. Oregon’s executive officials mandated all executive branch employees, healthcare workers, and school employees be vaccinated for COVID-19. These mandates were deliberately calculated acts with knowledge that the only vaccines available to satisfy the mandate were experimental. This abrogation of the right of informed consent was not only unconstitutional, but a violation of the federal statute authorizing emergency use of experimental vaccines. QUESTION 1: What is the proper standard of review for a Fourteenth Amendment Due Process challenge to a State official’s order that individuals be injected with experimental drugs? QUESTION 2: Is petitioners’ right to informed consent protected by the Privileges or Immunities Clause of the Fourteenth Amendment? QUESTION 3: Can qualified immunity apply to a premeditated “mandate” made with knowledge that it violated constitutional and statutory rights as well as fundamental human rights? QUESTION 4: Does a private right of action exist for violation of rights under 21 U.S.C. § 360bbb-3 via 42 U.S.C. § 1983?