September 11, 2019 — Three medical heavyweights have submitted affidavits into the recently filed court case in Nassau County, NY fighting against the repeal of the religious exemption to vaccination. Dr. Lawrence Palevsky, Dr. Theresa Deisher, and Dr. Alvin Moss have all contributed powerful written arguments detailing how a fraud was perpetrated on the people of New York.
Dr. Larry Palevsky’s affidavit on how the alleged measles “outbreak” in New York was presented to the public fraudulently by the New York State Department of Health (NY DOH) is quite simply brilliant. He makes a number of critical points, most of which I have discussed in my recent report “NY Measles Outbreak Hoax?!?” However the affidavit goes much further and directly references specific peer-reviewed scientific journal articles supporting his positions. I hope to publish a commentary on his entire affidavit in the near future, if time allows. Nevertheless everyone should read the entire affidavit – it is a critical contribution to the body politic necessary for understanding the nature of a manufactured “health crisis.”
Dr. Theresa Deisher was the first person to discover adult cardiac derived stem cells, and has been a champion of adult stem cell research, both professionally and privately for two decades. She obtained her doctorate from Stanford University.
Her 8-page affidavit expands upon her previously published OPEN LETTER FROM DR. THERESA DEISHER TO LEGISLATORS REGARDING FETAL CELL DNA IN VACCINES, which I wrote about at this blog on June 6, 2019. You can find that report here.
Dr. Deisher details how aborted human fetal tissue is utilized in the MMR vaccine, but goes further to crush the myth of “herd immunity” with scathing scientific references. She also demolishes the belief that vaccinated peoples cannot, and do not spread measles to others or get infected with measles themselves. They can, and they do.
Dr. Alvin Moss
Dr. Moss holds the distinct and unique honor of being a graduate of Harvard, UPenn and Chicago University; so anyone who wants to pretend he is not an academic and medical giant need not be listened to. Dr. Moss adds to Dr. Deisher’s destruction of “herd immunity” and vaccine efficacy. He backs up all of his claims with nearly 20 citations directly from the scientific literature.
These three affidavits are included in the case recently filed in Nassau County, NY, by Attorneys Elizabeth Brehm, Kevin Barry & Jim Mermigis to reverse the repeal of the religious exemption to vaccination. A similar case will also be filed in Suffolk County, NY very soon. These are separate from the case filed in Albany, NY by Robert F. Kennedy Jr. and Michael Sussman funded by Children’s Health Defense. The most notable difference is that the case filed in Albany is making federal claims while the Nassau County case only makes state-based arguments. The first case has the potential to rise all the way to the Supreme Court of the United States. The Nassau County case does not, as it is only making New York state-based claims.
Kevin Barry of FirstFreedoms.org says the New York State Constitution has language protecting religious freedom that is stronger than the U.S. Federal Constitution. The New York Constitution states that religious freedom in New York is “forever.”
Barry says since “forever” has not ended, neither has religious freedom in New York.
Jews, Christians, Amish, Muslims come to NY Supreme Court to protect Religious & Health Freedoms
Everyone is focused on the injunction, but the real story is about
Hostility for People of Faith
August 15, 2019 — Thousands of New Yorkers were present as Michael Sussman & Robert F. Kennedy Jr. made the case in New York Supreme Court on August 14th that the implementation of the repeal of the religious exemption to vaccination must be delayed. Sussman argued that irreparable harm will be done to children if they are denied access to school this September.
According to Rita Palma, when Justice Denise Hartman asked the Assistant State Attorney General Helena Lynch of New York State if irreparable harm would be done to students if they were not allowed to enter school in September, Lynch did not answer directly. This forced the judge to ask the question several times, as the Assistant AG danced around this core issue.
Outside the courthouse speaking to thousands of supporters after the hearing, Michael Sussman stated, “What we heard today, with all due respect, were arguments undeserving of the Attorney General of the most influential state in the United States.”
