These are pertinent statements in the Supreme Court Lawsuit, seeking to cure the unconstitutional action against Government employees which included members of the Armed Forces.
The Biden Administration was forcing Armed Forces Members to take an experimental vaccine that was not approved by the FDA, because at the time the COMIRNATY vaccine was not available.
In consideration of these interests, DTR seeks to inform the Court that the Pfizer COVID-19 vaccine mandated by the OSHA ETS and described as being the one approved by the FDA, i.e., Comirnaty, is not currently available to anyone in the United States. The United States finally and reluctantly conceded this in a lawsuit DTR brought in Florida. There is no supply of Comirnaty.
Notwithstanding the jurisdictional issues underlying the OSHA Mandate, there is a significant problem concerning how Americans are forced to comply with the mandate. Specifically, the only FDA- approved vaccine – Comirnaty – is not available to the American public. According to the CDC, “COMIRNATY products are not orderable at this time.”14 As of December 16, 2021, “there is not sufficient approved vaccine [i.e., Comirnaty] available for the population for whom it is authorized.” See supra, FDA Pfizer-BioNTech Expansion Letter, note 6 at 5 n.9. In fact, it appears that Comirnaty is not available at all in the United States. Pfizer and the National Institutes of Health confirmed that Comirnaty would be unavailable for months after its approval.
The Department of Justice (“DOJ”) finally conceded the unavailability of Comirnaty through defense counsel for DOD in Austin, where DTR represents service members challenging the DOD Mandate. While DOD initially claimed that the DOD in fact possessed Comirnaty and was administering it to service members, in oral argument, DOJ defense counsel acknowledged that not only did it not have Comirnaty and did not know when it would it get it, but also “could not say even whether vaccines labeled ‘Comirnaty’ exist at all.”
Again, I provided a link to the entire document in post 7.
In short, the Government was forcing Armed Forces members to either take an unapproved vaccine or face termination from the service.
THAT IS TREASON!
JLB