Attorneys from the New Civil Liberties Alliance and Austin, TX-based Texas Public Policy Foundation are representing almost a dozen federal workers in a class action lawsuit against their employer, the U.S. government, claiming that workers with natural COVID-19 immunity should be exempt from President Joe Biden’s executive order that sets a Nov. 22 deadline for all federal workers, and contractors for the government, to be fully vaccinated against the coronavirus.
Anthony Fauci, M.D., and other members of the Safer Federal Workforce Task Force are also named as defendants in the lawsuit pending in the U.S. District Court for the Southern District of Texas. The plaintiffs contend that the federal employee vaccine mandate violates employees’ constitutional and statutory rights.
The plaintiffs already have contracted and recovered from COVID-19, and therefore, possess natural immunity and should therefore be exempted from the vaccine mandate, according to the lawsuit.
“The rational goal of any vaccine policy is to foster immunity. Vaccinating the already immune on pain of unemployment is as arbitrary and capricious an agency action as can be imagined,” maintained John Vecchione, senior litigation counsel at NCLA. “If your federal employer can do this, what other medical procedures can they impose on federal workers for zero health benefit just because they want to?”
The claim assets: “Their only option is to proceed as they are doing here to bring this class action suit now seeking to obtain temporary and/or preliminary injunctive relief, as well as permanent injunctive relief to block the federal employee vaccine mandate from continuing to operate pending the resolution of this litigation on the merits.”