To be clear on exactly what was at stake in the courtroom, Sussman & RFK are seeking a preliminary injunction on the repeal of the religious exemption. All an injunction will do is temporarily delay the implementation of the repeal law so that children can remain in school for the entire duration of the court case. If at the end of the entire case Sussman & RFK win, children with a religious exemption to vaccination will remain in school and will not have had their education interrupted at all. This will avoid “irreparable damage” to those students and their families. If they lose, only at that time will such children be removed from school. Since we don’t know what the outcome of the case will be, it is better to err on the side of not harming the education of children prior to the final court decision.
But the Attorney General’s Office argues that these children pose a public health threat, and therefore religious beliefs do not supersede the right of the public to be protected from such a risk. This is a patently false argument which has no evidence to back it up.
Those of you who regularly read this blog know that Democratic Assemblyman Tom Abinanti stated on the floor of the New York State Assembly that there is “…no evidence that anyone with a religious exemption has endangered anyone else.” No one has ever refuted him, or shown any evidence to prove he is wrong, because he is not wrong and no such evidence exists. Abinanti also stated on the floor of the Assembly that all the schools that were shutdown during the measles outbreak because they had unvaccinated children on their rosters did not have even one case of measles in the entire school.
Robert F. Kennedy Jr. outside the courthouse made it clear that New York State had all the tools available to them to contain a measles outbreak but chose not to use them. These included measures such as quarantining those who were infected and temporarily removing unvaccinated students from schools that had reported cases of measles. That wasn’t done and the result was the outbreak worsened, and it seems this may have been purposefully allowed in order to create a problem that begs a solution.
On August 14th, outside the courthouse in Albany Michael Sussman stated, “(Repealing the religious exemption to vaccination was) a broad solution looking for a problem. There’s one case of measles now in New York City.”
That’s right. Only 1 case of measles today, and not one death in the entire country from measles in over 10 years.
If the problem in New York was measles, why didn’t the State pass legislation on measles? Instead they now require all children to get up to 72 injections of 16 different vaccines to go to school. What does a HEP-B vaccine have to do with measles? New York doesn’t have an outbreak of HEP-B. Not only are multiple vaccination medical procedures being forced on children when they are not necessary, this forcing is being done with a deep disdain for religion: This may be the crucial cornerstone to the entire court case against the repeal of the religious exemption
Hostility for Religion
Sussman & RFK argue – with bountiful evidence – that the religious exemption to vaccination was repealed with disdain and hostility towards people of faith. According to Sussman a 2018 Supreme Court ruling of 7-2 found that this is unconstitutional. No law may be made in the United States of America out of hostility towards people of faith. This new Supreme Court precedent very strongly supports the case to “repeal the repeal.”
There are dozens of examples of mostly Democratic lawmakers in Albany acting in complete and utter contempt of people of faith. The most apparent, disgusting and plane to see of them all came from the law’s sponsor, Jeff Dinowitz.
In an interview with Assembly Update on March 19, 2019, Assemblyman Dinowtiz called the sincerely held beliefs of religious people “Utter Garbage.” If that is not clear evidence of disdain and hostility towards religious people I don’t know what is. Sussman stated the disdain for people of faith in the repeal law is blatant. “In this case there was very little disguise, “said Sussman. “It was right out in the open like this,” Sussman said as he held his fist up in the air.
People claim that in California they had a “religious” exemption to vaccination repealed and that their repeal law has stood for 4 years even against legal court challenges. That is not precisely true. Yes, California no longer has any non-medical exemption statuses for vaccination. However they did not have an explicitly religious exemption that was repealed. They had all of their exemptions under the status of “personal belief” exemption which included religious exemption. In fact the lawsuits in California challenging the repeal of their personal belief exemptions never challenged on religious grounds. In New York we exclusively had a religious exemption as the only non-medical exemption to vaccination.
The New York situation is much different as it is entirely, 100% based around religious beliefs, not personal beliefs. It is highly likely that whether Sussman & RFK win or lose, in the years ahead of us this case will make its way to the Supreme Court.
We do not know when Justice Denise Hartman will make her decision on the injunction, as she gave no immediate indication of when she will make her ruling.
