Today, please take action to stop A276b/S762a, this bill would allow drugs and vaccines marketed to prevent STDs to be given to children without parental knowledge or consent.
Last week Children’s Health Defense (CHD) sent a letter (see below) to every member of the New York legislature letting them know that A276b/S762a, would violate federal law, and that a similar law passed in Washington DC was overturned in 2022 by a federal Court in Booth v. Bowser, filed by CHD. Washington DC chose not to appeal the decision. Some might see the CHD letter as an implied threat that a similar suit would be filed in New York if the bill is passed.
As we have repeated in our action alerts, federal law requires that the current Vaccine Information Statement approved by the US Food and Drug Administration must be given to a child’s “legal representatives” which, for the vast majority of children, are the parents or legal guardians. As stated by U. S. District Court Judge Trevor N. McFadden, in the conclusion of his opinion in Booth v. Bowser, “States and the District are free to encourage individuals- including children to get vaccines. But they cannot transgress on the Program Congress created. And they cannot trample the Constitution.”
In these last days of the session there is a mad rush to get as many bills passed as possible. Republicans in the Senate and the Assembly have called for floor debates on all three bad bills passed by the Assembly Health Committee including A276b/S762A. Floor debates take time, which means many bills very important to lots of legislators will not get a vote simply for a lack of time. Legislators hate that. When the legislators learn that a bill that would use precious floor time has already been ruled unconstitutional in substance by a federal court , they will likely let leadership know that they do not want that bill to go forward and jeopardize many other non-controversial bills.
TAKE ACTION
Please use the panel to the right to send messages to your State Senator and Assemblymember letting them know that any effort to pass A276b/S762a will be a waste of time spent passing a law that will not hold up in court.
Please get on the phone again to Albany.
Call your State Senator and Assemblymember and let them know about the federal courts overturning the Washington law, and remind them that states cannot exclude parents from vaccine decisions of their children. Their contact information should appear below.
Call the leadership of the legislature and ask to speak to counsel in the various offices. And let them know that we already know A276b/S762a would not survive in federal court.
Post the letter below to their social media.
Andrea Stewart-Cousins, Senate Majority Leader
Legislative Office Building, Room 907
Albany, NY 12247
Phone: (518) 455-2585
Fax: (518) 426-6811
scousins@nysenate.gov
Carl Heastie, Speaker of the Assembly
(518) 455-3791, (718) 654-6539
LOB 932, Albany, NY 12248
Twitter: @carlheastie
https://www.facebook.com/carl.heastie
Crystal People-Stokes, Assembly Majority leader
(518) 455-5005, (716) 897-9714
PeopleC@nyassembly.gov
LOB 926, Albany, NY 12248
Gustavo Rivera, Chair, co-sponsor S762a
Capitol Building, Room 502C
Albany, NY 12247
Phone: 518-455-3395
Fax: 518-426-6858
Liz Krueger, author of S762a
Capitol Building, Room 416 CAP
Albany, NY 12247
Phone:(518) 455-2297
Fax: (518) 426-6874
Here is the letter that was sent to every member of the New York legislature.
Hon. Carl Heastie
Speaker of the Assembly
1446 E. Gun Hill Rd.
Bronx, NY 10469
Dear Speaker Carl Heastie:
It was recently brought to my attention, and Children’s Health Defense (CHD), that the New York General Assembly Health Committee approved, and the Senate Health Committee is considering a bill (A276b/S762a) allowing children to, among other things, receive vaccinations “without the consent or knowledge of the parents.”
We respectfully inform you that this bill directly conflicts with the National Childhood Vaccine Injury Act of 1986. Specifically, 42 USC 300aa-25 and 42 USC 300aa-26. Therefore, this bill is clearly unconstitutional under the Supremacy Clause of the United States Constitution.
Children’s Health Defense represented a group of parents challenging a very similar law, the District of Columbia Minor Consent For Vaccination Act, in Booth v. Bowser 597 F.Supp.3d 1 (2022). In that case, CHD sought, and a Federal District Court issued a preliminary injunction prohibiting enforcement of the law and the District of Columbia was forced to repeal it. Below are the order and opinion in Booth v. Bowser to illustrate how your new bill may also be deemed unlawful. As stated by U. S. District Court Judge Trevor N. McFadden, in the conclusion of his opinion in Booth v. Bowser, “States and the District are free to encourage individuals- including children to get vaccines. But they cannot transgress on the Program Congress created. And they cannot trample the Constitution.”
We have enclosed a Tennessee law, the Mature Minor Doctrine Clarification Act, which Governor Lee signed into law on May 17, 2023. Please note that Section 2(a)(1), of the Tennessee law, recognizes the applicability of 42 USC 300aa-26 of the National Childhood Vaccine Injury Act of 1986 (requiring that, prior to vaccinating a minor, the healthcare provider must provide to the minor’s representative (i.e., parent or guardian) a Vaccine Information Sheet), one of the sections of the federal law with which the proposed New York bill conflicts. The language of and the issues raised by the New York bill and the enjoined and repealed former D.C. law are almost identical, and the new Tennessee law further supports that the New York bill is unconstitutional.
Children’s Health Defense respectfully requests that you heed our warning that A276b/S762a is clearly unconstitutional. Thank you for your time and consideration. If you have any questions, please feel free to contact me.
Sincerely,
Rolf G. S. Hazlehurst
Senior Staff Attorney
Children’s Health Defense