Court Grants injunction against Anthrax shots

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Court Grants injunction against Anthrax shots

hereby ORDERED that the Motion for a Preliminary

Injunction is GRANTED. In the absence of a presidential waiver,

defendants are enjoined from inoculating service members without

their consent.

http://www.nimj.com/documents/Anthrax_03-707.pdf

34 pages pdf document is at the above web site

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

) JOHN DOE #1, et al , ) ) Plaintiffs, ) ) v. ) Civil Action No. 03-707

(EGS) ) DONALD H. RUMSFELD, et al ) Defendants.

MEMORANDUM OPINION

Plaintiffs, members of the active duty and selected National

Guardsmen components of the Armed Forces as well as civilian

contract employees of the Department of Defense ( " DoD " ) who have

submitted or have been instructed to submit to anthrax

vaccinations without their consent pursuant to the Anthrax

Vaccine Immunization Program ( " AVIP " ), commenced this action

against the Secretary of Defense ( Rumsfeld), the Secretary

of Health and Human Services (Tommy ), and the

Commissioner of the Food and Drug Administration (Mark

McClellan).

Because plaintiffs maintain that Anthrax Vaccine Adsorbed

( " AVA " ) is an experimental drug unlicensed for its present use

and that the AVIP violates federal law (10 U.S.C. § 1107), a

Presidential Executive Order (Executive Order 13139), and the**********

The central question before this Court is whether

AVA is an " investigational " drug or a drug unapproved for its use

against inhalation anthrax. Upon consideration of plaintiffs'

motion for a preliminary injunction, the opposition, the reply,

and oral arguments, as well as the statutory and case law

governing the issues, and for the following reasons, it is, by

the Court, hereby ORDERED that the Motion for a Preliminary

Injunction is GRANTED. In the absence of a presidential waiver,

defendants are enjoined from inoculating service members without

their consent.