“We have to embrace a greater amount of tolerance in our community,” said Sussman, as he made a plea for tolerance regardless of religious beliefs or political party. He went on to say that today our nation is desperately lacking tolerance across the board. I could not agree with that statement more.
Important Update – As the day ended Rita Palma went to Governor Cuomo’s Office in the Capitol Building with hundreds of supporters to leave photos of their children, but Cuomo had the building locked so none of them could access it:
Update – Thank you to John Gilmore for disseminating this report: Here is an account from inside the Courtroom by Melissa Bordes:
What an amazing turnout today! Despite what MSM is reporting, there were well over 3,000 people in Albany today to hear arguments to the Honorable Judge Denise Hartman for the preliminary injunction.
Attorney Michael Sussman was incredible. The State floundered, and was not as well spoken as Sussman. The State said that the right to free expression of religion doesn’t encompass the right to endanger the public. Sussman responded that if it was truly about public health, then why didn’t NYS isolate and quarantine those who were sick when the outbreaks first started happening? Or during the height of measles cases? Why were none of the existing public health measures followed? Sussman argued that the legislature cannot pass law based upon religious hostility as shown in other cases previously judicated on in US Supreme Court and referenced specific cases to demonstrate this. He also shared many different examples of clear & overt hostility towards those with religious objections to vaccines (“so-called religious beliefs”, “loophole”, etc.) from the sponsors of the bill.
The Honorable Judge Denise Hartman said that she hasn’t seen a response yet from the state in regard to the religious hostility allegation. The State said that the remarks from the plaintiffs claiming hostility are subject to interpretation. The state mentioned that one legislator claims that 90% of phone calls he received were not about religious beliefs but personal beliefs which justifies the skepticism.
The judge asked for clarification about when the law goes in to effect which is 14 days after the start of school. In Sussman’s final five minutes of argument, he spoke about how students with religious exemptions are no more of a threat to public health than students with medical exemptions. He also pointed out how the law doesn’t address high schoolers who are 19 years of age or address any of the adults in schools.
He also spoke about how denying children an education, especially students with special needs who have IEPs and depend on their services is clear irreparable harm.
At the end, Judge Hartman asked the state if they believed not sending kids to school in September would cause irreparable harm for the plaintiffs. The State’s answer was weak. She said that it would cause more harm if they went to school, lost the case, and then removed.
Oral arguments lasted about 45 minutes. Judge Hartman has not made a decision yet on the preliminary injunction.
Once the hearing ended, the attendees then assembled at the capital steps where Attorney Michael Sussman and Attorney Robert F. Kennedy Jr. of Children’s Health Defense both delivered powerful speeches about the gross infringement of our fundamental rights and how ability to practice free religion is what our country was founded upon. Sussman also highlighted the diversity of religious groups represented in Albany today, including Amish, Ultra Orthodox Jewish, Christians, Protestants and non- denominational groups.
After rousing speeches on the courtroom steps, the crowd of thousands of people walked to the Capital Steps, where we heard from Sussman a second time. Again he spoke about how religious rights are civil rights and how this is an infringement of the very fabric of our constitution. Rita Palma, of NYAVR & CHD NY also spoke about maintaining unity & progress within our community based on our steadfast beliefs.
The crowd then proceeded to go to Governor Cuomo’s office in the capital building where parents left pictures of their children who will now be denied a free and appropriate education, outside his office. It was powerful and extremely moving to see so many families, of all different faiths coming together to stand in unity to advocate for our children who are being cast out of society and denied their basic fundamental rights.Thank you to everyone who came today.
Thank you to Michael Sussman, Robert F. Kennedy, Jr and Elizabeth Brehm for their tireless work on this case. We hope to hear the judges decision within the next few days, please continue to pray and keep taking action.
