Case 2:21-cv-00702-CLM Document 15 Filed 07/19/21 Page 65 of 67
“[I]t is always in the public interest to prevent the violation of a party’s constitutional rights.” G & V Lounge, Inc. v. Mich. Liquor Control Comm’n, 23 F.3d 1071, 1079 (6th Cir. 1994). “The vindication of constitutional rights and the enforcement of a federal statute serve the public interest almost by definition.” League of Women Voters of Fla. v. Browning, 863 F. Supp. 2d 1155, 1167 (N.D. Fla. 2012). On the other hand, “[t]here is generally no public interest in the perpetuation of unlawful agency action.” League of Women Voters v. Newby, 838 F.3d 1, 12 (D.C. Cir. 2016). Defendants themselves suffer no conceivable harm from the grant of the requested injunctions. A disease that has an overall survivability rate exceeding 99% — comparable to the seasonal flu and countless other ailments — does not create a public health emergency within the meaning of § 360bbb–3. SARS-CoV-2 and COVID-19 do not give rise to any countervailing public interest that justifies overriding the constitutionally protected right to personal autonomy and bodily integrity. This is so with respect to the entire American public, but even more acutely with respect to the under-18 age category and those previously infected with SARS-CoV-2. IV. CONCLUSION Accordingly, and for all of the foregoing reasons, Plaintiffs move under Rule 65, Fed.R.Civ.P., for a preliminary injunction against Defendants enjoining them from continuing to authorize the emergency use of the so-called “Pfizer-BioNTech COVID-19 Vaccine,” “Moderna COVID-19 Vaccine” and the “Johnson & Johnson (Janssen) COVID-19 Vaccine” pursuant to their respective EUAs, and from granting full FDA approval of the Vaccines: (i)
for the under-18 age category;
(ii)
for those, regardless of age, who have been infected with SARS-CoV-2 prior to vaccination; and
(iii)
until such time as the Defendants have complied with their obligation to create and maintain the requisite “conditions of authorization” under Section 546 of the Food, Drugs and Cosmetics Act, 21 U.S.C. § 360bbb– -65-
