America’s Frontline Doctors, a nonprofit, filed a motion on July 19 seeking immediate injunctive relief to stop the emergency use authorization (EUA) of COVID-19 vaccines for three groups of Americans: anyone under the age of 18, anyone who has recovered from COVID-19, and those who haven’t given informed consent as defined by federal law. The motion was filed against Xavier Becerra, Secretary of the Department of Health and Human Services (HHS), and other defendants in a federal district court in the Northern District of Alabama.
“The emergency declaration and its multiple renewals are illegal,” the complaint (pdf) alleges.
According to the Federal Food, Drug, and Cosmetic Act, when the HHS secretary declares that an emergency use is appropriate, the FDA (Food and Drug Administration) may then authorize unapproved use or EUA of a vaccine.
On Feb. 4, 2020, then-HHS Secretary Alex Azar declared a public health emergency, saying that existing circumstances justify the EUA.