Litigation

Read about our current efforts to litigate COVID-19 mandates and challenge the state of public health emergency.

No Mandatory Injections-

Isaac Legarreta v. Fernando Macias, Doña Ana County Manager, and other County Officials

This lawsuit challenges a Dona Ana County mandate requiring first responders to receive the COVID-19 shot as a condition of employment. The lawsuit alleges that because these shots have only Emergency Use Authorization (EUA) for distribution, and ARE NOT approved by the FDA, they are experimental. Laws concerning EUA require full informed consent and the right to accept OR refuse the shot. The lawsuit involves only an issue of law - does federal law pre-empt actions by state and county agencies?

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The phrase " Say no to mandatory vaccine
Young woman in protective mask calling t

There Is No Emergency-

NM Plaintiffs v. Governor Michelle Lujan Grisham; Public Health Director Kathyleen Kunkel, Interim Director Billy Jimenez, et al.

We ask the court to examine the facts underlying the declaration of public health emergency and seek to have the court declare that the situation giving rise to the initial declaration has changed, making the declaration and the public health orders and executive orders flowing from that declaration now invalid.  We seek to demonstrate that the responses by the government are based on an unreliable test and have caused far more harm than the disease itself.

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Who is working on the legal team?

New Mexico Stands Up! has a top-notch team working with us on our litigation efforts: Ana Garner, Lead Attorney, from Santa Fe, NM; Jonathan Diener, Co-Counsel, from Silver City, NM; and Tom Renz, Co-Counsel, from Ohio Stands Up!  They are supported by a core group of committed volunteers. Meet our litigation team...

Who is Ohio Stands Up! and why are you working with them?

Ohio Stands Up! was the first organization to file a federal lawsuit of its kind, challenging the basis for Emergency Orders as related to the Covid-19 virus. As of March 2021, there are multiple lawsuits filed in Federal District Courts - one filed in Ohio and and two in New Mexico. Each lawsuit has its own plaintiffs and defendants. New Mexico Stands Up! and Ohio Stands Up! have similar missions and the groups have worked together to advance their joint efforts to restore American's liberties.

Why were the lawsuits filed in Federal District Court? How do the federal courts work vis-a-vis the states?

We are presenting a federal question to the court concerning our constitutional rights.  The district court ruling would apply to New Mexico only.  If the case is appealed, the suit moves to the 10th Circuit Court of Appeals, which hears cases from Kansas, Colorado, Utah, Oklahoma, Wyoming, and New Mexico.  A decision in that court would be precedential for all states within the 10th circuit.  From there, an appeal would be presented to the Supreme Court of the United States, where any decision would be precedential for all of the United States.

Is future litigation planned?

We see our next area of action related to mandated COVID-19 injections, whether marketed under Emergency Use Authorization (EUA) or fully approved by the Food and Drug Administration (FDA).

Hold the CDC Accountable-

Ohio Stands Up! vs. US Dept. of Health & Human Services, Center for Disease Control (CDC), etc.

The CDC, in violation of its own rules and other federal laws, significantly changed the manner in which only one condition was to be reported - COVID-19.  The CDC admitted that this new way of reporting and coding COVID-19 deaths would result in higher numbers of deaths attributed to COVID-19.  We seek injunctive relief.

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Medical technologist filling specimen su