July 29, 2019 — The below is a press release announcing the second in a series of what will likely be three total lawsuits challenging the repeal of the religious exemption to vaccination in New York. This is the lawsuit where the odds are most in our favor. No other state has kicked disabled children out of school because of their parents religious beliefs in the hyper-egregious manner that New York has done. – Fed Up Dem
Families of Children with Disabilities Sue New York State to Enforce Rights Under IDEA and Allow Children to Attend School
Albany, NY—Attorneys Kim Mack Rosenberg of Bouer Law LLC, and Robert F. Kennedy, Jr., Chairman and Chief Legal Counsel for Children’s Health Defense (CHD), filed a lawsuit July 25, 2019, in U.S. District Court for the Eastern District of New York (NY). The lawsuit asks the Court to enjoin the State from enforcing a recent repeal of religious vaccine exemptions under the NY vaccine law that will cause the catastrophic exclusion from school of thousands of children with disabilities despite federal law to the contrary.
The six plaintiffs have children with disabilities, including Down Syndrome and speech/language delays and other disabilities. These children are protected by the federal Individuals with Disabilities Education Act (IDEA), enacted by Congress “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living; [and] … to ensure that the rights of children with disabilities and parents of such children are protected.”
“New York State’s repeal of the religious exemption flies in the face of the IDEA’s purpose to protect these vulnerable children and assure them the right to access appropriate educational and related services,” said Mack Rosenberg. “New York has chosen instead to lock the schoolhouse doors to these children and deny them access to educational and other services they desperately need. It has done so while denying them proper notice, due process, and other rights guaranteed under federal law.”
The Complaint argues that the IDEA preempts state law under the Supremacy Clause of the U.S. Constitution where, if a federal and state law conflict as they do here, the federal law is paramount and must prevail. New York’s repeal sets an impermissible condition precedent to disabled children accessing education which is not contemplated or permitted under IDEA, and therefore must be enjoined by the Court and its implementation overturned.
“Those with disabilities and their families have had to fight long and difficult battles to protect these vulnerable children,” said Kennedy. “In one day, on June 13, 2019, New York State callously flouted those hard-fought rights, and disregarded federal law.”
CHD’s first lawsuit against NY State challenging the constitutionality of the repeal of the religious exemption to vaccination, is still on-going despite a recent denial of a temporary restraining order.
July 10, 2019 – Today RFK Jr. & Michael Sussman filed suit against NY on behalf of families on 1st amendment grounds stating the repeal of the religious exemption to vaccination in New York was and is unconstitutional.
Has a stay been granted?
Not yet – but we should know if there will be a stay that delays the order by Friday July 12th. It appears NY State has until Friday to file paperwork. Attorney Robert Krakow describes what transpired in court today as follows:
“A decision on an order to show cause requesting an emergency stay of enforcement of the mandate was deferred until Friday, pending submission of papers by NY State.”
I’m no lawyer, but to me that sounds like New York State has until Friday to produce documentation that proves a stay should not or cannot be allowed. If anyone has any further pertinent information to add as to what transpired in court in Albany, NY today, please send it to me at thefedupdemocrat@ gmail.com and I will include it in this post.
***Very important update from Rita Palma: The temporary restraining order will be decided by Friday. That might not be granted, but there will be a hearing for the preliminary injunction (more important and lasts for the duration of the case) will be held within 2-3 weeks. This hearing has witnesses, i.e. parents, clergy, doctors. Please stay tuned for the date! We will let you know as soon as we do. So even if we don’t get it in Friday, we have another chance right behind it. We have to pack the house once again- today was AMAZING on 12 hours notice. With a couple of weeks notice, who knows what we can do? The Judge was impressed with the crowd and I think Michael Sussman was proud and happy to have us there. (emphasis added)
According to Rita Palma’s summary, the New York Attorney General, Latisha James, has been given till close of business tomorrow (7-11-19) to provide all documentation why a Temporary Restraining Order (stay) should not be allowed in this case.
A Tweet about the Judge in this case reads as follows: Turns out Judge Mackey, who is hearing the case in Albany, went to a catholic high school & is the founder of his firm which specializes in medical malpractice and product liability! They have fought and won some cases on the basis of unconstitutionality! VERY PROMISING!
FOR IMMEDIATE RELEASE July 10, 2019 Contact: Laura Bono, 202-854-131
Families Sue New York State to Stop the Repeal of the Religious Exemption to Vaccines
Attorneys Michael H. Sussman and Robert F. Kennedy, Jr. will answer questions regarding the lawsuit on the Albany County, NY Courthouse steps, 16 Eagle Street, at 2 PM, July 10th.
Albany, NY—Attorneys Sussman and Kennedy filed a lawsuit today in New York State (NYS) Supreme Court challenging the constitutionality of the NYS legislature’s June 13, 2019 repeal of the religious exemption to vaccination, Public Health Law Section 2164(9). The plaintiffs, 55 NYS families who held lawful religious exemptions, request that the court enjoin the enactment of the repeal temporarily, preliminarily and permanently.
The plaintiffs are of diverse religious faiths, including Christianity, Judaism, and Islam. As a result of the repeal, these families can no longer educate their children in any schools or camps in New York without violating their religious faith. The parents who bring the suit seek to represent thousands of other families likewise affected by the repeal.
The complaint argues that the repeal violates both state and federal law. And, the repeal of this longstanding religious right, without a single public hearing, unreasonably interferes with religious freedom. “To deprive families of the rights to freedom of religious expression, parental rights, and the right to either a public or private education, the state must demonstrate a “compelling state interest” that the state has failed to prove here,” said Sussman. Furthermore, the state must act with neutrality towards all religious faiths and may not display impermissible animosity or hostility to religion. Yet, in this case, many NYS legislators showed great animosity to those with religious exemptions, calling the nature of the exemption “utter garbage,” “a myth and fabrication,” “a loophole,” and many other slurs.
While irreparably harming plaintiffs and similar families, the state has failed to prove even a rational basis to mandate all the vaccines on the NYS schedule to those who hold genuine, sincere religious beliefs against them.
Kennedy, Chief Legal Counsel for Children’s Health Defense, stated, “Religious rights are fundamental. It is unconstitutional for the state to deprive people of such important rights when religious animus has played a key role. To enact such harsh legislation without any legislative fact-finding, and with the legislators’ open display of prejudice towards religious beliefs different than their own, is simply un-American; it is essential that we fight this.”
The attorneys for Children’s Health Defense met on Saturday and are working in harmony to fight the repeal bill. CHD is asking for and emphasizing patience in our community until the suits are filed. Strong legal cases take time, careful thought and collaboration. So much is at stake, not just for NY, but for the country. Please trust in the experts who are emotionally invested in this issue, but create a ‘Plan B’.
1.) Harvard trained att’y Michael Sussman (he trounced Rockland County) will be taking the biggest piece regarding religious freedom and a NY child’s right to an education. He will file by the deadline of July 14 and will request a stay SOON thereafter. We are not sure of the exact time frame for the request. This suit will benefit ALL children as will the stay. Mr. Sussman is known for taking on ‘impossible’ cases and winning.
2.) Att’y and author Kim Mack Rosenberg will be taking the Special Education piece of this, also filing by the deadline and requesting a stay. Kim’s memo outlining the Spec Ed issues with this draconian bill has already made the rounds in Albany and beyond. She will bring her talents, credentials and heart to this case. This suit will help children with IEPs and 504s.
3.) The fact that the medical exemptions are virtually impossible to obtain in NYS will also be legally challenged. More on that as the case is formed.
Keep in mind each legal challenge is unique and what is going on in NY CANNOT be compared to other states, like California. SB 277 was well-thought out, compared to what was pushed through NY. CA built in Spec Ed carve-outs, a grandfather clause, a long lead-in, broader medical exemptions etc. NY had NONE of these. In fact, the proposed ‘catch-up’ vaccination schedule is extreme and likely dangerous. This benefits our case by making the egregious bill even more so. The impact on families is enormous and they have had no time to prepare.
Please do nothing that you may be sorry for; help is on the way. I know the uncertainty, humiliation and stress are really back-breaking. I lived it too and alone. Reach out to people who are going through it and spend time with them. It helps.